(1) As used in this section: (a) "Mental health chatbot" means the same as that term is defined in Section 13-72a-101. (b) "Supplier" means the same as that term is defined in Section 13-11-3. (2) It is an affirmative defense to liability in an action brought under Subsection 58-1-501(1) or Subsection 58-1-501(2) if the supplier demonstrates that the supplier: (a) created, maintained, and implemented a policy that meets the requirements of Subsection (3); (b) maintains documentation regarding the development and implementation of the mental health chatbot that describes: (i) foundation models used in development; (ii) training data used; (iii) compliance with federal health privacy regulations; (iv) user data collection and sharing practices; and (v) ongoing efforts to ensure accuracy, reliability, fairness, and safety; (c) filed the policy with the division as described in Subsection (4); and (d) complied with all requirements of the filed policy at the time of the alleged violation. (3) A policy described in Subsection (2)(a) must: (a) be in writing; (b) clearly state: (i) the intended purposes of the mental health chatbot; and (ii) the abilities and limitations of the mental health chatbot; and (c) describe the procedures by which the supplier: (i) ensures that licensed mental health therapists are involved in the development and review process; (ii) ensures the mental health chatbot is developed and monitored in a manner consistent with clinical best practices; (iii) conducts testing, prior to making the mental health chatbot publicly available and regularly thereafter, to ensure that the output of the mental health chatbot poses no greater risk to a user than that posed to an individual in therapy with a licensed mental health therapist; (iv) identifies reasonably foreseeable adverse outcomes to, and potentially harmful interactions with, users that could result from using the mental health chatbot; (v) provides a mechanism for a user to report any potentially harmful interactions from use of the mental health chatbot; (vi) implements protocols to assess and respond to risk of harm to users or other individuals; (vii) details actions taken to prevent or mitigate any such adverse outcomes or potentially harmful interactions; (viii) implements protocols to respond in real time to acute risk of physical harm; (ix) reasonably ensures regular, objective reviews of safety, accuracy, and efficacy, which may include internal or external audits; (x) provides users any necessary instructions on the safe use of the mental health chatbot; (xi) ensures users understand they are interacting with artificial intelligence; (xii) ensures users understand the intended purpose, capabilities, and limitations of the mental health chatbot; (xiii) prioritizes user mental health and safety over engagement metrics or profit; (xiv) implements measures to prevent discriminatory treatment of users; and (xv) ensures compliance with the security and privacy provisions of 45 C.F.R. Part 160 and 45 C.F.R. Part 164, Subparts A, C, and E, as if the supplier were a covered entity, and applicable consumer protection requirements, including Sections 13-72a-201, 13-72a-202, and 13-72a-203. (4) To file a policy with the division under this section, a supplier of a mental health chatbot: (a) shall provide to the division: (i) the name and address of the supplier; (ii) the name of the mental health chatbot supplied by the supplier; (iii) the written policy described in Subsection (3); and (iv) a fee set in accordance with Section 63J-1-504; (b) shall file in a manner established by the division; and (c) may provide to the division: (i) any revisions to a policy filed under this section; or (ii) any other documentation the supplier elects to provide. (5) The division: (a) shall provide a means for a supplier of a mental health chatbot to file under this section; and (b) may impose an annual filing fee set in accordance with Section 63J-1-504. (6) The affirmative defense described in this section applies only in an administrative or civil action alleging a violation of: (a) Subsection 58-1-501(1); or (b) Subsection 58-1-501(2). (7) Nothing in this section shall be construed to: (a) bar the division from bringing an action under Subsection 58-1-501(1) or Subsection 58-1-501(2) against the supplier of a mental health chatbot; or (b) recognize a mental health chatbot as a licensed mental health therapist.
‹ Prev All Utah sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.