{"data":{"id":"us-ut/utah-code-58-60-118","jurisdiction":"us-ut","citation":"Utah Code § 58-60-118","heading":"Mental health chatbots -- Affirmative defense.","body":"(1) As used in this section:\n(a) \"Mental health chatbot\" means the same as that term is defined in Section 13-72a-101.\n(b) \"Supplier\" means the same as that term is defined in Section 13-11-3.\n(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:\n(a) created, maintained, and implemented a policy that meets the requirements of Subsection (3);\n(b) maintains documentation regarding the development and implementation of the mental health chatbot that describes:\n(i) foundation models used in development;\n(ii) training data used;\n(iii) compliance with federal health privacy regulations;\n(iv) user data collection and sharing practices; and\n(v) ongoing efforts to ensure accuracy, reliability, fairness, and safety;\n(c) filed the policy with the division as described in Subsection (4); and\n(d) complied with all requirements of the filed policy at the time of the alleged violation.\n(3) A policy described in Subsection (2)(a) must:\n(a) be in writing;\n(b) clearly state:\n(i) the intended purposes of the mental health chatbot; and\n(ii) the abilities and limitations of the mental health chatbot; and\n(c) describe the procedures by which the supplier:\n(i) ensures that licensed mental health therapists are involved in the development and review process;\n(ii) ensures the mental health chatbot is developed and monitored in a manner consistent with clinical best practices;\n(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;\n(iv) identifies reasonably foreseeable adverse outcomes to, and potentially harmful interactions with, users that could result from using the mental health chatbot;\n(v) provides a mechanism for a user to report any potentially harmful interactions from use of the mental health chatbot;\n(vi) implements protocols to assess and respond to risk of harm to users or other individuals;\n(vii) details actions taken to prevent or mitigate any such adverse outcomes or potentially harmful interactions;\n(viii) implements protocols to respond in real time to acute risk of physical harm;\n(ix) reasonably ensures regular, objective reviews of safety, accuracy, and efficacy, which may include internal or external audits;\n(x) provides users any necessary instructions on the safe use of the mental health chatbot;\n(xi) ensures users understand they are interacting with artificial intelligence;\n(xii) ensures users understand the intended purpose, capabilities, and limitations of the mental health chatbot;\n(xiii) prioritizes user mental health and safety over engagement metrics or profit;\n(xiv) implements measures to prevent discriminatory treatment of users; and\n(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.\n(4) To file a policy with the division under this section, a supplier of a mental health chatbot:\n(a) shall provide to the division:\n(i) the name and address of the supplier;\n(ii) the name of the mental health chatbot supplied by the supplier;\n(iii) the written policy described in Subsection (3); and\n(iv) a fee set in accordance with Section 63J-1-504;\n(b) shall file in a manner established by the division; and\n(c) may provide to the division:\n(i) any revisions to a policy filed under this section; or\n(ii) any other documentation the supplier elects to provide.\n(5) The division:\n(a) shall provide a means for a supplier of a mental health chatbot to file under this section; and\n(b) may impose an annual filing fee set in accordance with Section 63J-1-504.\n(6) The affirmative defense described in this section applies only in an administrative or civil action alleging a violation of:\n(a) Subsection 58-1-501(1); or\n(b) Subsection 58-1-501(2).\n(7) Nothing in this section shall be construed to:\n(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\n(b) recognize a mental health chatbot as a licensed mental health therapist.","path":["Title 58 Occupations and Professions","Chapter 58-60 Mental Health Professional Practice Act","Part 58-60-1 General Provisions"],"source_url":"https://le.utah.gov/xcode/Title58/Chapter60/58-60-S118.html","current_through":"2026 General Session","vintage":"","retrieved_at":"2026-09-03T11:34:33Z","sha256":"63e278b50a8aba375e2d0e15333b4e1c9d541575195e26b24516c2d992c816e2","source_id":"us-ut","stale":false,"prev":"us-ut/utah-code-58-60-117","next":"us-ut/utah-code-58-60-119"},"notice":"GroundRules: Original legal text. Not legal advice."}