Provides for the regulation of mental health chatbots that use artificial intelligence technology. (gov sig)

Senate Bill 5 creates a comprehensive regulatory framework for mental health chatbots by enacting new sections 28:16 and 17 of Louisiana Revised Statutes. The legislation defines key terms including artificial intelligence, mental health chatbots, operators, and users, establishing that mental health chatbots are AI systems designed to simulate human conversation about mental health conditions through text, audio, or visual communication. The statute requires operators to disclose clearly and conspicuously that users are interacting with artificial intelligence rather than humans, with such disclosure mandated before initial access, at the beginning of interactions after seven-day gaps, and whenever users ask about AI use. Additionally, operators must establish protocols addressing suicidal ideation, self-harm, or threats to others by referring users to crisis services such as suicide hotlines. The legislation also restricts data practices by prohibiting operators from selling or sharing individually identifiable health information or user inputs with third parties except when healthcare providers request information with user consent, health plans request information at user direction, or information sharing is necessary for chatbot functionality under contract.

The advertising and marketing restrictions constitute a significant component of the regulatory scheme. Operators are prohibited from using mental health chatbots to advertise specific products or services unless the chatbot clearly identifies advertisements as such and discloses any sponsorship or business affiliations. More restrictively, operators cannot use user inputs to determine whether to display product advertisements, select which products or services to advertise, or customize advertisement presentation, with the sole exception being advertisements for the chatbot itself. These provisions do not prevent chatbots from recommending that users seek help from licensed healthcare professionals.

The statute operates within Louisiana's existing consumer protection framework and delegates enforcement to the attorney general under provisions similar to those governing other state consumer protection actions. Violations carry civil penalties of up to ten thousand dollars per violation, with additional penalties of up to five thousand dollars per violation for breaches of administrative or court orders. The statute establishes a notice-and-cure procedure requiring the attorney general to provide written notice identifying alleged violations at least forty-five days before initiating enforcement action, allowing operators to cure violations within that period and avoid litigation. When the attorney general prevails in court, the operator must pay reasonable attorney fees, court costs, and investigative costs. Collected penalties must be directed toward consumer protection enforcement and education efforts. The law incorporates by reference the Health Insurance Portability and Accountability Act privacy and security standards codified at 45 CFR Parts 160 and 164, requiring operators and their contracted entities to comply as if they were covered entities and business associates under federal law.