HB 2175 — An Act amending Title 12 (Commerce and Trade) of the Pennsylvania Consolidated Statutes, providing for consumer protection and for artificial intelligence and chatbots; imposing duties on the Bureau of Consumer Protection in the Office of Attorney General; and imposing penalties.

PRINTER'S NO.   2831

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 2175
                                                Session of
                                                  2026

     INTRODUCED BY SHUSTERMAN, SCHLOSSBERG, SAPPEY, HILL-EVANS,
        HOWARD, FREEMAN, WAXMAN, RIVERA, OTTEN, SANCHEZ, CEPEDA-
        FREYTIZ, BOYD, SCOTT, DOUGHERTY, DALEY, PROBST, HANBIDGE AND
        ISAACSON, JANUARY 30, 2026

     REFERRED TO COMMITTEE ON COMMERCE, JANUARY 30, 2026


                                     AN ACT
 1   Amending Title 12 (Commerce and Trade) of the Pennsylvania
 2      Consolidated Statutes, providing for consumer protection and
 3      for artificial intelligence and chatbots; imposing duties on
 4      the Bureau of Consumer Protection in the Office of Attorney
 5      General; and imposing penalties.
 6      The General Assembly of the Commonwealth of Pennsylvania
 7   hereby enacts as follows:
 8      Section 1.    Title 12 of the Pennsylvania Consolidated
 9   Statutes is amended by adding a part to read:
10                                  PART VI
11                            CONSUMER PROTECTION
12   Chapter
13      71.    Artificial Intelligence and Chatbots
14                                 CHAPTER 71
15                    ARTIFICIAL INTELLIGENCE AND CHATBOTS
16   Sec.
17   7101.    Scope of chapter.
18   7102.    Definitions.
 1   7103.   Protection of personal information.
 2   7104.   Advertising.
 3   7105.   Disclosure of artificial intelligence technology.
 4   7106.   Enforcement and penalties.
 5   7107.   Construction.
 6   § 7101.    Scope of chapter.
 7      This chapter relates to artificial intelligence and chatbots.
 8   § 7102.    Definitions.
 9      The following words and phrases when used in this chapter
10   shall have the meanings given to them in this section unless the
11   context clearly indicates otherwise:
12      "Artificial intelligence."        As defined in 18 Pa.C.S. §
13   3131(g) (relating to unlawful dissemination of intimate image).
14      "Artificial intelligence technology."        A computer system,
15   application or other product that uses or incorporates one or
16   more forms of artificial intelligence.
17      "Bureau."      The Bureau of Consumer Protection in the Office of
18   Attorney General.
19      "Chatbot."         As follows:
20             (1)   Artificial intelligence technology that:
21                   (i)    Uses generative artificial intelligence to
22             engage in interactive conversations with a consumer.
23                   (ii)    A supplier represents, or a reasonable person
24             would believe, can or will provide information to a
25             consumer to help a consumer manage a situation or treat a
26             condition, including a situation or treatment involving
27             mental health care.
28             (2)   The term does not include artificial intelligence
29      technology that only:
30                   (i)    provides scripted output, including a guided

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 1          meditation or mindfulness exercise; or
 2                (ii)    analyzes an individual's input for the purpose
 3          of connecting the individual with a human mental health
 4          professional.
 5      "Consumer."      An individual located in this Commonwealth at
 6   the time that the individual accesses or uses a chatbot.
 7      "Consumer input."     Content provided to a chatbot by a
 8   consumer.
 9      "Covered entity."     As defined in 45 CFR 160.103 (relating to
10   definitions).
11      "Generative artificial intelligence."         As defined in 18
12   Pa.C.S. § 3131(g).
13      "Health care provider."      As follows:
14          (1)     A person, corporation, facility, institution or
15      other entity licensed, certified or approved by the
16      Commonwealth to provide health care or professional medical
17      services.
18          (2)     The term includes a physician, chiropractor,
19      optometrist, professional nurse, certified nurse-midwife,
20      podiatrist, hospital, nursing home, ambulatory surgical
21      center and birth center.
22      "Health plan."     As defined in 45 CFR 160.103.
23      "Individually identifiable health information."         Information,
24   whether oral or recorded in any form or medium, that relates to
25   the physical or mental health or condition of an individual.
26      "Mental health care."      Any care, treatment, service or
27   procedure to maintain, diagnose, treat or provide for mental
28   health, including any medication program and therapeutic
29   treatment.
30      "Mental health professional."         As follows:

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 1        (1)    An individual who is licensed, certified or
 2    otherwise authorized in accordance with the laws of this
 3    Commonwealth to administer or provide mental health care in
 4    the ordinary course of business or practice of a profession.
 5        (2)    The term includes:
 6               (i)    Any of the following, as defined in section 2 of
 7        the act of December 20, 1985 (P.L.457, No.112), known as
 8        the Medical Practice Act of 1985:
 9                      (A)   A physician.
10                      (B)   A physician assistant.
11               (ii)    An advance practice professional as defined in
12        section 2 of the act of May 31, 2018 (P.L.123, No.25),
13        known as the Outpatient Psychiatric Oversight Act.
14               (iii)    An individual licensed as a psychologist in
15        accordance with the act of March 23, 1972 (P.L.136,
16        No.52), known as the Professional Psychologists Practice
17        Act.
18               (iv)    Any of the following, as defined in section 2
19        of the act of May 22, 1951 (P.L.317, No.69), known as The
20        Professional Nursing Law:
21                      (A)   A certified registered nurse practitioner.
22                      (B)   A clinical nurse specialist.
23               (v)    Any of the following, as defined in section 3 of
24        the act of July 9, 1987 (P.L.220, No.39), known as the
25        Social Workers, Marriage and Family Therapists and
26        Professional Counselors Act:
27                      (A)   A licensed associate marriage and family
28               therapist.
29                      (B)   A licensed associate professional counselor.
30                      (C)   A licensed bachelor social worker.

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 1                          (D)   A licensed clinical social worker.
 2                          (E)   A licensed marriage and family therapist.
 3                          (F)   A licensed professional counselor.
 4                          (G)   A licensed social worker.
 5                          (H)   A social worker.
 6                   (vi)    An addictions counselor who is licensed,
 7             certified or otherwise authorized to staff drug and
 8             alcohol treatment projects and provide services regarding
 9             substance abuse and recovery, in accordance with 28 Pa.
10             Code Pt. V (relating to Department of Drug and Alcohol
11             Programs) and the laws of this Commonwealth.
12      "Operator."         An individual or entity, including a
13   corporation, partnership, limited liability company, business
14   trust, estate, foundation, association, organization or trust,
15   or an agent or subsidiary thereof, that offers the use of or
16   provides a chatbot to a consumer, if the chatbot is bought from
17   or otherwise provided by a supplier.
18      "Supplier."         As follows:
19             (1)   A seller, lessor, assignor, offeror, broker or other
20      person that regularly solicits, engages in or enforces
21      transactions with a consumer regarding a chatbot, whether or
22      not the person deals directly with the consumer.
23             (2)   The term includes an operator.
24   § 7103.    Protection of personal information.
25      (a)    Prohibition.--Except as provided under subsections (b)
26   and (c), a supplier may not sell to or share with a third party
27   the following:
28             (1)   Individually identifiable health information of a
29      consumer.
30             (2)   Consumer input.

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 1      (b)   Applicability.--The prohibition under subsection (a)
 2   shall not apply if:
 3            (1)   Either:
 4                  (i)    A health care provider requests access to the
 5            individually identifiable health information of the
 6            consumer and the consumer consents to the access in
 7            accordance with subsection (d).
 8                  (ii)    The consumer requests that a health plan be
 9            provided access to the individually identifiable health
10            information of the consumer and the consumer consents to
11            the access in accordance with subsection (d).
12            (2)   The individually identifiable health information is
13      shared in accordance with subsection (c).
14      (c)   Sharing information.--
15            (1)   A supplier may share a consumer's individually
16      identifiable health information if:
17                  (i)    the sharing of the information is necessary to
18            ensure the effective functionality of the chatbot with a
19            third party with which the supplier has a contract
20            related to the functionality; and
21                  (ii)    the consumer consents to the sharing of the
22            information in accordance with subsection (d).
23            (2)   When sharing information in accordance with this
24      subsection, the supplier and the third party shall comply
25      with all applicable privacy and security provisions of 45 CFR
26      Pts. 160 (relating to general administrative requirements)
27      and 164 (relating to security and privacy), as if the
28      supplier were a covered entity and the third party were a
29      business associate.
30      (d)   Consent.--

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 1             (1)   A consumer may consent to access to individually
 2      identifiable health information of the consumer by a health
 3      care provider or health plan in accordance with this section.
 4             (2)   To be effective, the consent under this subsection
 5      must:
 6                   (i)    Be in writing.
 7                   (ii)    Acknowledge that the consumer understands and
 8             agrees to the access of the individually identifiable
 9             health information of the consumer by a health care
10             provider or health plan.
11             (3)   The consent under this subsection may involve the
12      consumer initialing or signing the acknowledgment described
13      in paragraph (2)(ii), checking a box, providing an electronic
14      signature or hitting a button.
15   § 7104.    Advertising.
16      (a)    Supplier.--A supplier may not:
17             (1)   Use a chatbot to advertise a specific product or
18      service to a consumer in a conversation between the consumer
19      and the chatbot.
20             (2)   Use consumer input to:
21                   (i)    Determine whether to display an advertisement
22             for a product or service to the consumer, unless the
23             advertisement is for the chatbot itself.
24                   (ii)    Determine a product, service or category of
25             product or service to advertise to the consumer.
26                   (iii)    Customize how an advertisement is presented to
27             the consumer.
28      (b)    Construction.--This section shall not be construed to
29   prohibit a chatbot from recommending a consumer to seek
30   counseling, therapy or other assistance from a mental health

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 1   professional.
 2   § 7105.    Disclosure of artificial intelligence technology.
 3      (a)    Policy required.--
 4             (1)   Subject to paragraph (2), a supplier of a chatbot
 5      shall develop, implement and maintain a written policy
 6      containing disclosures regarding the chatbot in accordance
 7      with subsection (c).
 8             (2)   In complying with paragraph (1), a supplier shall
 9      protect any trade secret or other proprietary information
10      regarding the chatbot.
11      (b)    Consent required.--
12             (1)   Before accessing the features of a chatbot or
13      entering the chat page of a chatbot, a consumer must
14      acknowledge that the consumer has read, understands and
15      consents to the policy described under subsection (a) and the
16      purpose, capabilities and limitations of the chatbot.
17             (2)   The consent under this subsection must be in writing
18      and may involve the consumer initialing or signing the
19      acknowledgment described in paragraph (1), checking a box,
20      providing an electronic signature or hitting a button.
21      (c)    Specific disclosures.--The policy described under
22   subsection (a) must clearly and conspicuously provide the
23   following:
24             (1)   The intended purposes of the chatbot.
25             (2)   The abilities and limitations of the chatbot.
26             (3)   A statement that the chatbot is an artificial
27      intelligence technology and is not a human, which must be
28      provided each time that the consumer asks or otherwise
29      prompts the chatbot about whether artificial intelligence is
30      being used.

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 1        (4)   The procedures by which the supplier:
 2              (i)    Conducts testing, prior to making the chatbot
 3        publicly available and regularly thereafter, to ensure
 4        that the output of the chatbot poses no greater risk to a
 5        consumer than that posed to an individual communicating
 6        with a human.
 7              (ii)    Identifies reasonably foreseeable adverse
 8        outcomes to, and potentially harmful interactions with,
 9        consumers that could result from using the chatbot.
10              (iii)    Provides a mechanism for a consumer to report
11        any potentially harmful interactions from the use of the
12        chatbot.
13              (iv)    Implements protocols to assess and respond to
14        risk of harm to consumers or other individuals.
15              (v)    Details actions taken to prevent or mitigate any
16        adverse outcomes or potentially harmful interactions.
17              (vi)    Implements protocols to respond, as soon as
18        practicable, to acute risks of physical harm.
19              (vii)    Reasonably ensures regular, objective reviews
20        of safety, accuracy and efficacy, which may include
21        internal or external audits.
22              (viii)    Provides consumers with instructions on the
23        safe use of the chatbot.
24              (ix)    Prioritizes consumer mental health and safety
25        over engagement metrics or profit.
26              (x)    Implements measures to prevent discriminatory
27        treatment of consumers.
28              (xi)    Ensures compliance with the security and
29        privacy provisions of 45 CFR Pts. 160 (relating to
30        general administrative requirements) and 164 (relating to

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 1            security and privacy), as if the supplier were a covered
 2            entity.
 3      (d)     Documentation.--A supplier shall maintain documentation
 4   regarding the development and implementation of the chatbot that
 5   describes:
 6            (1)   Foundation models used in development.
 7            (2)   Training data used.
 8            (3)   Compliance with Federal and State privacy law.
 9            (4)   Consumer data collection and sharing practices.
10            (5)   Ongoing efforts to ensure accuracy, reliability,
11      fairness and safety.
12      (e)     Filing.--A supplier shall file the policy described
13   under subsection (a) with the bureau, in the form and manner as
14   prescribed by the bureau, along with:
15            (1)   The name and address of the supplier.
16            (2)   The name of the chatbot.
17            (3)   An annual filing fee as prescribed by the bureau.
18      (f)     Additional information.--A supplier may provide to the
19   bureau, in the form and manner prescribed by the bureau:
20            (1)   Any revision to the policy described under
21      subsection (a) and filed in accordance with subsection (e).
22            (2)   Any other documentation that the supplier deems
23      appropriate to provide.
24      (g)     Compliance.--A supplier shall comply with the
25   requirements of the policy filed in accordance with this
26   section.
27      (h)     Definitions.--As used in this section, the following
28   words and phrases shall have the meanings given to them in this
29   subsection unless the context clearly indicates otherwise:
30      "Trade secret."     As defined in section 5302 (relating to

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 1   definitions).
 2   § 7106.    Enforcement and penalties.
 3      (a)    Administration and enforcement generally.--The bureau
 4   shall administer and enforce the provisions of this chapter.
 5      (b)    Actions by bureau.--In enforcing this chapter, the
 6   bureau may:
 7             (1)   Impose on a supplier an administrative fine not to
 8      exceed $2,500 for each act or omission that constitutes a
 9      violation of this chapter by the supplier.
10             (2)   Bring an action in a court of competent jurisdiction
11      against a supplier whose act or omission constitutes a
12      violation of this chapter.
13      (c)    Court authority.--
14             (1)   In an action brought by the bureau to enforce this
15      chapter, the court may:
16                   (i)    Declare that an act or practice violates a
17             provision of this chapter.
18                   (ii)    Grant injunctive relief.
19                   (iii)    Order the disgorgement of money received in
20             violation of this chapter.
21                   (iv)    Order the payment of disgorged money to a
22             consumer or other person injured as a result of a
23             violation of this chapter.
24                   (v)    Impose a fine not to exceed $2,500 for each act
25             or omission that constitutes a violation of this chapter.
26                   (vi)    Award other relief as the court deems
27             reasonable and necessary.
28             (2)   If the court awards judgment or injunctive relief to
29      the bureau, the court shall award the bureau:
30                   (i)    Reasonable attorney fees.

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 1                   (ii)    Court costs.
 2                   (iii)    Investigative fees.
 3             (3)   The court may impose a civil penalty not to exceed
 4      $5,000 for each violation of an administrative or court order
 5      issued for a violation of this chapter.
 6      (d)    Attorney General.--The Attorney General may bring a
 7   civil action on behalf of the bureau to collect a fine or civil
 8   penalty imposed under this section.
 9      (e)    Deposit.--The bureau shall deposit all fines and civil
10   penalties collected under this section into the fund designated
11   for the receipt of money relating to the 988 Suicide and Crisis
12   Lifeline.
13      (f)    Private right of action.--Nothing in this section shall
14   be construed to limit any other remedy available at law.
15   § 7107.    Construction.
16      Nothing in this chapter shall be construed to:
17             (1)   Bar or otherwise restrict the bureau from bringing
18      an enforcement action in accordance with other State law
19      against a supplier.
20             (2)   Claim, imply, advertise or otherwise recognize that
21      a chatbot is, or replaces services rendered by, a mental
22      health professional or emotional support professional.
23      Section 2.      This act shall take effect in 60 days.




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