Protections for Users of Mental Health Chatbots

Utah Code tit. 13, ch. 13-72a, pt. 13-72a-P2

in effect

Utah Code § 13-72a-201 Protection of personal information.

13-72a-201. Protection of personal information. (1) A supplier of a mental health chatbot may not sell to or share with any third party any: (a) individually identifiable health information of a Utah user; or (b) user input of a Utah user. (2) Subsection (1) does not apply to individually identifiable health information: (a) requested by a health care provider with the consent of the Utah user; (b) provided to a health plan of a Utah user upon request of the Utah user; or (c) shared in compliance with Subsection (3). (3) (a) A supplier may share individually identifiable health information necessary to ensure the effective functionality of the mental health chatbot with another party with which the supplier has a contract related to such functionality. (b) When sharing information under Subsection (3)(a), the supplier and the other entity shall comply with all applicable privacy and security provisions of 45 C.F.R. Part 160 and 45 C.F.R. Part 164, Subparts A and E, as if the supplier were a covered entity and the other entity were a business associate, as such terms are defined in 45 C.F.R. 160.103. Enacted by Chapter 269, 2025 General Session

Utah Code § 13-72a-202 Restrictions on advertising.

13-72a-202. Restrictions on advertising. (1) A supplier may not use a mental health chatbot to advertise a specific product or service to a Utah user in a conversation between the Utah user and the mental health chatbot unless the mental health chatbot: (a) clearly and conspicuously identifies the advertisement as an advertisement; and (b) clearly and conspicuously discloses to the Utah user any: (i) sponsorship; (ii) business affiliation; or (iii) agreement that the supplier has with a third party to promote, advertise, or recommend the product or service. (2) A supplier of a mental health chatbot may not use a Utah user's input to: (a) determine whether to display an advertisement for a product or service to the Utah user, unless the advertisement is for the mental health chatbot itself; (b) determine a product, service, or category of product or service, to advertise to the Utah user; or (c) customize how an advertisement is presented to the Utah user. (3) This section does not prohibit a mental health chatbot from recommending that a Utah user seek counseling, therapy, or other assistance from a licensed professional, including a specific licensed professional. Enacted by Chapter 269, 2025 General Session

Utah Code § 13-72a-203 Disclosure requirements.

13-72a-203. Disclosure requirements. (1) A supplier of a mental health chatbot shall cause the mental health chatbot to clearly and conspicuously disclose to a Utah user that the mental health chatbot is an artificial intelligence technology and not a human. (2) The disclosure described in Subsection (1) shall be made: (a) before the Utah user may access the features of the mental health chatbot; (b) at the beginning of any interaction with the Utah user if the Utah user has not accessed the mental health chatbot within the previous seven days; and (c) any time a Utah user asks or otherwise prompts the mental health chatbot about whether artificial intelligence is being used. Enacted by Chapter 269, 2025 General Session

Utah Code § 13-72a-204 Violations -- Enforcement authority.

13-72a-204. Violations -- Enforcement authority. (1) The division shall administer and enforce the provisions of this chapter in accordance with Chapter 2, Division of Consumer Protection. (2) In addition to the division's enforcement powers under Chapter 2, Division of Consumer Protection: (a) the division director may impose an administrative fine of up to $2,500 for each violation of this chapter; and (b) the division may bring an action in a court of competent jurisdiction to enforce a provision of this chapter. (3) In a court action by the division to enforce a provision of this chapter, the court may: (a) declare that an act or practice violates a provision of this chapter; (b) issue an injunction for a violation of this part; (c) order disgorgement of money received in violation of this chapter; (d) order payment of disgorged money to an injured purchaser or consumer; (e) impose a fine of up to $2,500 for each violation of this chapter; or (f) award other relief that the court determines reasonable and necessary. (4) If a court awards judgment or injunctive relief to the division, the court shall award the division: (a) reasonable attorney fees; (b) court costs; and (c) investigative fees. (5) A court may impose a civil penalty of no more than $5,000 for each violation of an administrative or court order issued for a violation of this chapter. (6) A court may impose a civil penalty authorized under this section in a civil action brought by the division. (7) The division shall deposit all fines and civil penalties collected under this section into the Consumer Protection Education and Training Fund created in Section 13-2-109. Amended by Chapter 95, 2026 General Session

Source: Utah Office of Legislative Research and General Counsel (le.utah.gov)URL: https://le.utah.gov/xcode/Title13/Chapter72A/13-72a-P2.html?v=C13-72a-P2_2025050720250507Fetched: 10/26/2026