HB 2100

                                               PRINTER'S NO.    2700
                THE GENERAL ASSEMBLY OF PENNSYLVANIA
                    HOUSE BILL
                    No. 2100
                                         Session of
                                           2025
INTRODUCED BY BIZZARRO, O'MARA, FREEMAN, RIVERA, VENKAT AND
   HANBIDGE, DECEMBER 12, 2025
REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE,
   DECEMBER 12, 2025
                               AN ACT
1 Providing for the use of mental health chatbots and artificial
2    intelligence by mental health therapists; imposing duties on
3    the Bureau of Professional and Occupational Affairs; and
4    imposing a penalty.
5    The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1.   Short title.
8    This act shall be known and may be cited as the Protecting
9 Patients Act.
10 Section 2.   Definitions.
11    The following words and phrases when used in this act shall
12 have the meanings given to them in this section unless the
13 context clearly indicates otherwise:
14    "Administrative support."   Tasks performed to assist a
15 mental health therapist in the delivery of therapy or
16 psychotherapy services that do not involve confidential
17 communications. The term includes:
18(1)   Managing appointment scheduling and reminders.
1(2)   Processing billing and insurance claims.
2    "Artificial intelligence."     A machine-based system that makes
3 predictions, recommendations or decisions influencing real or
4 virtual environments.
5    "Artificial intelligence technology."       A computer system,
6 application or other product that uses or incorporates one or
7 more forms of artificial intelligence.
8    "Confidential communications."        Information obtained by an
9 individual licensed under the act of March 23, 1972 (P.L.136,
10 No.52), known as the Professional Psychologists Practice Act,
11 including information obtained by the individual's examination
12 of the client or patient, which is:
13(1)   the following:
14(i)    transmitted between the client or patient and an
15individual in the course of their professional
16relationship; or
17(ii)    transmitted among the client or patient, an
18individual and individuals who are participating in the
19diagnosis or treatment under the direction of an
20individual, including members of the client's or
21patient's family; and
22(2)   made in confidence, for the diagnosis or treatment
23    of the client or patient by the individual and by a means not
24    intended to be disclosed to third persons other than those
25    individuals:
26(i)    present to further the interest of the client or
27patient in the consultation, examination or interview;
28(ii)    reasonably necessary for the transmission of
29the communications; or
30(iii)    participating in the diagnosis and treatment
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1of the client or patient under the direction of the
2mental health therapist.
3    "Generative artificial intelligence."       An artificial
4 intelligence technology that:
5(1)   is trained on data;
6(2)   is designed to simulate human conversation with a
7    consumer through one or more of the following:
8(i)    text;
9(ii)    audio; or
10(iii)    visual communication; and
11(3)   generates nonscripted outputs similar to outputs
12    created by a human with limited or no human oversight.
13    "Health care provider."       As defined in 45 CFR 160.103
14 (relating to definitions).
15    "Health plan."     As defined in 45 CFR 160.103.
16    "Individually identifiable health information."       Information,
17 whether oral or recorded in any form or medium, that relates to
18 the physical or mental health or condition of an individual.
19    "Mental health chatbot."
20(1)   An artificial intelligence technology that:
21(i)    uses generative artificial intelligence to
22engage in interactive conversations with a user similar
23to the confidential communications that an individual
24would have with a mental health therapist; and
25(ii)    a supplier represents, or a reasonable person
26would believe, can or will provide mental health therapy
27or help a user manage or treat mental health conditions.
28(2)   The term does not include artificial intelligence
29    technology that only:
30(i)    provides scripted output, such as guided
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1meditations or mindfulness exercises; or
2(ii)    analyzes an individual's input for the purpose
3of connecting the individual with a mental health
4therapist.
5    "Mental health therapist."       An individual who is engaging in
6 the practice of psychology as defined in the Professional
7 Psychologists Practice Act.
8    "Pennsylvania user."       An individual located in this
9 Commonwealth at the time the individual accesses or uses a
10 mental health chatbot.
11    "Supplier."        A seller, lessor, assignor, offeror, broker or
12 other person that regularly solicits, engages in or enforces
13 consumer transactions, whether or not the person deals directly
14 with consumers.
15    "Therapy."     The treatment of mental conditions by verbal or
16 written communication and interaction.
17    "User input."       Content provided to a mental health chatbot by
18 a Pennsylvania user.
19 Section 3.     Protection of personal information.
20    (a)   Prohibition.--A supplier of a mental health chatbot may
21 not sell to or share with a third party:
22(1)   individually identifiable health information of a
23    Pennsylvania user; or
24(2)   user input of a Pennsylvania user.
25    (b)   Applicability.--Subsection (a) does not apply to
26 individually identifiable health information:
27(1)   requested by a health care provider with the consent
28    of the Pennsylvania user;
29(2)   provided to a health plan of a Pennsylvania user
30    upon request of the Pennsylvania user; or
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1(3)   shared in compliance with subsection (c).
2    (c)   Exception.--A supplier of a mental health chatbot may
3 share individually identifiable health information necessary to
4 ensure the effective functionality of the mental health chatbot
5 with another party with which the supplier has a contract
6 related to that functionality. When sharing information under
7 this subsection, the supplier and the other entity shall comply
8 with all applicable privacy and security provisions of 45 CFR
9 Pts. 160 (relating to general administrative requirements) and
10 164 Subpts. A (relating to general provisions) and E (relating
11 to privacy of individually identifiable health information), as
12 if the supplier were a covered entity and the other entity were
13 a business associate, as those terms are defined in 45 CFR
14 160.103 (relating to definitions).
15 Section 4.     Advertising.
16    (a)   Prohibitions.--
17(1)   A supplier of a mental health chatbot may not use a
18    mental health chatbot to advertise a specific product or
19    service to a Pennsylvania user in a conversation between the
20    Pennsylvania user and the mental health chatbot unless the
21    mental health chatbot:
22(i)    Clearly and conspicuously identifies the
23advertisement as an advertisement.
24(ii)    Clearly and conspicuously discloses to the
25Pennsylvania user any:
26(A)   sponsorship;
27(B)   business affiliation; or
28(C)   agreement that the supplier has with a third
29party to promote, advertise or recommend the product
30or service.
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1(2)   A supplier of a mental health chatbot may not use a
2    Pennsylvania user's input to:
3(i)    determine whether to display an advertisement
4for a product or service to the Pennsylvania user, unless
5the advertisement is for the mental health chatbot
6itself;
7(ii)    determine a product, service or category of
8product or service, to advertise to the Pennsylvania
9user; or
10(iii)    customize how an advertisement is presented to
11the Pennsylvania user.
12    (b)     Construction.--This section does not prohibit a mental
13 health chatbot from recommending that a Pennsylvania user seek
14 counseling, therapy or other assistance from a mental health
15 therapist, including a specific mental health therapist.
16 Section 5.     Disclosures.
17    (a)     Artificial intelligence.--A supplier of a mental health
18 chatbot shall cause a mental health chatbot to clearly and
19 conspicuously disclose to a Pennsylvania user that the mental
20 health chatbot is an artificial intelligence technology and not
21 a human.
22    (b)     Process.--The disclosure under subsection (a) shall be
23 made:
24(1)   Before the Pennsylvania user may access the features
25    of the mental health chatbot.
26(2)   At the beginning of any interaction with the
27    Pennsylvania user if the Pennsylvania user has not accessed
28    the mental health chatbot within the previous seven days.
29(3)   Any time a Pennsylvania user asks or otherwise
30    prompts the mental health chatbot about whether artificial
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1    intelligence is being used.
2 Section 6.     Prohibition on unauthorized therapy services.
3    (a)   Requirements.--An individual, corporation, supplier or
4 entity may not provide, advertise or otherwise offer therapy
5 services, including through the use of Internet-based artificial
6 intelligence, to the public in this Commonwealth unless the
7 therapy or psychotherapy services are conducted by an individual
8 who is a mental health therapist.
9    (b)   Use of artificial intelligence.--A mental health
10 therapist may only use artificial intelligence for
11 administrative support. A mental health therapist may not allow
12 artificial intelligence to do any of the following:
13(1)   make independent therapeutic decisions;
14(2)   directly interact with clients in any form of
15    therapeutic communication;
16(3)   generate therapeutic recommendations or treatment
17    plans without review and approval by the mental health
18    therapist; or
19(4)   detect emotions or mental states.
20 Section 7.     Disclosure of records and communications.
21    All records kept by a mental health therapist and all
22 communications between a patient and a mental health therapist
23 shall be confidential and shall not be disclosed except as
24 required under the act of July 9, 1976 (P.L.817, No.143), known
25 as the Mental Health Procedures Act.
26 Section 8.     Enforcement and penalties.
27    A violation of this act shall be subject to section 11 of the
28 act of March 23, 1972 (P.L.136, No.52), known as the
29 Professional Psychologists Practice Act.
30 Section 9.     Applicability.
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1    This act shall apply to the extent to which the use of
2 artificial intelligence is not preempted by Federal law.
3 Section 10.   Effective date.
4    This act shall take effect in 60 days.
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