Evidence & sources
Obligations- blocking data_use: A supplier of a mental health chatbot may not sell to or share with any third party a Utah user's individually identifiable health information or user input, subject to limited exceptions.
"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" (13-72a-201(1)). - material advertising: A supplier may not use the chatbot to advertise a product or service without clearly disclosing the advertisement, sponsorship, or affiliation, and may not use user input to target or customize advertising.
"A supplier may not use a mental health chatbot to advertise a specific product or service to a Utah user ... unless the mental health chatbot: (a) clearly and conspicuously identifies the advertisement as an advertisement" (13-72a-202(1)). - blocking disclosure: A supplier must cause the chatbot to disclose that it is AI and not human before the user can access it, at the start of any interaction after 7 idle days, and whenever asked.
"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," made "before the Utah user may access the features," after 7 days' non-use, and "any time a Utah user asks" (13-72a-203). - advisory audit_reporting: A supplier may claim an affirmative defense to liability by filing with the Division a written policy documenting clinical involvement, testing, crisis-response protocols, and HIPAA-equivalent privacy compliance.
Affirmative defense requires a filed policy that, among other things, "ensures that licensed mental health therapists are involved in the development and review process" and "implements protocols to respond in real time to acute risk of physical harm" (58-60-118(3)).
Scope- applies_if_minor_accessible = true
"'Utah user' means an individual located in the state at the time the individual accesses or uses a mental health chatbot" (13-72a-101(15)); no age restriction or minors exclusion appears anywhere in the chapter. - applies_to_operator = supplier
"Supplier" means the same as defined in Section 13-11-3 (13-72a-101(14)). - covered_service = mental_health_chatbot
"Mental health chatbot" is AI technology that "uses generative artificial intelligence to engage in interactive conversations ... similar to the confidential communications that an individual would have with a licensed mental health therapist" and that a supplier represents can provide mental health therapy (13-72a-101(10)(a)). - exempts = scripted_meditation_tools; pure_referral_tools
"Mental health chatbot" does not include technology that only "provides scripted output, such as guided meditations" or "analyzes an individual's input for the purpose of connecting the individual with a human mental health therapist" (13-72a-101(10)(b)).
Archived copy: raw/primary/de8de06ce9997ecb7d200bcf3f618a12de2d1cef3814b2586f4a2d7cf56f27bd
Verified by hand-2026-09 on 2026-09-08T00:00:00Z
Live primary source: https://le.utah.gov/Session/2025/bills/enrolled/HB0452.pdf
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