Pennsylvania HB 2100: An Act providing for the use of mental health chatbots and artificial intelligence by mental health therapists; imposing duties on the Bureau of Professional and Occupational Affairs; and imposing a penalty.

Bill Text

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
Providing for the use of mental health chatbots and artificial
intelligence by mental health therapists; imposing duties on
the Bureau of Professional and Occupational Affairs; and
imposing a penalty.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Protecting
Patients Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Administrative support." Tasks performed to assist a
mental health therapist in the delivery of therapy or
psychotherapy services that do not involve confidential
communications. The term includes:
(1) Managing appointment scheduling and reminders.
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(2) Processing billing and insurance claims.
"Artificial intelligence." A machine-based system that makes
predictions, recommendations or decisions influencing real or
virtual environments.
"Artificial intelligence technology." A computer system,
application or other product that uses or incorporates one or
more forms of artificial intelligence.
"Confidential communications." Information obtained by an
individual licensed under the act of March 23, 1972 (P.L.136,
No.52), known as the Professional Psychologists Practice Act,
including information obtained by the individual's examination
of the client or patient, which is:
(1) the following:
(i) transmitted between the client or patient and an
individual in the course of their professional
relationship; or
(ii) transmitted among the client or patient, an
individual and individuals who are participating in the
diagnosis or treatment under the direction of an
individual, including members of the client's or
patient's family; and
(2) made in confidence, for the diagnosis or treatment
of the client or patient by the individual and by a means not
intended to be disclosed to third persons other than those
individuals:
(i) present to further the interest of the client or
patient in the consultation, examination or interview;
(ii) reasonably necessary for the transmission of
the communications; or
(iii) participating in the diagnosis and treatment
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of the client or patient under the direction of the
mental health therapist.
"Generative artificial intelligence." An artificial
intelligence technology that:
(1) is trained on data;
(2) is designed to simulate human conversation with a
consumer through one or more of the following:
(i) text;
(ii) audio; or
(iii) visual communication; and
(3) generates nonscripted outputs similar to outputs
created by a human with limited or no human oversight.
"Health care provider." As defined in 45 CFR 160.103
(relating to definitions).
"Health plan." As defined in 45 CFR 160.103.
"Individually identifiable health information." Information,
whether oral or recorded in any form or medium, that relates to
the physical or mental health or condition of an individual.
"Mental health chatbot."
(1) An artificial intelligence technology that:
(i) uses generative artificial intelligence to
engage in interactive conversations with a user similar
to the confidential communications that an individual
would have with a mental health therapist; and
(ii) a supplier represents, or a reasonable person
would believe, can or will provide mental health therapy
or help a user manage or treat mental health conditions.
(2) The term does not include artificial intelligence
technology that only:
(i) provides scripted output, such as guided
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meditations or mindfulness exercises; or
(ii) analyzes an individual's input for the purpose
of connecting the individual with a mental health
therapist.
"Mental health therapist." An individual who is engaging in
the practice of psychology as defined in the Professional
Psychologists Practice Act.
"Pennsylvania user." An individual located in this
Commonwealth at the time the individual accesses or uses a
mental health chatbot.
"Supplier." A seller, lessor, assignor, offeror, broker or
other person that regularly solicits, engages in or enforces
consumer transactions, whether or not the person deals directly
with consumers.
"Therapy." The treatment of mental conditions by verbal or
written communication and interaction.
"User input." Content provided to a mental health chatbot by
a Pennsylvania user.
Section 3. Protection of personal information.
(a) Prohibition.--A supplier of a mental health chatbot may
not sell to or share wi