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.

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
15          individual in the course of their professional
16          relationship; or
17                (ii)    transmitted among the client or patient, an
18          individual and individuals who are participating in the
19          diagnosis or treatment under the direction of an
20          individual, including members of the client's or
21          patient'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
27          patient in the consultation, examination or interview;
28                (ii)    reasonably necessary for the transmission of
29          the communications; or
30                (iii)    participating in the diagnosis and treatment

20250HB2100PN2700                     - 2 -
 1          of the client or patient under the direction of the
 2          mental 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
22          engage in interactive conversations with a user similar
23          to the confidential communications that an individual
24          would have with a mental health therapist; and
25                (ii)    a supplier represents, or a reasonable person
26          would believe, can or will provide mental health therapy
27          or 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

20250HB2100PN2700                      - 3 -
 1            meditations or mindfulness exercises; or
 2                  (ii)    analyzes an individual's input for the purpose
 3            of connecting the individual with a mental health
 4            therapist.
 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

20250HB2100PN2700                       - 4 -
 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
23            advertisement as an advertisement.
24                  (ii)    Clearly and conspicuously discloses to the
25            Pennsylvania user any:
26                         (A)   sponsorship;
27                         (B)   business affiliation; or
28                         (C)   agreement that the supplier has with a third
29                  party to promote, advertise or recommend the product
30                  or service.

20250HB2100PN2700                         - 5 -
 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
 4            for a product or service to the Pennsylvania user, unless
 5            the advertisement is for the mental health chatbot
 6            itself;
 7                  (ii)    determine a product, service or category of
 8            product or service, to advertise to the Pennsylvania
 9            user; or
10                  (iii)    customize how an advertisement is presented to
11            the 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

20250HB2100PN2700                       - 6 -
 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.

20250HB2100PN2700                    - 7 -
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.




20250HB2100PN2700                   - 8 -