AI Frontier Institute

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.

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Pennsylvania House Bill 2100 (the "Protecting Patients Act") was introduced December 12, 2025 and referred to the House Professional Licensure Committee. It has not been enacted. If enacted, it would regulate AI mental health chatbots and limit how licensed psychologists ("mental health therapists") can use AI. Section 3 would bar chatbot suppliers from selling or sharing a Pennsylvania user's individually identifiable health information or user input with third parties. Exceptions cover information requested by a health care provider with the user's consent, information given to the user's health plan at the user's request, and sharing needed for the chatbot to work under a contract. Contract sharing would have to meet HIPAA-style privacy and security rules (45 CFR Pts. 160 and 164 Subpts. A and E). Section 4 would require advertisements inside chatbot conversations to be clearly labeled, with any sponsorship, affiliation or promotion agreement disclosed. It would also bar using a user's input to decide whether to show ads (except ads for the chatbot itself), to choose what to advertise, or to customize how an ad is presented. Chatbots could still recommend that users seek a human therapist. Section 5 would require clear disclosure that the chatbot is AI and not a human. The disclosure would come before the user accesses features, at the start of an interaction after seven days of non-use, and whenever the user asks whether AI is being used. Section 6 would prohibit anyone from providing, advertising or offering therapy services to the public in Pennsylvania, including through Internet-based AI, unless the services are conducted by a mental health therapist. Therapists could use AI only for administrative support, such as scheduling and billing. They could not let AI make independent therapeutic decisions, interact directly with clients in therapeutic communication, generate recommendations or treatment plans without therapist review and approval, or detect emotions or mental states. Section 7 would make therapist records and patient communications confidential, with disclosure only as the Mental Health Procedures Act requires. Section 8 would subject violations to section 11 of the Professional Psychologists Practice Act. Section 9 would apply the act only to the extent federal law does not preempt AI use. Section 10 would set the effective date at 60 days after enactment.

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