Requirements of tier II companion AI chatbots

A covered entity that makes available a tier II companion AI chatbot shall comply with the following requirements: (1) Disclosure and use limits A covered entity shall require a tier II companion AI chatbot to provide— (A) a disclosure not less frequently than every 60 minutes during a continuing interaction between such chatbot and a minor user that the chatbot is not a human or licensed professional in any field; and (B) a nudge-out notification not less frequently than every 90 minutes during any such interaction. (2) Crisis escalation protocols A covered entity that makes available a tier II companion AI chatbot shall— (A) maintain, publish on a publicly available website in clear, accessible language, and require such companion AI chatbot to follow, evidence-based protocols designed to— (i) detect expressions of suicidal ideation or self-harm; and (ii) refer minor users to— (I) the 988 Suicide & Crisis Lifeline; and (II) other appropriate crisis service providers; and (B) prohibit such companion AI chatbot from providing crisis counseling or de-escalation services to any minor user. (3) Parental notification If a minor user expresses suicidal ideation while engaging with a tier II companion AI chatbot, the covered entity shall notify the parent or guardian of such minor user without unreasonable delay. (4) Prohibition on persistent memory (A) In general Subject to subparagraph (B), a covered entity shall prohibit a tier II companion AI chatbot from maintaining any memory or history of any previous interaction with a minor user. (B) Exception A tier II companion AI chatbot may maintain such information as is necessary to ensure compliance with this Act.