Maryland HB 0952 (Consumer Protection, Companion Chatbots, Regulation 2026)

Summary

Defines "companion chatbot" as an AI system providing human-like responses and capable of sustaining user relationships, with certain exclusions such as bots for customer service or video games.

Requires operators to establish and maintain protocols to prevent chatbots from presenting self-harm or suicidal content to users, including notifying users of crisis services.

Obliges operators to prevent chatbots from presenting sexually explicit content to minors and to publish these protocols online.

Mandates operators display warnings that chatbots are AI and may not be suitable for some minors and suggest breaks after prolonged use.

Compels operators to report annually on protocols and notifications issued, excluding personal user data, starting in 2027.

Designates violations as unfair trade practices under Maryland law with associated penalties.

Sets the act to take effect on October 1, 2026.

Defines violations of specific provisions as unfair, abusive, or deceptive trade practices under Maryland law.

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, That the Laws of Maryland read as follows:

Article – Commercial Law

13–301.

Unfair, abusive, or deceptive trade practices include any:

(14) Violation of a provision of:

(xlvii) Title 14, Subtitle 50 of this article;

(xlviii) Section 13–411.1(c)(2) of the Transportation Article; or

(XLIX) SECTION 14–1330 OF THIS ARTICLE; OR

Defines "companion chatbot" as an AI providing adaptive, human-like interaction to meet social needs.

14–1330.

(A) (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS INDICATED.

(2) "ARTIFICIAL INTELLIGENCE" HAS THE MEANING STATED IN § 3.5–801 OF THE STATE FINANCE AND PROCUREMENT ARTICLE.

(3) (I) "COMPANION CHATBOT" MEANS AN ARTIFICIAL INTELLIGENCE SYSTEM WITH A NATURAL LANGUAGE INTERFACE THAT PROVIDES ADAPTIVE, HUMAN–LIKE RESPONSES TO USER INPUTS AND IS CAPABLE OF MEETING A USER'S SOCIAL NEEDS, INCLUDING BY EXHIBITING ANTHROPOMORPHIC FEATURES AND BEING ABLE TO SUSTAIN A RELATIONSHIP ACROSS MULTIPLE INTERACTIONS.

Defines exclusions for "companion chatbot" including bots for customer service, video games, and simple electronic devices.

(II) "COMPANION CHATBOT" DOES NOT INCLUDE:

1. A BOT THAT IS USED BY A BUSINESS ENTITY ONLY FOR CUSTOMER SERVICE, TECHNICAL ASSISTANCE, BUSINESS ANALYTICS, OR INTERNAL RESEARCH;

2. A BOT THAT:

A. IS A FEATURE OF A VIDEO GAME;

B. IS LIMITED TO REPLIES RELATED TO THE VIDEO GAME; AND

C. DOES NOT SHARE CONTENT RELATED TO MENTAL HEALTH, SELF–HARM, SUICIDAL IDEATION, SUICIDE, OR SEXUALLY EXPLICIT CONDUCT; OR

3. A CONSUMER ELECTRONIC DEVICE THAT:

A. FUNCTIONS AS A SPEAKER AND A VOICE COMMAND INTERFACE;

B. ACTS AS A VOICE–ACTIVATED VIRTUAL ASSISTANT;

C. DOES NOT SUSTAIN A RELATIONSHIP ACROSS MULTIPLE INTERACTIONS; AND

D. DOES NOT GENERATE OUTPUTS THAT ARE LIKELY TO ELICIT EMOTIONAL RESPONSES FROM THE USER.

Defines an operator as a person offering a companion chatbot to users in the state.

(4) "MINOR USER" MEANS A USER OF A COMPANION CHATBOT THAT AN OPERATOR KNOWS OR REASONABLY SHOULD KNOW IS A MINOR.

(5) "OFFICE" MEANS THE OFFICE OF SUICIDE PREVENTION IN THE MARYLAND DEPARTMENT OF HEALTH.

(6) "OPERATOR" MEANS A PERSON WHO MAKES A COMPANION CHATBOT AVAILABLE TO A USER IN THE STATE.

(7) "SEXUALLY EXPLICIT CONDUCT" HAS THE MEANING STATED IN 18 U.S.C. § 2256.

(8) "VIDEO GAME" MEANS A GAME PLAYED ON AN ELECTRONIC DEVICE THAT:

(I) UTILIZES A COMPUTER, A MICROPROCESSOR, OR SIMILAR ELECTRONIC CIRCUITRY AND A MONITOR, OR THAT IS DESIGNED TO BE PLAYED USING A TELEVISION OR A COMPUTER MONITOR; AND

(II) INTERACTS WITH THE INDIVIDUAL PLAYING THE GAME, INCLUDING THROUGH A CHATBOT.

Requires operators to prevent chatbots from producing content on self-harm and notify users of crisis services.

(B) (1) AN OPERATOR SHALL ESTABLISH AND MAINTAIN A PROTOCOL FOR PREVENTING A COMPANION CHATBOT FROM PRODUCING OR PRESENTING CONTENT CONCERNING SELF–HARM, SUICIDAL IDEATION, OR SUICIDE TO A USER WHO EXPRESSES THOUGHTS OF SELF–HARM OR SUICIDAL IDEATION TO THE COMPANION CHATBOT.

(2) THE PROTOCOL REQUIRED UNDER PARAGRAPH (1) OF THIS SUBSECTION SHALL INCLUDE A NOTIFICATION TO A USER WHO EXPRESSES THOUGHTS OF SELF–HARM OR SUICIDAL IDEATION THAT REFERS THE USER TO A CRISIS SERVICE PROVIDER, INCLUDING:

(I) THE MARYLAND BEHAVIORAL HEALTH CRISIS RESPONSE SYSTEM; AND

(II) THE NATIONAL 9–8–8 SUICIDE AND CRISIS LIFELINE.

(3) AN OPERATOR SHALL USE EVIDENCE–BASED METHODS FOR DETECTING WHEN A USER IS EXPRESSING THOUGHTS OF SELF–HARM OR SUICIDAL IDEATION TO A COMPANION CHATBOT.

(4) AN OPERATOR SHALL PUBLISH THE PROTOCOL REQUIRED UNDER PARAGRAPH (1) OF THIS SUBSECTION ON THE OPERATOR'S WEBSITE.

Requires operators to establish and publish protocols preventing chatbots from exposing minors to sexually explicit content.

(C) (1) AN OPERATOR SHALL ESTABLISH AND MAINTAIN A PROTOCOL FOR PREVENTING A COMPANION CHATBOT FROM PRODUCING OR PRESENTING TO A MINOR USER CONTENT CONCERNING SEXUALLY EXPLICIT CONDUCT, INCLUDING:

(I) VISUAL DEPICTIONS OF SEXUALLY EXPLICIT CONDUCT; AND

(II) CONTENT SUGGESTING THAT THE MINOR USER SHOULD ENGAGE IN SEXUALLY EXPLICIT CONDUCT.

(2) AN OPERATOR SHALL PUBLISH THE PROTOCOL REQUIRED UNDER PARAGRAPH (1) OF THIS SUBSECTION ON THE OPERATOR'S WEBSITE.

Requires operators to display warnings about chatbots being artificial, including periodic breaks for minors.

(D) AN OPERATOR SHALL DISPLAY A CLEAR AND CONSPICUOUS WARNING TO A USER STATING THAT COMPANION CHATBOTS:

(1) ARE ARTIFICIALLY GENERATED AND NOT HUMAN; AND

(2) MAY NOT BE SUITABLE FOR SOME MINORS.

(E) AN OPERATOR SHALL DISPLAY TO A MINOR USER A CLEAR AND CONSPICUOUS WARNING AFTER 3 HOURS OF CONSECUTIVE USE, AND EVERY 3 HOURS THEREAFTER:

(1) STATING THAT COMPANION CHATBOTS ARE ARTIFICIALLY GENERATED AND NOT HUMAN; AND

(2) RECOMMENDING THAT THE USER TAKE A BREAK FROM USING THE COMPANION CHATBOT.

Requires operators to report protocol information annually; prohibits personal data; mandates office publishes compiled data.

(F) (1) ON OR BEFORE MARCH 1 EACH YEAR, BEGINNING IN 2027, AN OPERATOR SHALL REPORT TO THE OFFICE:

(I) INFORMATION ON THE PROTOCOLS REQUIRED UNDER SUBSECTIONS (B) AND (C) OF THIS SECTION;

(II) THE NUMBER OF TIMES THE OPERATOR HAS ISSUED A NOTIFICATION UNDER SUBSECTION (B)(2) OF THIS SECTION; AND

(III) DETAILS ABOUT THE METHODS USED UNDER SUBSECTION (B)(3) OF THIS SECTION.

(2) THE REPORT REQUIRED UNDER PARAGRAPH (1) OF THIS SUBSECTION MAY NOT CONTAIN ANY PERSONAL IDENTIFYING INFORMATION ABOUT A USER.

(3) ON OR BEFORE JULY 1 EACH YEAR, BEGINNING IN 2027, THE OFFICE SHALL:

(I) COMPILE DATA FROM THE REPORTS SUBMITTED UNDER PARAGRAPH (1) OF THIS SUBSECTION FOR THE IMMEDIATELY PRECEDING CALENDAR YEAR; AND

(II) PUBLISH THE DATA ON THE OFFICE'S WEBSITE.

Classifies violations as unfair trade practices, subject to enforcement and penalties under Title 13.

(G) A VIOLATION OF THIS SECTION IS:

(1) AN UNFAIR, ABUSIVE, OR DECEPTIVE TRADE PRACTICE WITHIN THE MEANING OF TITLE 13 OF THIS ARTICLE; AND

(2) SUBJECT TO THE ENFORCEMENT AND PENALTY PROVISIONS CONTAINED IN TITLE 13 OF THIS ARTICLE, EXCEPT § 13–411 OF THIS ARTICLE.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect October 1, 2026.