Minnesota HF 4452 (Chatbot Prohibitions, Liability 2026)

Summary

Defines "chatbot" and "companion chatbot" and regulates their usage.

Prohibits proprietors of chatbots from allowing chatbots to provide any services requiring a professional license, such as legal or mental health advice, and holds them liable for violations, irrespective of user notification.

Requires proprietors to provide clear notice to users in Minnesota that they are interacting with an AI system.

Mandates proprietors of companion chatbots to actively prevent self-harm by users and to suspend service for 72 hours if self-harm is detected, providing information for suicide crisis organizations.

Holds proprietors liable if their companion chatbots cause or promote self-harm, especially if they fail to act upon knowledge of such risks.

Obligates proprietors to identify and protect minor users and address system vulnerabilities to prevent harm to minors, with strict liability for non-compliance.

Enacts these provisions effective August 1, 2026.

Defines "artificial intelligence system" as machine-based systems generating outputs influencing physical or virtual environments.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1. [604.115] CHATBOT PROHIBITIONS; LIABILITY.

Subdivision 1. Definitions. (a) For purposes of this section, the following terms have the meanings given.

(b) "Artificial intelligence system" or "AI system" means any machine-based system that, for any explicit or implicit object, infers from the inputs the system receives how to generate outputs including content, decisions, predictions, or recommendations that influence a physical or virtual environment. Artificial intelligence does not include any software used primarily for basic computerized processes, such as antimalware or antivirus software, autocorrect functions, calculators, databases, data storage, electronic communications, firewall systems, Internet domain registration, Internet website loading, networking, spam and robocall filtering, spellcheck tools, spreadsheets, web caching, web hosting, or any tool that relates only to internal management affairs such as ordering office supplies or processing payments.

Defines "chatbot" and "companion chatbot," emphasizing simulating human-like interactions and interpersonal relationships.

(c) "Chatbot" means an artificial intelligence system, software program, or technological application that simulates human-like conversation and interaction through text messages, voice commands, or a combination thereof to provide information and services to users.

(d) "Companion chatbot" means a chatbot that is designed to provide human-like interaction that simulates an interpersonal relationship with a user or group of users as its primary function, including using previous user interactions to help simulate an interpersonal relationship in future user interactions. An interpersonal relationship simulates a relationship between a human user and a chatbot similar to a romantic, platonic, familial, adversarial, professional, official, therapeutic, or stranger relationship and can include fictional or nonfictional characters.

Defines "human-like" as communication mimicking human behavior, and "proprietor" as entities controlling chatbot systems.

(e) "Human-like" means any form of communication or interaction that approximates human behavior, including nonhuman behavior that could be attributed to a human actor, such as a human actor role-playing as a fictional nonhuman character, an animal, or other interactive entity.

(f) "Proprietor" means any person, business, company, organization, institution, or government entity that owns, operates, or deploys a chatbot system used to interact with users. Proprietor does not include a third-party developer that licenses the developer's chatbot technology to a proprietor and does not maintain direct control of the chatbot system.

(g) "User" means a human user of a chatbot who is located in Minnesota when they are using the chatbot.

Prohibits chatbot proprietors from offering licensed mental health, medical, or legal advice without appropriate licensing.

Subd. 2. Prohibited actions by a chatbot; liability. (a) A proprietor of a chatbot must not permit the chatbot to provide any substantive response, information, or advice or take any action that, if taken by a natural person, would require a license under either:

(1) chapter 147 or 148E, or similar statutes, requiring a professional license for mental health or medical care; or

(2) section 481.02 and related laws and professional regulations, requiring a professional license to provide legal advice.

(b) A proprietor may not waive or disclaim this liability merely by notifying users, as required under this section, that the user is interacting with a nonhuman chatbot system. A person may bring a civil action to recover general and special damages for violations of this section. If it is found that a proprietor has willfully violated this section, the violator is liable for those damages together with court costs and reasonable attorney fees and disbursements incurred by the person bringing the action.

Requires proprietors to notify users when interacting with AI chatbots in this state.

Subd. 3. Notice required. Proprietors utilizing chatbots accessed by a user who is in this state must provide clear, conspicuous, and explicit notice to a user that the user is interacting with an artificial intelligence chatbot program. The text of the notice must appear in the same language the chatbot is using and in a size easily readable by the average viewer.

Requires chatbot proprietors to detect self-harm and suspend chatbot use if detected, for at least 72 hours.

Subd. 4. Companion chatbot; warning required; users who are minors. (a) A proprietor of a companion chatbot must make a prudent and good faith effort consistent with industry standards and use existing technology, available resources, and known, established, or readily attainable techniques to prevent the companion chatbot from promoting, causing, or aiding self-harm, and determine whether a covered user is expressing thoughts of self-harm. Upon determining that a companion chatbot has promoted, caused, or aided self-harm, or that a covered user is expressing thoughts of self-harm, the proprietor must prohibit continued use of the companion chatbot for a period of at least 72 hours and prominently display contact information for a suicide crisis organization to the covered user.

Holds companion chatbot proprietors liable for user self-harm if they fail to prevent chatbot-related risks.

(b) If a proprietor of a companion chatbot fails to comply with this section, the proprietor is liable to users who inflict self-harm, in whole or in part, as a result of the proprietor's companion chatbot promoting, causing, or aiding the user to inflict self-harm. Irrespective of the proprietor's compliance with this subdivision, a proprietor is liable for general and special damages to covered users who inflict self-harm, in whole or in part, when the proprietor:

(1) has actual knowledge that:

(i) the companion chatbot is promoting, causing, or aiding self-harm; or

(ii) a covered user is expressing thoughts of self-harm;

(2) fails to prohibit continued use of the companion chatbot for a period of at least 72 hours; and

(3) fails to prominently display to the user a means to contact a suicide crisis organization.

A proprietor of a companion chatbot may not waive or disclaim liability under this subdivision.

Requires chatbot proprietors to determine user age and discover system vulnerabilities to protect minors.

(c) A proprietor of a companion chatbot must make a prudent and good faith effort consistent with industry standards and use existing technology, available resources, and known, established, or readily attainable techniques to determine whether a user is a minor. A proprietor is strictly liable for any harm caused if the proprietor fails to comply with this subdivision and a minor user inflicts self-harm, in whole or in part, as a result of the proprietor's companion chatbot. A proprietor of a companion chatbot may not waive or disclaim liability under this subdivision. The proprietor of a companion chatbot must make a prudent and good faith effort consistent with industry standards and use existing technology, available resources, and known, established, or readily attainable techniques to discover vulnerabilities in the proprietor's system, including any methods used to determine whether a covered user is a minor.

EFFECTIVE DATE. This section is effective August 1, 2026, and applies to actions taken by a proprietor on or after that date.