US state AI chatbot laws: what health and wellness apps must do
California SB 243, New York's companion law, Washington HB 2225, Oregon, Tennessee and more: disclosure, crisis protocols, minors and who can sue.
- US
Key takeaways
- New York's companion chatbot law has applied since 5 November 2025 and requires crisis protocols and regular AI disclosure.
- California SB 243 took effect on 1 January 2026 and covers disclosure, crisis protocols and protections for minors.
- Washington HB 2225, signed on 24 March 2026, takes effect on 1 January 2027 and lets users sue under the state's Consumer Protection Act.
- Tennessee bars AI from presenting itself as a licensed mental-health professional from 1 July 2026.
- Wellness apps with a conversational assistant can fall inside 'companion chatbot' definitions. Check each definition with counsel.
Which US states regulate AI chatbots?
A growing group of states passed chatbot laws in 2025 and 2026. The most cited are New York, California, Washington, Oregon and Tennessee, with others such as Nebraska, Idaho and Maine adding disclosure or minor-protection rules. Coverage and remedies differ, so a national product needs to meet the strictest common requirements.
What do the main laws require?
| State | Law | In force | Main duties | Enforcement |
|---|---|---|---|---|
| New York | General Business Law, Article 47 | 5 Nov 2025 | Detect and respond to suicidal ideation; regular AI disclosure | Attorney General |
| California | SB 243 | 1 Jan 2026 | Disclosure, crisis protocols, protections for minors; annual reporting from 1 Jul 2027 | Includes a private right of action |
| Tennessee | Licensed-professional claims | 1 Jul 2026 | AI may not present itself as a licensed mental-health professional | State |
| Washington | HB 2225 | 1 Jan 2027 | Disclosure, self-harm protocols, extra duties for minors, annual reporting | Attorney General and private lawsuits |
| Oregon | SB 1546 | 1 Jan 2027 | Crisis referrals and disclosure | See statute |
| Nebraska | LB 525, Conversational AI Safety Act | Signed 14 Apr 2026 | Conversational AI safety duties | See statute |
What counts as a “companion chatbot”?
Definitions vary, but they usually describe AI that holds ongoing, human-like conversations and can meet a user’s social or emotional needs. Customer-service bots are often excluded. Mental wellness, women’s health and coaching assistants can sit close to the line, because users share personal and emotional content with them over time.
What does a compliant crisis protocol look like?
It detects explicit and indirect signs of suicide or self-harm, responds with care rather than a refusal, gives a working helpline (988 in the US) in the first reply, and avoids clinical advice. It should be tested many times per scenario, because model answers vary, and logged so you can show it works.
How should teams prepare for 1 January 2027?
Inventory which features meet each state’s definition, add disclosure at the start of every conversation, implement and test crisis and minor protocols, prepare annual reporting where required, and keep dated test reports. Re-run the tests after every model or prompt change.
Frequently asked questions
Do chatbot laws apply to wellness apps or only to companion apps?
It depends on each law's definition. Several cover any AI that sustains a relationship-like conversation with a user, which can include coaching, mental wellness and women's health assistants. Map your product's features against each definition with your lawyer.
What is the minimum every US-facing health chatbot should do now?
Disclose that the user is talking to an AI at the start and when asked, detect suicide and self-harm signals and refer to 988, never claim to be a licensed professional, and apply stricter behaviour when the user may be a minor. Keep test evidence that it works.
Can users sue a chatbot company?
Under some laws, yes. Washington's law is enforceable through its Consumer Protection Act, which allows private lawsuits for actual damages and legal fees. California's SB 243 also includes a private right of action.
Sources
- 2026 state chatbot laws: key provisions and regulatory trendsOrrick · 2026-04
- Oregon and Washington join California in enacting companion chatbot lawsMayer Brown · 2026-04
- SB 243: Companion chatbotsCalMatters Digital Democracy
- Washington legislature passes consumer-facing interactive AI bill with private right of actionTroutman Pepper Locke · 2026-03
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