HOUSE BILL NO. 2318 103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE MANSUR.
5994H.01I JOSEPH ENGLER, Chief Clerk
AN ACT To amend chapter 407, RSMo, by adding thereto one new section relating to artificial intelligence in mental health, with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 407, RSMo, is amended by adding thereto one new section, to be 2 known as section 407.3007, to read as follows: 407.3007. 1. As used in this section, the following terms mean: 2 (1) "Artificial intelligence" or "AI": 3 (a) Any artificial system that performs tasks under varying and unpredictable 4 circumstances without significant human oversight or that can learn from experience 5 and improve performance when exposed to data sets; 6 (b) An artificial system developed in computer software, physical hardware, or 7 other computer systems that solves tasks requiring human-like perception, cognition, 8 planning, learning, communication, or physical action; 9 (c) An artificial system designed to think or act like a human, including cognitive 10 architectures and neural networks; 11 (d) A set of techniques, including machine learning, that is designed to 12 approximate a cognitive task; or 13 (e) An artificial system designed to act rationally, including an intelligent 14 software agent or embodied robot that achieves goals using perception, planning, 15 reasoning, learning, communicating, decision-making, and acting; 16 (2) "Mental health professional", the same as defined in section 632.005.
EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language. HB 2318 2
17 2. Any person or entity that develops or deploys artificial intelligence in the state 18 shall not advertise or represent to the public that the AI is or is able to act as a mental 19 health professional or is capable of providing therapy services. 20 3. Any violation of this section shall be considered an unlawful practice under 21 the Missouri merchandising practices act under this chapter. 22 4. The attorney general shall enforce the provisions of this section. Any 23 individual may report violations of this section to the attorney general. If the attorney 24 general finds that a violation occurred, the attorney general shall commence a civil 25 action in a court of competent jurisdiction. If the court finds that a violation occurred, 26 the court may grant damages, civil penalties, injunctive relief, attorney's fees, and any 27 such other relief the court finds appropriate. Notwithstanding section 407.100 to the 28 contrary, civil penalties shall be as follows: 29 (1) Ten thousand dollars for the first violation; or 30 (2) Twenty thousand dollars for any subsequent violation. ✔
Statutes affected: