This regulation imposes 7 specific requirements for Transparency & Disclosure across 2 provisions:
Disclose artificiality to minor account holders — Clearly and conspicuously disclose to each minor account holder that they are interacting with artificial intelligence (sec. 14(1))
Persistent-disclaimer route — The disclosure may be satisfied by a persistent visible disclaimer (sec. 14(1)(a))
Session-and-cadence route — Alternatively, disclose at the beginning of each session and at least every three hours in a continuous interaction (sec. 14(1)(b)(i)-(ii))
Minor determination standard — A minor is an individual the operator has, based upon the circumstance, actual knowledge or reasonable certainty is younger than eighteen (sec. 13(4))
Conditional artificiality disclosure — If a reasonable person interacting with the service would be misled to believe they are interacting with a human, clearly and conspicuously disclose that the service is artificial intelligence (sec. 15)
No professional mental health claims — Do not knowingly and intentionally cause or program the service to make any representation or statement that explicitly indicates the service is designed to provide professional mental or behavioral health care (sec. 17)
Scienter standard — The sec. 17 bar reaches only conduct that is both knowing and intentional on the part of the operator (sec. 17)
Operators — any natural person or legal entity that makes available a conversational artificial intelligence service to the public (sec. 13(6)(a)). A conversational AI service is a publicly accessible software application, web interface, or program that primarily simulates human conversation through textual, visual, or aural communication (sec. 13(2)(a)); excluded are developer- and researcher-facing tools, features inside a non-conversational product, narrow-and-discrete-topic outputs, business-facing commercial products, speaker and voice-assistant interfaces, internal business use, and pure customer-service bots (sec. 13(2)(b)(i)-(vii)). Mobile app stores and search engines are not operators merely for providing access (sec. 13(6)(b)). The duty runs to minor account holders — account holders the operator has actual knowledge or reasonable certainty are under 18 (sec. 13(4)-(5))
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The act is not yet codified into numbered Neb. Rev. Stat. sections on the face of the slip law, so provisions here are cited to the session-law section numbers of LB 525. Two design choices separate Nebraska from the other 2026 state chatbot statutes: a persistent visible disclaimer is an accepted substitute for the three-hour reminder cadence, which Washington's ESHB 2225 does not allow, and the duty attaches to minor *account holders* rather than to any minor user, so an operator that runs no accounts never triggers it.
Requirements
Requirement
Details
Disclose artificiality to minor account holders
Clearly and conspicuously disclose to each minor account holder that they are interacting with artificial intelligence (sec. 14(1))
Persistent-disclaimer route
The disclosure may be satisfied by a persistent visible disclaimer (sec. 14(1)(a))
Session-and-cadence route
Alternatively, disclose at the beginning of each session and at least every three hours in a continuous interaction (sec. 14(1)(b)(i)-(ii))
Minor determination standard
A minor is an individual the operator has, based upon the circumstance, actual knowledge or reasonable certainty is younger than eighteen (sec. 13(4))
Penalties
Violation
Fine
Attorney General enforcement
The Attorney General may enforce the act and may bring a civil action for appropriate relief against an operator, on behalf of the State of Nebraska or on behalf of any person aggrieved by a violation (sec. 18(1), sec. 18(2)(a))
Relief available
Preliminary and other equitable or declaratory relief; an award of actual damages; reasonable expenses of bringing the action including court costs, reasonable attorney's fees, investigative costs, witness fees, and deposition costs (sec. 18(2)(b)(i), (ii), (iv))
Civil penalties
At least $1,000 per violation, but no more than $500,000 per operator; penalties recovered are remitted to the State Treasurer under Article VII, section 5 of the Nebraska Constitution (sec. 18(2)(b)(iii))
Private right of action
None — nothing in the act shall be interpreted as creating a private right of action (sec. 18(3))
Developer carve-out
The act creates no liability for the developer of an AI model for a violation by a conversational AI system developed by a third-party operator to provide a service for that developer (sec. 18(4))
Operators of conversational AI services (sec. 13(6)(a)) as to all users, not only account holders. The disclosure duty is conditional: it applies where a reasonable person interacting with the service would be misled to believe the interaction is with a human (sec. 15)
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Unlike Washington's unconditional disclosure, Nebraska's general duty triggers only on the reasonable-person misleading test, so a service that is obviously artificial owes nothing under sec. 15 — the account-based minor duty in sec. 14(1) is the unconditional one. Sec. 17 bars only the explicit representation that the service is designed to deliver professional mental or behavioral health care, and it carries a knowing-and-intentional scienter element, so incidental therapeutic-sounding output is not itself a violation.
Requirements
Requirement
Details
Conditional artificiality disclosure
If a reasonable person interacting with the service would be misled to believe they are interacting with a human, clearly and conspicuously disclose that the service is artificial intelligence (sec. 15)
No professional mental health claims
Do not knowingly and intentionally cause or program the service to make any representation or statement that explicitly indicates the service is designed to provide professional mental or behavioral health care (sec. 17)
Scienter standard
The sec. 17 bar reaches only conduct that is both knowing and intentional on the part of the operator (sec. 17)
Penalties
Violation
Fine
Attorney General enforcement
The Attorney General may enforce the act and may bring a civil action for appropriate relief against an operator, on behalf of the State of Nebraska or on behalf of any person aggrieved by a violation (sec. 18(1), sec. 18(2)(a))
Relief available
Preliminary and other equitable or declaratory relief; an award of actual damages; reasonable expenses of bringing the action including court costs, reasonable attorney's fees, investigative costs, witness fees, and deposition costs (sec. 18(2)(b)(i), (ii), (iv))
Civil penalties
At least $1,000 per violation, but no more than $500,000 per operator; penalties recovered are remitted to the State Treasurer under Article VII, section 5 of the Nebraska Constitution (sec. 18(2)(b)(iii))
Private right of action
None — nothing in the act shall be interpreted as creating a private right of action (sec. 18(3))
Developer carve-out
The act creates no liability for the developer of an AI model for a violation by a conversational AI system developed by a third-party operator to provide a service for that developer (sec. 18(4))
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