EveryAILaw.comDoes New York AI Companion Models Law (GBL Article 47) require Risk Assessment?
New York • enforcing
Yes — 1 provision
Requirements at a glance
This regulation imposes 3 specific requirements for Risk Assessment across 1 provision:
- Protocol required to operate — It is unlawful to operate for or provide an AI companion unless it contains a protocol taking reasonable efforts to detect and address suicidal ideation or expressions of self-harm expressed by a user (§ 1701)
- Detection — The protocol must include detection of user expressions of suicidal ideation or self-harm (§ 1701)
- Crisis referral — On detection, the operator must notify the user with a referral to crisis service providers such as the 9-8-8 suicide prevention and behavioral health crisis hotline under Mental Hygiene Law § 36.03, a crisis text line, or other appropriate crisis services (§ 1701)
AI Companion Self-Harm Protocol #
Structured as a prohibition on operating without the protocol, so the compliance question is binary rather than a standard of care. The three-part definition of an AI companion in § 1700(4)(a) is conjunctive — memory across sessions, unprompted emotion-based questions, and sustained personal dialogue — which is narrower than California's SB 243 test and turns on product design rather than on marketing category.
Requirements
| Requirement | Details |
|---|---|
| Protocol required to operate | It is unlawful to operate for or provide an AI companion unless it contains a protocol taking reasonable efforts to detect and address suicidal ideation or expressions of self-harm expressed by a user (§ 1701) |
| Detection | The protocol must include detection of user expressions of suicidal ideation or self-harm (§ 1701) |
| Crisis referral | On detection, the operator must notify the user with a referral to crisis service providers such as the 9-8-8 suicide prevention and behavioral health crisis hotline under Mental Hygiene Law § 36.03, a crisis text line, or other appropriate crisis services (§ 1701) |
Penalties
| Violation | Fine |
|---|---|
| Per day | Civil penalties up to $15,000 per day for a violation of § 1701 or § 1702 (§ 1703(1)) |
| Enforcement | The Attorney General may sue in the name of the people to enjoin the unlawful practice and seek civil penalties and other remedies the court deems appropriate (§ 1703(1)) |
| Destination of penalties | Fees, fines, and penalties are deposited in the suicide prevention fund established by State Finance Law § 99-ss and made available to the Office of Mental Health (§ 1703(2)) |