EveryAILaw.comDoes Oregon Artificial Intelligence Companion Act (SB 1546) require Risk Assessment?
Oregon • enacted
Yes — 1 provision
Requirements at a glance
This regulation imposes 5 specific requirements for Risk Assessment across 1 provision:
- Protocol as a precondition of access — An operator may not allow users in Oregon access unless it has a protocol using evidence-based methods for detecting user input consisting of suicidal or self-harm ideation or intent, and preventing provision of content that encourages suicidal ideation, suicide, or self-harm (§ 1(3)(a))
- 988 referral — The protocol must require the companion to provide a user expressing suicidal or self-harm ideation or intent with a referral to, and contact information and a hyperlink for, the national 9-8-8 suicide and crisis lifeline (§ 1(3)(b)(A))
- Youthline alternative — For a user the operator identifies as under 25 years of age, the companion may instead refer to a youthline — an American Association for Suicidology accredited youth peer support service — with contact information and hyperlink (§ 1(1)(f), § 1(3)(b)(A))
- Escalated intervention — The protocol must use clinical best practices and expertise to establish how the companion provides additional intervention for a user who continues to express suicidal or self-harm ideation or intent after the initial referral (§ 1(3)(b)(B))
- Publication — Publish the details of the protocol on the operator's website (§ 1(3)(c))
Suicide and Self-Harm Detection Protocol #
The duty is a gate on access, not a best-efforts standard: without the protocol the operator may not allow Oregon users access at all. Two features go beyond California SB 243 — the protocol must use evidence-based detection methods rather than merely respond after the fact, and § 1(3)(b)(B) requires clinical best practices for escalated intervention when a user keeps expressing intent after the first referral.
Requirements
| Requirement | Details |
|---|---|
| Protocol as a precondition of access | An operator may not allow users in Oregon access unless it has a protocol using evidence-based methods for detecting user input consisting of suicidal or self-harm ideation or intent, and preventing provision of content that encourages suicidal ideation, suicide, or self-harm (§ 1(3)(a)) |
| 988 referral | The protocol must require the companion to provide a user expressing suicidal or self-harm ideation or intent with a referral to, and contact information and a hyperlink for, the national 9-8-8 suicide and crisis lifeline (§ 1(3)(b)(A)) |
| Youthline alternative | For a user the operator identifies as under 25 years of age, the companion may instead refer to a youthline — an American Association for Suicidology accredited youth peer support service — with contact information and hyperlink (§ 1(1)(f), § 1(3)(b)(A)) |
| Escalated intervention | The protocol must use clinical best practices and expertise to establish how the companion provides additional intervention for a user who continues to express suicidal or self-harm ideation or intent after the initial referral (§ 1(3)(b)(B)) |
| Publication | Publish the details of the protocol on the operator's website (§ 1(3)(c)) |
Penalties
| Violation | Fine |
|---|---|
| Private right of action | The greater of actual damages or $1,000 statutory damages per violation, plus injunctive relief and discretionary attorney fees and costs (§ 2) |