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Requirements at a glance

This regulation imposes 18 specific requirements for Transparency & Disclosure across 4 provisions:

• On-request disclosure — A supplier using GenAI to interact with an individual in connection with a consumer transaction must disclose that the individual is interacting with generative artificial intelligence and not a human when the individual asks or otherwise prompts about AI use through a clear and unambiguous request to determine whether the interaction is with a human or artificial intelligence (§13-75-103(1))
• Safe harbor — The safe harbor protects a person from enforcement for violating Section 13-75-103 only, if the person's GenAI clearly and conspicuously discloses at the outset of an interaction in connection with a consumer transaction or regulated services, and throughout the interaction, that it is generative artificial intelligence, not human, or an artificial intelligence assistant (§13-75-104(1)); these are alternative safe-harbor disclosure forms, not substitutes for the conjunctive on-request content in §13-75-103(1)
• Proactive disclosure — An individual providing services in a regulated occupation must prominently disclose when an individual receiving services is interacting with GenAI in those services if the use is a high-risk artificial intelligence interaction (§13-75-103(2)(a)). The definition covers collection of sensitive personal information, including health, financial, or biometric data; personalized recommendations, advice, or information that could reasonably be relied upon to make significant personal decisions, including financial, legal, medical, or mental health advice or services; or other applications as defined by division rule (§13-75-101(5))
• Other regulated-occupation requirements — The individual must comply with all requirements of the regulated occupation when providing services through GenAI (§13-75-103(2)(b))
• Verbal at start — The disclosure must be provided verbally at the start of a verbal interaction (§13-75-103(3)(a))
• Written before start — The disclosure must be provided in writing before the start of a written interaction, not limited to electronic messaging (§13-75-103(3)(b))
• Disclosure content — A supplier of a mental health chatbot must cause the chatbot to clearly and conspicuously disclose to a Utah user that it is an artificial intelligence technology and not a human (§13-72a-203(1))
• Pre-access disclosure — The disclosure must be made before the Utah user may access the features of the mental health chatbot (§13-72a-203(2)(a))
• Access-based repeat disclosure — The disclosure must be made at the beginning of any interaction with the Utah user if the Utah user has not accessed the mental health chatbot within the previous seven days (§13-72a-203(2)(b))
• On-prompt disclosure — The disclosure must be made any time a Utah user asks or otherwise prompts the mental health chatbot about whether artificial intelligence is being used (§13-72a-203(2)(c))
• GenAI definition — Generative artificial intelligence is an AI technology system trained on data, designed to simulate human conversation with a consumer through text, audio, or visual communication, and generating non-scripted outputs similar to human outputs with limited or no human oversight (§13-72a-101(6))
• Mental health chatbot definition — AI technology that uses GenAI to engage in interactive conversations with a user similar to the confidential communications that an individual would have with a licensed mental health therapist, and that a supplier represents, or a reasonable person would believe, can or will provide mental health therapy or help a user manage or treat mental health conditions (§13-72a-101(10)(a))
• Narrow carve-outs — Excludes AI technology that only provides scripted output, such as guided meditations or mindfulness exercises, or only analyzes an individual's input for the purpose of connecting the individual with a human mental health therapist (§13-72a-101(10)(b)); providing referrals alongside therapeutic GenAI does not itself establish the exclusion
• Utah-user scope — A Utah user is an individual located in Utah at the time the individual accesses or uses a mental health chatbot (§13-72a-101(15)); residence alone is not the stated trigger
• Expanded scope — Personal identity now covers name, title, picture, portrait, video likeness, voice, audiovisual appearance — including AI simulation/reproduction
• Voice definition — Any computer-generated sound "readily identifiable and attributable" to an individual
• Tool distribution liability — Knowingly distributing tools whose "intended primary purpose" is unauthorized personal-identity content creation for commercial purposes = abuse
• Exemptions — News, public affairs, sports, art, parody, political speech; §230 interactive-computer-service safe harbor