EveryAILaw.comDoes Washington AI Companion Chatbots Act (ESHB 2225) require Incident Reporting?
Washington • enacted
Yes — 1 provision
Requirements at a glance
This regulation imposes 3 specific requirements for Incident Reporting across 1 provision:
- Publish protocol details — Publicly disclose on the operator's website or websites, and within any mobile or web-based application through which the AI companion is made available, the details of the Sec. 5 protocols (Sec. 5(3))
- Publish safeguards — The disclosure must include the safeguards used to detect and respond to expressions of suicidal ideation or self-harm (Sec. 5(3))
- Publish referral counts — The disclosure must include the number of crisis referral notifications issued to users in the preceding calendar year (Sec. 5(3))
Public Protocol and Crisis Referral Disclosure
No regulator receives this. Like Oregon, Washington makes the crisis-referral count a public self-disclosure rather than a filing — but it must appear both on the operator's websites and inside every mobile or web application through which the companion is offered, which is a stricter placement duty than either California or Oregon imposes. Sec. 5(3) sets no annual deadline, so the disclosure is a standing obligation that must carry the preceding calendar year's count.
Requirements
| Requirement | Details |
|---|---|
| Publish protocol details | Publicly disclose on the operator's website or websites, and within any mobile or web-based application through which the AI companion is made available, the details of the Sec. 5 protocols (Sec. 5(3)) |
| Publish safeguards | The disclosure must include the safeguards used to detect and respond to expressions of suicidal ideation or self-harm (Sec. 5(3)) |
| Publish referral counts | The disclosure must include the number of crisis referral notifications issued to users in the preceding calendar year (Sec. 5(3)) |
Penalties
| Violation | Fine |
|---|---|
| Consumer Protection Act predicate | Violation is an unfair or deceptive act in trade or commerce under ch. 19.86 RCW (Sec. 6); no penalty amount is set in this act |
| Attorney General enforcement | Injunctive relief and civil penalties under RCW 19.86.080 and RCW 19.86.140 |
| Private right of action | Under RCW 19.86.090 — actual damages, discretionary trebling capped at $25,000, plus attorney fees and costs |