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 |