Definitions

As used in this chapter: (1) "Artificial intelligence" means the same as that term is defined in Section 13-72-101. (2) "Artificial intelligence technology" means the same as that term is defined in Section 13-72-101. (3) "Confidential communications" means the same as that term is defined in Section 58-60-102. (4) "Covered entity" means the same as that term is defined in 45 C.F.R. Sec. 160.103. (5) "Division" means the Division of Consumer Protection created in Section 13-2-102. (6) "Generative artificial intelligence" means an artificial intelligence technology system that: (a) is trained on data; (b) is designed to simulate human conversation with a consumer through one or more of the following: (i) text; (ii) audio; or (iii) visual communication; and (c) generates non-scripted outputs similar to outputs created by a human, with limited or no human oversight. (7) "Health care provider" means the same as that term is defined in 45 C.F.R. Sec. 160.103. (8) "Health plan" means the same as that term is defined in 45 C.F.R. Sec. 160.103. (9) "Individually identifiable health information" means any information, whether oral or recorded in any form or medium, that relates to the physical or mental health or condition of an individual. (10) (a) "Mental health chatbot" means an artificial intelligence technology that: (i) uses generative artificial intelligence to engage in interactive conversations with a user of the mental health chatbot similar to the confidential communications that an individual would have with a licensed mental health therapist; and (ii) 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. (b) "Mental health chatbot" does not include artificial intelligence technology that only: (i) provides scripted output, such as guided meditations or mindfulness exercises; or (ii) analyzes an individual's input for the purpose of connecting the individual with a human mental health therapist. (11) "Mental health therapist" means the same as that term is defined in Section 58-60-102. (12) "Personal data" means the same as that term is defined in Section 63A-19-101. (13) "Scientific research development" means research: (a) conducted by a researcher affiliated with: (i) an institution of higher education; (ii) a research organization; or (iii) a healthcare facility; and (b) that is: (i) approved by an institutional review board; and (ii) conducted in accordance with applicable ethics requirements for human subject research. (14) "Supplier" means the same as that term is defined in Section 13-11-3. (15) "User input" means content provided to a mental health chatbot by a Utah user. (16) "Utah user" means an individual located in the state at the time the individual accesses or uses a mental health chatbot.