Image Credit: Canva
The Tennessee Conservative [By Olivia Lupia] –
Another bill tackling the ever-evolving field of artificial intelligence (AI) has been filed by two Republican lawmakers seeking to ensure the technology cannot be used to impersonate qualified mental health professionals.
HB1470, sponsored by Rep. Tim Hicks (Gray-District 6), simply states that “a person who develops or deploys an artificial intelligence system shall not advertise or represent to the public that such system is or is able to act as a qualified mental health professional.”
The bill defines AI as “models and systems capable of performing functions generally associated with human intelligence, including reasoning and learning.”
Violating this proposed law would constitute a violation of the Tennessee Consumer Protection Act of 1977 as it would be considered and “unfair or deceptive act or practice affecting trade or commerce.”
Notwithstanding the legal ramifications and limits established in Tennessee code for violating the Consumer Protection Act, a violation would be subject to a civil penalty of $5,000 per incident.
The companion bill, SB1580, is sponsored by Sen. Page Walley (Savannah-District 26) and mirrors the text of HB1470 almost identically. Assuming there are no amendments down the line, this will make the legislation easier to be substituted and engrossed by the General Assembly should it pass both chambers.
Both SB1580 and HB1470 have passed their respective chambers on first consideration and are now awaiting a second reading and subsequent assignment to the proper committees.
The Tennessee Conservative recently reported on another bill filed by Rep. Mary Littleton (R-Dickson-District 78) which is targeting dangerous AI practices and seeking to create severe consequence for using the technology to cause harm or impersonate a human being.
HB1455 will create a Class A felony offense for “knowingly training artificial intelligence to encourage the act of suicide or criminal homicide, or act in specific manners, including developing and emotional relationship with an individual or simulating a human being, including in appearance, voice, or other mannerisms.”
There are some limited exceptions in the bill including chatbots that are used solely for a business’ customer service or specific operational functions used for purposes like internal research or technical assistance. And video game AI bots are precluded so long as it is a specific feature of the game which is limited to replies only about the game and no other topics like mental health, self-harm, or sexually explicit content.
Should a violator be convicted, a Class A felony carries 15-60 years in prison and/or a fine up to $50,000. In addition to the criminal penalties created by the bill, it also provides for an affected individual to bring a civil cause of action against the violator.
Senator Becky Massey (R-Knoxville-District 6) has sponsored the companion bill, SB1493, which also details how AI may not be used to provide emotional support through “open-ended conversations with a user” or develop “an emotional relationship with, or otherwise act as a companion to, an individual.”
HB1455/SB1493 does share some overlap with Hicks’ HB1470 in that it also prohibits training AI to provide information that mimics what could be provided by a licensed mental health or healthcare professional, but it is unlikely the bills would be seen as conflicting as HB1470 is a specifically targeted proposal while Littleton and Massey’s bill is seeking to enact more broad regulations across the industry as a whole.
About the Author: Olivia Lupia is a political refugee from Colorado who now calls Tennessee home. A proud follower of Christ, she views all political happenings through a Biblical lens and aims to utilize her knowledge and experience to educate and equip others. Olivia is an outspoken conservative who has run for local office, managed campaigns, and been highly involved with state & local GOPs, state legislatures, and other grassroots organizations and movements. Olivia can be reached at olivia@tennesseeconservativenews.com.
