Chatbot Laws · verified Oct. 21, 2026
Operators of AI companions must give notice when users could think they are talking to a human, add hourly break reminders and safeguards for known minors, run a suicide and self-harm protocol, not claim to provide mental health care, and report annually to the Department of Health from 2028. Violations are unfair or deceptive practices, with no private suit.
Who must comply
Operators, meaning people who develop and make an AI companion available to the public. App stores and search engines that merely provide access are not operators. The developer of an underlying model is not liable for a third party's AI companion.
What it requires
| AI disclosure | If a reasonable person would be led to believe they are talking to a human, the operator must give a clear and conspicuous notification that the AI companion is AI and not human.When: When a reasonable person could think it is human§ 481B-__(a) |
|---|---|
| Minors | If the operator has actual knowledge or reasonable certainty a user is a minor (under 18), it must show a persistent AI disclaimer, or a notice at the start of each session and at least hourly with a break reminder; may not give unpredictable points or rewards or outputs that discourage disengagement; must take reasonable measures against sexually explicit visuals, statements urging sexual conduct and sexual objectification; and must offer tools for the user and parents to manage screen time and account settings.When: Persistent, or at each session start and at least hourly§ 481B-__(b), (d) |
| Crisis protocol | Operator must adopt a protocol for prompts about suicidal ideation or self-harm that tries to refer users to crisis services, use evidence-based methods to measure risk, prevent human-claims during crisis conversations, and prevent outputs that encourage serious injury to others.§ 481B-__(c)(1), (2), (4), (5) |
| Reporting | Operator must send the Department of Health's Behavioral Health Administration an annual report with the number of crisis referrals in the prior calendar year and its detection and prevention protocols, with no user identifiers.When: Annually from Jan 1, 2028§ 481B-__(e) |
| Therapy and licensed titles | Operator may not cause or program an AI companion to indicate it is designed to provide professional mental or behavioral health care.§ 481B-__(c)(3) |
Enforcement
| Enforced by | Attorney General and Director of the Office of Consumer Protection§ 481B-__(f)-(h); HRS § 480-2(d) |
|---|---|
| Private lawsuits | No |
| Penalties | A violation is an unfair or deceptive act or practice under HRS § 480-2, so that law's remedies apply; under § 480-2(d) only a consumer, the Attorney General or the Office of Consumer Protection director may sue, and this Act rules out private suits. Duties and remedies are cumulative with other law. |
Key dates
- The law takes effect
- Annual report to the Behavioral Health Administration begins
Sources
- SB 3001 measure status, Hawaii State Legislature Supports: Act 248, Jul 14, 2026, vote history, annual-report description.
- Governor's message No. 1350 with Act 248 Supports: Signed Jul 14, 2026; enrolled Act text.
- SB 3001 SD2 HD3 CD1, Hawaii State Legislature Supports: Provision text and definitions; Sec. 7 effective on approval.
- HRS § 480-2 Supports: who may sue for unfair or deceptive practices.