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California SB 243: Establishing New Standards for Regulating AI Companion Chatbots and Ensuring Their Integrity | Sheppard Mullin Richter & Hampton LLP

Navigating California’s SB 243: New Regulatory Standards for AI Chatbots in Healthcare

Understanding the Implications of SB 243 for Healthcare Providers and Digital Health Innovators

Key Provisions of SB 243 and Their Impact on AI Interaction

The Importance of Compliance in a New Era of “Artificial Integrity”

Preparing for the Future: Strengthening Patient Safety and Trust with AI

Navigating the Future: The Impact of California’s SB 243 on Healthcare AI

The rapid advancement of artificial intelligence (AI) is revolutionizing healthcare by enhancing patient care, streamlining operations, and personalizing treatment. However, with these remarkable innovations come pressing concerns about safety, transparency, and ethical implications, especially when it involves vulnerable populations like minors. To address these issues, California has taken a pioneering step by enacting Senate Bill 243 (SB 243), the first law of its kind in the nation. Signed into law by Governor Gavin Newsom on October 13, 2025, SB 243 establishes critical guidelines that will begin to take effect on January 1, 2026.

Understanding SB 243: Key Provisions

SB 243 introduces unique regulations for AI chatbots, particularly those interacting with minors, focusing on transparency and safety. Here are the major components:

1. AI Notification

Operators must ensure that users are clearly notified when they are engaging with an AI-powered chatbot. This is crucial in preventing the misunderstanding that users might be interacting with a human.

2. Prevention Protocols

Operators must create strict protocols to avoid generating content related to self-harm or suicide. This includes directing users expressing suicidal thoughts to crisis services promptly and ensuring intervention protocols are publicly accessible.

3. Enhanced Protections for Minors

Special requirements for minors include:

  • Clear disclosure that the chatbot is powered by AI.
  • Mandatory breaks during extensive interactions.
  • Measures to prevent the generation of sexually explicit content.

4. Audit and Reporting

Starting July 1, 2027, operators will require rigorous audits, proactive crisis management, and adherence to privacy laws. They will need to document and disclose chatbot interactions related to crisis situations.

5. Civil Remedies

Victims of violations can pursue civil action against operators, with potential compensation including a minimum of $1,000 per violation and coverage for legal fees.

Why SB 243 Matters for Healthcare Organizations

For healthcare providers and digital health innovators, SB 243 represents both challenges and opportunities. There is a critical need for:

  • Compliance Check: Organizations using virtual support services or behavioral health applications must assess if they fall under the definition of “operators” as defined in the law. They need to ensure their practices align with the new regulations.

  • Implementing Safeguards: Those utilizing chatbots for emotional support must ensure they have effective protocols for escalating crisis situations and clear disclosures indicating the AI nature of the interactions.

  • Ethical Responsibility: Beyond compliance, there’s an ethical imperative to ensure that AI technologies foster trust and safety, especially in vulnerable populations.

The law sets the stage for a new era of “Artificial Integrity,” emphasizing that AI should mirror human values and protect the vulnerable. Failing to adhere to these regulations not only threatens legal repercussions but could also damage reputations in an industry where trust is paramount.

Looking Ahead: A New Standard for AI in Healthcare

SB 243 marks a significant shift in how AI is regulated in healthcare, prioritizing the integrity and quality of AI interactions. For healthcare organizations and technology providers, embracing clear disclosures, robust crisis-response protocols, and strong safeguards for minors will be crucial in minimizing legal risks and enhancing patient trust.

As we move toward 2026, it becomes increasingly clear that while AI has the potential to transform healthcare, it must be harnessed with responsibility and ethics at its core. Preparing for these changes today will pave the way for safer, more effective AI applications that prioritize the well-being of patients, particularly the most vulnerable among us.

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