PubLedge

An individual providing services in a regulated occupation must prominently disclose when an individual receiving services is interacting with generative artificial intelligence in the provision of regulated services if that use constitutes a high-risk artificial intelligence interaction (§13-77-103(2)(a)). The statutory actor is the individual providing those services, without a supplier condition. A regulated occupation is regulated by the Department of Commerce and requires an individual to obtain a license or state certification to practice (§13-77-101(8)). The required disclosure is provided verbally at the start of a verbal interaction, and in writing before the start of a written interaction (§13-77-103(3)). Written interactions are not limited to electronic messaging. The individual must also comply with all requirements of the regulated occupation when providing services through GenAI (§13-77-103(2)(b)); that requirement is not confined to high-risk interactions. A high-risk artificial intelligence interaction is an interaction with GenAI involving any of the following (§13-77-101(5)): - Collection of sensitive personal information, including health, financial or biometric data - Provision of personalized recommendations, advice or information that could reasonably be relied upon to make significant personal decisions, including financial, legal, medical or mental health advice or services - Other applications as defined by division rule The listed data and advice or service categories are inclusive examples, not exhaustive lists. The separate §13-77-104(1) safe harbor also covers the provision of regulated services: it concerns enforcement actions for violating §13-77-103 only and requires the person's GenAI to clearly and conspicuously disclose at the outset and throughout the interaction that it is generative artificial intelligence, is not human, or is an artificial intelligence assistant. These are alternative safe-harbor forms; other state and federal remedies remain available (§13-77-106). These locators refer to the selected current Chapter 77 code retained on October 15, 2026. The corresponding enrolled SB 226 provisions used Chapter 75; the checked definitions, disclosure and safe-harbor requirements match across those retained versions. Current division rules defining other high-risk applications or disclosure forms and methods, full incorporated-definition coverage and absence of later amendments remain unverified.

What Counts

• Prominent GenAI disclosure to the individual receiving regulated services in a qualifying high-risk interaction
• Verbal disclosure at the start of a verbal interaction, not a universal before-start requirement
• Written disclosure before the start of a written interaction, including but not limited to electronic messaging
• Disclosure for collection of sensitive personal information within the regulated-services context, including health, financial or biometric data
• Disclosure for personalized recommendations, advice or information reasonably relied upon for significant personal decisions within that context, including financial, legal, medical or mental health advice or services
• Disclosure for another application defined as high-risk by division rule, subject to separately retained rule evidence
• Compliance with all requirements of the regulated occupation when providing services through GenAI, even where the interaction is not high-risk

What Does Not Count

• Disclosure delayed until the individual receiving services asks, absent the separate statutory safe harbor
• A disclosure that lacks prominence, is delayed beyond the start of a verbal interaction, or appears only after a written interaction has started
• General branding or marketing that mentions AI without the required disclosure to the recipient in the qualifying interaction
• Adding a supplier condition to the individual regulated-services actor
• Treating all personalized information as high-risk without the significant-personal-decisions criterion or another statutory branch
• Treating the statutory examples as exhaustive or omitting the division-rule branch
• Treating disclosure or the safe harbor as a waiver of other occupational requirements or of remedies outside §13-77-103

Associated records (including proposals)