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A09219 Summary:

BILL NOA09219
 
SAME ASNo Same As
 
SPONSORCunningham
 
COSPNSR
 
MLTSPNSR
 
Add Art 47-A §§1710 - 1715, Gen Bus L
 
Requires experts in professional fields to be consulted when developing and maintaining artificial intelligence technology for use in such fields.
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A09219 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9219
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                    November 3, 2025
                                       ___________
 
        Introduced  by  M.  of  A.  CUNNINGHAM  -- read once and referred to the
          Committee on Science and Technology
 
        AN ACT to amend the general business law, in relation to requiring arti-
          ficial intelligence technology  used  in  professional  fields  to  be
          developed and maintained in consultation with experts in such fields

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Legislative intent. The legislature finds and declares that
     2  artificial intelligence (AI) systems are increasingly influencing  deci-
     3  sions and operations across professional fields including medicine, law,
     4  engineering,  architecture,  education,  and  finance.  To ensure public
     5  safety, ethical alignment, and accuracy, AI systems must be designed and
     6  trained with the substantive input of  credentialed  professionals  from
     7  relevant fields. This act aims to promote accountability and protect the
     8  public by requiring such collaboration.
     9    §  2. The general business law is amended by adding a new article 47-A
    10  to read as follows:
    11                                ARTICLE 47-A
    12               ARTIFICIAL INTELLIGENCE IN PROFESSIONAL FIELDS
    13  Section 1710. Definitions.
    14          1711. Professional oversight requirement.
    15          1712. Documentation and compliance.
    16          1713. Enforcement.
    17          1714. Rulemaking authority.
    18          1715. Severability.
    19    § 1710. Definitions. For the purposes of this article,  the  following
    20  terms shall have the following meanings:
    21    1. "Artificial intelligence", "artificial intelligence technology", or
    22  "AI" shall have the same meaning as in subdivision one of section seven-
    23  teen hundred of this chapter.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13614-01-5

        A. 9219                             2
 
     1    2. "Generative artificial intelligence" shall have the same meaning as
     2  in subdivision two of section seventeen hundred of this chapter.
     3    3.  "Professional  domain expert" shall mean an individual who holds a
     4  valid license, certification, or credential in a regulated field and has
     5  at least three years of experience in such  field,  including,  but  not
     6  limited  to,  a  medical  doctor,  registered  nurse, licensed attorney,
     7  certified public accountant, licensed engineer, or certified educator.
     8    4. "Developer" shall mean  any  entity  or  individual  that  designs,
     9  builds,  trains,  or deploys an AI technology for public use or for sale
    10  in the state.
    11    § 1711. Professional oversight requirement. 1.  Any  developer  of  an
    12  artificial  intelligence  technology  intended for use in a professional
    13  domain regulated under title eight of the  education  law  shall  demon-
    14  strate  that  at  least one professional domain expert has been directly
    15  and substantially involved in at least, but not limited to:
    16    (a) the technology design phase;
    17    (b) the data selection and training process;
    18    (c) validation and testing of system outputs; and
    19    (d) ongoing risk assessment and post-deployment evaluation.
    20    2. The provisions of subdivision one of this section  shall  apply  to
    21  artificial intelligence technology used in areas such as, but not limit-
    22  ed to:
    23    (a)  health  care  diagnostics,  treatment recommendations, or patient
    24  monitoring;
    25    (b) legal decision-making or document generation;
    26    (c) financial advising or lending tools;
    27    (d) educational curriculum or assessment tools;
    28    (e) construction, architecture, or structural safety systems; and
    29    (f) public safety, law enforcement, or surveillance technologies.
    30    § 1712. Documentation and  compliance.  1.  Developers  of  artificial
    31  intelligence  technologies  shall  submit  documentation to the attorney
    32  general affirming:
    33    (a) The identities and qualifications of professional  domain  experts
    34  involved  in  the  AI  technology, pursuant to section seventeen hundred
    35  eleven of this article;
    36    (b) The specific phases of  development  in  which  such  professional
    37  domain experts contributed; and
    38    (c) Any known risks, limitations, or ethical concerns disclosed during
    39  development.
    40    2.  The  attorney  general  or a duly authorized representative of the
    41  attorney general shall issue certificates of  compliance  to  developers
    42  who  have  submitted  documentation  pursuant to subdivision one of this
    43  section and are found to be in compliance. Any technology and developers
    44  found to be not in compliance may be subject to investigation and penal-
    45  ties pursuant to section seventeen hundred thirteen of this article.
    46    § 1713. Enforcement. 1. The  attorney  general  shall  have  exclusive
    47  authority to enforce the provisions of this article.
    48    2.  Nothing  in this article shall be construed as providing the basis
    49  for a private right of action for violations of the provisions  of  this
    50  article.
    51    3.  A  violation of the requirements established in this article shall
    52  constitute an unfair  trade  practice  for  purposes  of  section  three
    53  hundred  forty-nine  of this chapter and shall be enforced solely by the
    54  attorney general; provided, however, that  subdivision  (h)  of  section
    55  three  hundred  forty-nine  of  this chapter shall not apply to any such
    56  violation.

        A. 9219                             3

     1    4. (a) In any  action  commenced  by  the  attorney  general  for  any
     2  violation  of  this article, it shall be an affirmative defense that the
     3  developer, deployer, or other person:
     4    (i)  discovers  a  violation  of any provision of this article through
     5  red-teaming;
     6    (ii) no later than sixty days after discovering such violation through
     7  red-teaming:
     8    (A) cures such violation; and
     9    (B) provides to the attorney general, in a form and manner  prescribed
    10  by  the  attorney general, notice that such violation has been cured and
    11  evidence that any harm caused by such violation has been mitigated; and
    12    (iii) is otherwise in compliance with the latest version of:
    13    (A) the Artificial Intelligence Risk Management Framework published by
    14  the national institute of standards and technology;
    15    (B) ISO/IEC 42001 of the  international  organization  for  standardi-
    16  zation and the international electrotechnical commission;
    17    (C)  a nationally or internationally recognized risk management frame-
    18  work for artificial intelligence decision  technology,  other  than  the
    19  risk  management  frameworks  described  in  clauses (A) and (B) of this
    20  subparagraph, that imposes requirements that  are  substantially  equiv-
    21  alent  to,  and  at  least as stringent as, the requirements established
    22  pursuant to this article; or
    23    (D) any risk management framework for artificial intelligence decision
    24  technology that is substantially equivalent to, and at least  as  strin-
    25  gent  as,  the risk management frameworks described in clauses (A), (B),
    26  and (C) of this subparagraph.
    27    (b) The developer, deployer, or  other  person  bears  the  burden  of
    28  demonstrating  to the attorney general that the requirements established
    29  pursuant to paragraph (a) of this subdivision have been satisfied.
    30    (c) Nothing in this  article,  including,  but  not  limited  to,  the
    31  enforcement  authority  granted to the attorney general pursuant to this
    32  section, shall be construed to preempt or otherwise  affect  any  right,
    33  claim,  remedy,  presumption,  or defense available at law or in equity.
    34  Any rebuttable presumption or affirmative defense  established  pursuant
    35  to this article shall apply only to an enforcement action brought by the
    36  attorney  general  pursuant  to  this section and shall not apply to any
    37  right, claim, remedy, presumption, or defense available  at  law  or  in
    38  equity.
    39    3.  Any  developer  found  to  be  in violation of this article may be
    40  subject to:
    41    (a)  Civil  penalties  not  to  exceed  fifty  thousand  dollars   per
    42  violation;
    43    (b) Injunctive relief to halt deployment of an AI technology; or
    44    (c) Public disclosure of non-compliant practices.
    45    §  1714.  Rulemaking  authority. The attorney general shall promulgate
    46  such rules and regulations as are necessary to  effectuate  and  enforce
    47  the provisions of this article.
    48    § 1715. Severability. If any clause, sentence, paragraph, subdivision,
    49  section or part of this article shall be adjudged by any court of compe-
    50  tent jurisdiction to be invalid, such judgment shall not affect, impair,
    51  or invalidate the remainder thereof, but shall be confined in its opera-
    52  tion  to  the  clause, sentence, paragraph, subdivision, section or part
    53  thereof directly involved in the  controversy  in  which  such  judgment
    54  shall  have been rendered. It is hereby declared to be the intent of the
    55  legislature that this article would  have  been  enacted  even  if  such
    56  invalid provisions had not been included herein.

        A. 9219                             4

     1    §  3. This act shall take effect one year after it shall have become a
     2  law. Effective immediately, the addition, amendment and/or repeal of any
     3  rule or regulation necessary for the implementation of this act  on  its
     4  effective date are authorized to be made and completed on or before such
     5  effective date.
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