AI Regulations and Deepfake Laws Lead 2026 State Legislative Changes

As the new year approaches, 38 states are enacting a wave of legislation aimed at regulating artificial intelligence (AI) and deepfakes, particularly in the context of healthcare and elections. These laws, which go into effect in 2026, address the misuse of AI and aim to protect citizens from misleading information and potential fraud.

Regulating AI in Healthcare and Elections

California and Oregon lead the charge with laws that prevent AI chatbots from impersonating licensed healthcare professionals. California's law specifically bars AI developers and businesses from giving patients the impression they are interacting with a real health care provider. Meanwhile, Oregon's legislation prohibits AI programs from using the title 'nurse' when providing medical advice.

Montana and South Dakota have also passed laws requiring disclosures about the use of deepfakes in political campaigns. These measures are designed to combat the spread of misinformation and ensure transparency in the upcoming midterm elections. Deepfakes, which are digitally altered images, videos, or audio, have been used to create false representations of individuals, causing confusion and distrust during previous election cycles.

State-Level Actions Despite Federal Inaction

Despite President Donald Trump's executive order in December seeking to limit state regulations on AI, states continue to take the lead in addressing these issues. The National Conference of State Legislatures (NCSL) CEO, Tim Storey, notes that states are stepping up in the absence of federal legislation. 'States have taken the lead, as they have in so many issues. AI is the big one,' Storey says.

Trump's executive order aimed to promote a 'minimally burdensome national policy' for AI, but it lacks the legislative strength to preempt state-level actions. As a result, states are moving forward with their own regulations to address the rapid growth and potential risks of AI technology.

Paid Family and Medical Leave Expanding

In addition to AI and deepfake regulations, several states are implementing or expanding paid family and medical leave policies. Maine, Delaware, and Minnesota will introduce new paid leave programs in 2026, while Maryland, Vermont, and Washington are amending existing policies. These changes allow employees to receive wages during leaves of absence for medical reasons, childbirth, or family care.

Minnesota state Senator Alice Mann, a physician and member of the Democratic-Farmer-Labor Party, sponsored the state's paid leave bill. 'I see people every single day who struggle. People are left with the choice of taking care of themselves, their family members, their new baby, and not getting a paycheck anymore. And that’s not an option,' Mann explains.

References

• New laws in 2026 target AI and deepfakes, paid leave and rising Obamacare premiums