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Florida AG Asks Board of Medicine to Investigate ChatGPT for Unlawful Practice of Medicine

Sep 9, 2026·3 min read

TAMPA, Fla. (VINnews) — Florida Attorney General James Uthmeier said Tuesday he is asking the Florida Board of Medicine to investigate whether OpenAI’s ChatGPT has engaged in the unlawful practice of medicine by giving users medical recommendations.

Speaking at a news conference in Tampa, Uthmeier said people have treated the chatbot’s answers as professional medical guidance even though the system is not a licensed physician.

“This is not a licensed doctor,” Uthmeier said. “People wrongly take this medical advice.”

He said some users have suffered adverse health effects after relying on AI-generated recommendations. He did not identify specific patients or cases.

Florida Department of Law Enforcement Commissioner Mark Glass, who joined Uthmeier at the briefing, said AI-generated health information can appear authoritative enough that users treat it as advice from a medical professional.

The request to the Board of Medicine came as Uthmeier also said he would press state lawmakers for legislation that would create criminal penalties for companies whose AI chatbots are involved in illegal activity. Potential penalties under the still-unwritten proposal could include heavy fines, payments to victims, court-ordered monitoring and, in some cases, suspension of business operations in Florida.

“We’re already investigating criminally ChatGPT, and this is novel,” Uthmeier said. “You can’t lock a company up behind bars.”

Uthmeier’s office has been investigating OpenAI since the spring. In April, prosecutors opened a criminal inquiry after reviewing chat logs between ChatGPT and Phoenix Ikner, the gunman in the April 17, 2025, shooting at Florida State University that killed two people and wounded several others. Officials later expanded the probe to include the slayings of two University of South Florida doctoral students after court records showed the suspect had asked the chatbot questions about disposing of a body.

On June 1, Florida filed what Uthmeier called the first state-led lawsuit against OpenAI and CEO Sam Altman, alleging the company marketed ChatGPT as safe while concealing serious risks. Uthmeier said Tuesday that additional subpoenas would be issued in the coming weeks.

OpenAI has long said ChatGPT is not a substitute for professional medical or legal advice and that users should consult licensed clinicians for diagnosis and treatment. The company has also said it continues to strengthen safeguards against harmful uses.

Uthmeier said the legislative effort is in its early stages and is not intended as a ban on artificial intelligence. He said Florida should set rules rather than wait for Congress.

“We’re gonna do what we do in Florida,” he said. “We’re gonna lead the way.”

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