H0816 – Regulating the Use of Artificial Intelligence in the Provision of Mental Health Services

VTLawState

Date Passed

6/17/2026

Effective Date

6/17/2026

Summary

Prohibits corporations and entities from providing, advertising, or offering mental health services, including through artificial intelligence, unless the services are provided by a mental health professional or are part of an approved institutional review board or privacy board study. Allows mental health professionals to use HIPAA-compliant AI tools, including certain FDA-authorized software products, if the professional reviews and approves the mental health services. Makes prohibited AI use unprofessional conduct and requires the Artificial Intelligence Advisory Council to report on regulation of AI use by mental health professionals.

Healthcare Implications

Creates direct guardrails for AI use in mental and behavioral health services. AI systems may not independently provide mental health services to the public, and mental health professionals remain responsible for reviewing and approving AI-supported services. The law creates professional-discipline and consumer-protection consequences for prohibited AI use and sets up further legislative review of AI use by mental health professionals.

Operational Implications

  • Corporations and entities may not provide, advertise, or offer mental health services through AI unless the services are provided by a mental health professional or are part of an approved research study; mental health professionals may use HIPAA-compliant AI tools only if they review and approve the mental health services.
  • A corporation or entity may not present AI-delivered services as mental health services for the public unless the services are provided by a mental health professional or qualify under the approved-study exception.
  • By January 15, 2027, the Artificial Intelligence Advisory Council must submit a report to legislative committees on regulating AI use by mental health professionals, including recommendations for legislative action.

Impact Level

High

Keywords

Safety & Risk; Clinical Quality & Efficacy; Transparency & Governance; Privacy & Data

Stakeholders

Providers & Health Systems; Patients & Public; Developers & Vendors; Regulators & Government