Summary
Regulates the use of artificial intelligence in therapy and psychotherapy services. Requires written informed consent before AI is used in recorded or transcribed therapeutic sessions, limits AI use to administrative or supplementary support under professional responsibility and oversight, prohibits AI from making independent therapeutic decisions, restricts direct therapeutic communication without an established professional relationship and patient consent, and bars AI from determining therapeutic recommendations or treatment plans. Authorizes the Executive Office of Health and Human Services to investigate violations and issue implementing rules.
Healthcare Implications
Creates direct guardrails for AI use in mental and behavioral health care. Licensed therapy or psychotherapy providers must keep professional responsibility and therapeutic oversight in AI-supported workflows, obtain informed consent for certain AI uses, prevent AI from independently making therapeutic decisions or treatment plans, and maintain confidentiality and patient-safety responsibilities when patients use AI tools.
Operational Implications
- A licensed professional or provider may not allow AI to make independent therapeutic decisions, determine therapeutic recommendations or treatment plans, or directly interact with clients in therapeutic communication except under the law’s relationship, consent, and oversight conditions.
- Before AI is used in recorded or transcribed therapy or psychotherapy sessions, the patient or legally authorized representative must be informed in writing that AI will be used, told the specific purpose, and provide revocable consent.
- A person or entity may not provide, advertise, or offer therapy or psychotherapy services through AI unless the services are conducted by a licensed professional or provider.
- The Executive Office of Health and Human Services may investigate suspected violations and promulgate rules to carry out the act.