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H7349AMedical Services

Behavioral Healthcare, Developmental Disabilities and Hospitals - Oversight of Artificial Intelligence Technology in Mental Health Care Act

This bill regulates the use of Artificial Intelligence in mental health therapy, requiring patient consent and licensed human oversight.

Introduced69 Yea2 Nay3 Not voting
Population
Affected
28
Email Legislator
Introduced Jan 28, 2026Committee House Health & Human Services

Plain-English Summary

This bill creates rules for how mental health professionals can use Artificial Intelligence (AI) when treating patients. It requires therapists to get clear, written permission from patients before using AI tools that record or transcribe sessions or simulate emotional connection. The bill also prevents AI from making independent medical decisions, creating treatment plans, or providing therapy without a licensed human professional overseeing the process. Furthermore, it forbids companies from offering AI therapy to the public unless a licensed therapist is involved. It includes exemptions for religious counseling, peer support, and FDA-approved AI tools.

For younger readers

This bill makes rules for using Artificial Intelligence, or AI (like smart computer programs), in therapy. If someone goes to a therapist to talk about their feelings, the therapist cannot use AI to record the conversation or act like a friend unless the person says it is okay in writing. Also, the computer program is not allowed to make medical decisions or give therapy all by itself. A real, trained human doctor or therapist always has to be in charge.

Who & Where It Applies

Impacted groups
Mental health patientsLicensed therapists and counselorsArtificial intelligence developersHealthcare software vendorsExecutive Office of Health and Human Services
Impacted communities
All

Constitutional & Fiscal Check

None Likely. Regulating the unlicensed practice of medicine and therapy, including restricting corporately offered AI therapy, falls well within the state's police powers. While restricting what AI chatbots can "say" touches on speech, courts generally allow states to regulate professional medical conduct and commercial speech without violating the First Amendment.

Estimated cost
None
Estimated revenue
Amount unknown

Bill Analysis

Both viewpoints
For Progressives
  • Protects vulnerable individuals seeking mental health care from being exploited by unregulated, automated AI systems without proper human oversight.
  • Ensures strict, informed consent requirements so patients have clear autonomy and control over their private therapeutic data and how AI is used in their sessions.
  • Prevents corporations from replacing licensed, human mental health professionals with cheaper, potentially harmful AI chatbots, thereby preserving the quality of care and protecting healthcare jobs.
  • Exempts religious counseling from AI regulations, which could leave individuals in faith-based settings vulnerable to unregulated AI use and potential psychological harm.
  • By heavily restricting AI tools, it might limit the development of low-cost, accessible mental health resources for low-income communities who cannot afford licensed human therapists.
  • Places the burden of monitoring a client's independent use of AI software on the therapist, which could increase the workload and liability for already overburdened public health workers.
For Conservatives
  • Protects individual privacy and personal freedom by requiring explicit, written consent before AI can be used to record or analyze a patient's therapy sessions.
  • Explicitly exempts religious counseling from government oversight, protecting the freedom of religious institutions to operate without state interference.
  • Ensures that medical decisions remain in the hands of trained, licensed individuals rather than being delegated to algorithms created by large tech corporations.
  • Imposes new government regulations and mandates on private healthcare providers and tech companies, restricting corporate freedom and innovation in the AI sector.
  • Prevents businesses from offering fully automated AI therapy services to the public, limiting free market solutions to healthcare shortages.
  • Grants the state's executive office broad authority to investigate businesses and enforce rules, expanding the size and reach of the government bureaucracy.

Votes

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Full Bill Text

2 versions
Changes to existing Rhode Island law · 121 additions

SECTION 1. Title 40.1 of the General Laws entitled "BEHAVIORAL HEALTHCARE, DEVELOPMENTAL DISABILITIES AND HOSPITALS" is hereby amended by adding thereto the following chapter: 40.1-5.5-1. Short title. This chapter shall be known and may be cited as the "Oversight of Artificial Intelligence Technology in Mental Health Care Act". 40.1-5.5-2. Definitions. For the purposes of this chapter:

(1) "Administrative support" means tasks performed to assist a licensed professional or provider in the delivery of therapy or psychotherapy services that do not involve therapeutic communication. "Administrative support" includes, but is not limited to, the following:

(i) Managing appointment scheduling and reminders;

(ii) Processing billing and insurance claims; and

(iii) Drafting general communications related to therapy logistics that do not include therapeutic advice.

(2) "Artificial intelligence", "artificial intelligence technology", or "AI" means a machine- based system that can, for a given set of human-defined objectives, make predictions, recommendations, or decisions influencing real or virtual environments.

(3) "Consent" means an affirmative written agreement, including by electronic means, which unambiguously communicates the individual's explicit, express, freely given, informed, voluntary, and specific agreement, and which is revocable by the individual. "Consent" does not include an agreement that is obtained by the following:

(i) The acceptance of a general or broad terms of use, agreement, or a similar document that contains descriptions of artificial intelligence along with other unrelated information;

(ii) An individual hovering over, muting, pausing, or closing a given piece of digital content; or

(iii) Using deceptive actions.

(4) "Licensed professional or provider" means an individual who holds a valid license, credential, or certification issued by this state to provide therapy or psychotherapy services.

(5) "Peer support" means services provided by individuals with lived experience of mental health conditions or recovery from substance use or gambling that are intended to offer encouragement, understanding, and guidance without clinical intervention.

(6) "Permitted use of artificial intelligence" means the use of artificial intelligence tools or systems by a licensed professional or provider to assist in providing administrative support or supplementary support in therapy or psychotherapy services where the licensed professional or provider maintains responsibility for clinical judgement and reasonable therapeutic oversight of the patient's use of the system, but not for vendor-controlled system design, algorithms, or outputs.

(7) "Religious counseling" means counseling provided by clergy members, pastoral counselors, or other religious leaders acting within the scope of their religious duties if the services are explicitly faith-based and are not represented as clinical mental health services or therapy or psychotherapy services.

(8) "Supplementary support" means tasks performed to assist a licensed professional or provider in the delivery of therapy or psychotherapy services that do not involve therapeutic communication and that are not administrative support. "Supplementary support" includes, but is not limited to, the following:

(i) Preparing and maintaining client records, including therapy notes;

(ii) Analyzing data to track client progress or identify trends, subject to review by a licensed, credentialed, or certified professional; and

(iii) Identifying and organizing external resources or referrals for client use.

(9) "Therapeutic communication" means any verbal, non-verbal, or written interaction conducted in a clinical or professional setting that is intended to diagnose or treat an individual's mental, emotional, or behavioral health concerns. "Therapeutic communication" includes, but is not limited to:

(i) Direct interactions with clients for the purpose of understanding or reflecting their thoughts, emotions, or experiences;

(ii) Providing guidance, therapeutic strategies, or interventions designed to achieve mental health outcomes;

(iii) Offering emotional support, reassurance, or empathy in response to psychological or emotional distress;

(iv) Collaborating with clients to develop or modify therapeutic goals or treatment plans; and

(v) Offering behavioral feedback intended to promote psychological growth or address mental health conditions.

(10) "Therapy or psychotherapy services" means services provided to diagnose or treat an individual's mental health or behavioral health. "Therapy or psychotherapy services" does not include religious counseling or peer support. 40.1-5.5-3. Artificial intelligence in mental health care: use restrictions and permissions.

(a) No licensed professional or provider shall be permitted to use artificial intelligence, designed to simulate emotional attachment, bonding, or dependency or artificial intelligence companions for mental health or emotional support, to assist in supplementary support or therapeutic communication in therapy or psychotherapy services where the client's therapeutic session is recorded or transcribed unless the patient or the patient's parent, guardian or other legally authorized representative is informed in writing of the following and provides consent as defined in § 40.1-5.5-2:

(1) That artificial intelligence will be used;

(2) The specific purpose of the artificial intelligence tool or system that will be used; and

(3) The patient or the patient's parents, or other legally authorized representative, provides consent to the use of artificial intelligence.

(b) An individual, corporation, or entity may not provide, advertise, or otherwise offer therapy or psychotherapy services, including through the use of Internet-based artificial intelligence, to the public in this state unless the therapy or psychotherapy services are conducted by an individual who is a licensed professional or provider.

(c) A licensed professional or provider may use artificial intelligence only to the extent that such use meets the requirements of subsection (a) of this section. A licensed professional or provider may not allow or otherwise use artificial intelligence to do any of the following:

(1) Make independent therapeutic decisions;

(2) Directly interact with clients in any form of therapeutic communication without an established relationship when the licensed professional or provider agrees to undertake diagnosis and treatment of the patient and the patient consents under this section, whether or not there has been an in-person encounter between the licensed professional or provider and the patient. The provider retains responsibility for clinical judgement and reasonable therapeutic oversight of the patient's use of the system, but not for vendor-controlled system design, algorithms, or outputs; or

(3) Determine therapeutic recommendations or treatment plans.

(d) If a client discloses that they are using software that includes AI features on their own initiative, the licensed professional or provider may discuss the client's use of the software and offer guidance about the client's use of the software. The licensed professional is responsible for maintaining confidentiality and monitoring the safety of the client, intervening when necessary to protect the safety of the client, and to discuss limitations and risks using the software poses to the patient. 40.1-5.5-4. Confidentiality of records. All records kept by a licensed professional or provider and all communications between an individual seeking therapy or psychotherapy services and a licensed professional or provider shall be confidential and shall not be disclosed except as provided pursuant to the provisions of § 40.1- 5-26. 40.1-5.5-5. Penalties.

(a) The penalties pursuant to § 5-37.3-9 shall apply to any violation of the confidentiality provisions of this chapter.

(b) The executive office of health and human services shall have authority to investigate any actual, alleged, or suspected violation of this chapter.

(c) This chapter shall not apply to the following:

(1) Religious counseling;

(2) Peer support; and

(3) Self-help materials and educational resources that are available to the public and do not purport to offer therapy or psychotherapy services.

(4) Any artificial intelligence tool or system that has been reviewed and cleared for use by the federal Food and Drug Administration, or another federal agency tasked with approving artificial intelligence and artificial intelligence algorithms for use in health care.

(5) Research pursuant to the patient consent and/or de-identification requirements of 21 C.F.R. Pt. 50 and/or 45 C.F.R. Pt. 46 approved by a healthcare facility’s institutional review board pursuant to § 23-17-19.1. 40.1-5.5-6. Rules and Regulations. The executive office of health and human services is authorized to promulgate rules and regulations to carry out the intent of this chapter.

SECTION 2. This act shall take effect upon passage.