H 8242Licensing & Accreditation

Businesses and Professions - Wellness and Oversight for Psychological Resources Act

This bill bans AI from acting as a therapist but allows licensed professionals to use it for paperwork and scheduling.

Held for study

Population
Affected

Introduced Mar 6, 2026Committee House Corporations

Plain-English Summary

This legislation regulates the use of Artificial Intelligence (AI) in mental health therapy. It establishes that only licensed human professionals can provide therapy or psychotherapy services. While licensed professionals are permitted to use AI for administrative tasks—such as scheduling, billing, and organizing notes—with patient consent, the bill strictly prohibits AI from conducting therapeutic sessions, making treatment decisions, or directly interacting with patients to detect emotions. The bill also includes exemptions for peer support groups and religious counseling services.

For younger readers

This rule is about computers and feelings. Sometimes people talk to helpers called therapists when they feel sad or worried. This rule says that a computer or robot cannot be the therapist. Only a real person can be a therapist. The real person can use the computer to help them write down notes or remember appointment times, but the computer is not allowed to give advice or try to understand how you feel. The rule makes sure a human is always in charge of helping you.

Who & Where It Applies

Impacted groups

Licensed mental health professionalsPatients seeking therapyArtificial Intelligence software developersTech companies offering mental health appsReligious counselors

Impacted communities

All

Constitutional & Fiscal Check

None Likely

Estimated cost

Amount unknown

Estimated revenue

Amount unknown

Bill Analysis

Both viewpoints

For Progressives

Protects patients from potentially exploitative or biased corporate algorithms that might prioritize profit or data collection over genuine mental health care and patient well-being.
Safeguards the labor market for human mental health professionals by preventing the automation of care and ensuring that therapy remains a human-centered service.
Enhances patient privacy and consent rights by requiring explicit permission before AI is used for administrative tasks or note-taking during sensitive therapy sessions.
May limit access to mental health resources for low-income individuals who cannot afford human therapists and might otherwise benefit from low-cost, AI-driven therapeutic tools.
The broad exemption for religious counseling allows faith-based providers to operate without the same oversight, potentially leaving some community members vulnerable to unregulated practices.
Prohibiting AI from "detecting emotions" could stifle the development of assistive technologies that might help non-verbal individuals or those with autism communicate their feelings to providers.

For Conservatives

Explicitly protects religious freedom by exempting clergy and pastoral counselors from these state regulations, allowing faith-based guidance to continue without government interference.
Prevents "Big Tech" companies from replacing traditional medical professionals and exerting undue influence over the mental health and private thoughts of citizens.
Upholds the integrity of professional standards and accountability, ensuring that liability for care remains with a responsible individual rather than a faceless algorithm.
Represents government overreach into the private market by dictating exactly how businesses and professionals can utilize emerging technologies to improve efficiency.
Stifles innovation and economic growth in the technology sector by banning specific software capabilities like emotion detection before they can fully mature.
Imposes new administrative burdens on private practices by requiring additional specific written consent forms for the use of standard office technologies.

Votes

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Full Bill Text

Changes to existing Rhode Island law · 129 additions

SECTION 1. Title 5 of the General Laws entitled "BUSINESSES AND PROFESSIONS" is hereby amended by adding thereto the following chapter: 5-63.3-1. Short title. This chapter shall be known and may be cited as the “Wellness and Oversight for Psychological Resources Act”. 5-63.3-2. Legislative purpose. It is the purpose of this chapter to safeguard individuals seeking therapy or psychotherapy services by ensuring these services are delivered by qualified, licensed, or certified professionals. This chapter is intended to protect consumers from unlicensed or unqualified providers, including unregulated artificial intelligence systems, while respecting individual choice and access to community-based and faith-based mental health support. 5-63.3-3. Definitions. As used in this chapter, the following words and terms shall have the following meanings unless the context shall clearly indicate another or different meaning or intent:

(1) "Administrative support" means tasks performed to assist a licensed professional in the delivery of therapy or psychotherapy services that do not involve 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" means a machine-based system that, for explicit or implicit objectives, infers from the input it receives how to generate output such as predictions, content, recommendations, or decisions that can influence real or virtual environments. "Artificial intelligence" includes generative artificial intelligence, which consists of an automated computing system that, when prompted with human prompts, descriptions, or queries, can produce outputs that simulate human-produced content including, but not limited to, the following:

(i) Textual outputs, such as short answers, essays, or poetry or longer compositions or answers;

(ii) Image outputs, such as fine art, photographs, conceptual art, diagrams, or other images;

(iii) Multimedia outputs, such as audio or video in the form of compositions or songs or short-form or long-form audio or video; and

(iv) Other content that would be otherwise produced by human means.

(3) "Consent" means a clear, explicit affirmative act by an individual that:

(i) Unambiguously communicates the individual's express, freely given, informed, voluntary, specific, and unambiguous written agreement, including a written agreement provided by electronic means; and

(ii) Is revocable by the individual. "Consent" does not include an agreement that is obtained by the following:

(A) 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;

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

(4) "Department" means the Rhode Island department health.

(5) "Licensed professional" means an individual who holds a valid license issued by this state to provide therapy or psychotherapy services, including:

(i) Advanced practice registered nurse (APRN) pursuant to § 40.1-5-2;

(ii) Certified nurse practitioner (CNP) or certified clinical nurse specialist as defined under § 5-34-3 and pursuant to § 40.1-5-2;

(iii) Clinical mental health counselor associate, or clinical mental health counselor pursuant to § 5-63.2-9;

(iv) Marriage and family therapist associate, or marriage and family therapist, pursuant to § 5-63.2-10;

(v) Mental health professional pursuant to § 40.1-5-2;

(vi) Physician pursuant to chapter 37 of title 5;

(vii) Psychiatric nurse clinician pursuant to § 40.1-5-2;

(viii) Psychiatrist pursuant to § 40.1-5-2;

(ix) Psychologist pursuant to § 40.1-5-2;

(x) Qualified mental health professional (QMHP) pursuant to § 40.1-5-2; and

(xi) Social worker pursuant to § 40.1-5-2.

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

(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 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 anonymized data to track client progress or identify trends, subject to review by a licensed 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, treat, or address 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, treat, or improve an individual's mental health or behavioral health. "Therapy or psychotherapy services" does not include religious counseling or peer support. 5-63.3-4. Permitted use of artificial intelligence. Artificial intelligence as defined in this chapter, may be used by a licensed professional to assist in providing administrative support or supplementary support in therapy or psychotherapy services where the licensed professional maintains full responsibility for all interactions, outputs, and data use associated with the system and satisfies the requirements of this section. No licensed professional shall be permitted to use artificial intelligence to assist in providing supplementary support in therapy or psychotherapy where the client's therapeutic session is recorded or transcribed unless:

(1) The patient or the patient's legally authorized representative is informed in writing of the following:

(i) That artificial intelligence will be used; and

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

(2) The patient or the patient's legally authorized representative provides consent to the use of artificial intelligence. 5-63.3-5. Prohibition on unauthorized therapy services. 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. A licensed professional may use artificial intelligence systems only to the extent the use meets the requirements of § 5-63.3-4. A licensed professional may not allow an artificial intelligence system to do any of the following:

(1) Make independent therapeutic decisions;

(2) Directly interact with clients in any form of therapeutic communication;

(3) Generate therapeutic recommendations or treatment plans without review and approval by the licensed professional; or

(4) Detect emotions or mental states. 5-63.3-6. Disclosure of records and communications. All records kept by a licensed professional and all communications between an individual seeking therapy or psychotherapy services and a licensed professional shall be confidential and shall not be disclosed except as required under the confidentiality of health care communications and information act (chapter 37.3 of title 5). 5-63.3-7. Enforcement and penalties.

(a) The department shall have authority to investigate any actual, alleged, or suspected violation of this chapter.

(b) Any individual, corporation, or entity found in violation of this chapter shall be subject to enforcement and discipline with penalties assessed based on the degree of harm and the circumstances of the violation pursuant to the enforcement and penalty provisions of chapter 63.2 of title 5.

SECTION 2. This act shall take effect upon passage.