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S2197AaaMedical Services

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

This bill regulates how licensed mental health professionals can use artificial intelligence when providing therapy and psychotherapy services.

Introduced36 Yea0 Nay2 Not voting
Population
Affected
25
Email Legislator
Introduced Jan 23, 2026Committee Senate Artificial Intelligence & Emerging Tech

Plain-English Summary

This bill regulates the use of artificial intelligence (AI) in mental health care. It requires mental health providers to get explicit, written consent from patients before using AI tools that simulate emotional attachment or record therapy sessions. It prohibits AI from making independent treatment decisions, determining treatment plans, or providing therapy without a licensed professional's oversight. Furthermore, it forbids businesses from offering AI-based therapy to the public unless a licensed provider conducts it. The bill exempts religious counseling, peer support, self-help materials, and FDA-approved AI tools. It also enforces strict confidentiality rules for AI-assisted therapy records.

For younger readers

This bill makes rules for using artificial intelligence, or "AI," in mental health therapy. AI is when computers are programmed to think and learn like humans. The bill says that a real human doctor or therapist must be completely in charge of the therapy. A computer program cannot make medical decisions or give therapy on its own. If a therapist wants to use AI to help take notes or record a session, they have to ask the patient for permission first. The bill also makes sure that all patient information stays private and safe.

Who & Where It Applies

Impacted groups
Mental health patientsLicensed mental health professionalsArtificial intelligence developersParents and guardiansReligious counselors
Impacted communities
All

Constitutional & Fiscal Check

None Likely. Regulating the practice of mental health therapy and imposing informed consent requirements for medical or psychological treatments falls well within the state's traditional police powers to protect public health and safety. While restricting AI-generated speech could raise minor First Amendment questions, courts generally uphold regulations on professional conduct and the unauthorized practice of medicine or therapy.

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 AI systems by mandating that only licensed professionals can provide therapy services.
  • Safeguards patient autonomy and privacy by requiring explicit, informed written consent that cannot be hidden in broad terms of service or obtained through deceptive digital practices.
  • Ensures strict confidentiality of mental health records generated or processed by AI, protecting sensitive personal health data from potential misuse by technology corporations.
  • May restrict access to low-cost or free AI-driven mental health support tools, potentially creating barriers for low-income individuals who cannot afford traditional licensed therapists.
  • Exempts religious counseling from oversight, which could leave vulnerable populations exposed to unregulated or harmful AI practices in faith-based settings without state protection.
  • Creates a blanket exemption for FDA-approved AI tools, failing to address potential algorithmic biases in these systems that could disproportionately misdiagnose or harm marginalized communities.
For Conservatives
  • Explicitly exempts religious counseling from state oversight, protecting religious freedom and ensuring that faith-based practices remain free from government interference.
  • Empowers parental rights and individual liberty by mandating that explicit, written consent must be obtained from a patient or their parent/guardian before AI technology is used in therapy.
  • Protects the traditional mental health profession by preventing unregulated technology companies from replacing human practitioners with automated AI systems.
  • Imposes new government regulations on the emerging artificial intelligence industry, potentially stifling free-market innovation and technological advancement in the healthcare sector.
  • Expands the administrative state by granting the executive office of health and human services broad authority to investigate private healthcare providers and businesses.
  • Adds bureaucratic red tape to private medical practices by mandating strict, highly specific consent procedures that dictate how providers must interact with their patients.

Votes

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Full Bill Text

3 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.