Bill > HB668

This bill permits mental health service providers in Virginia to use artificial intelligence (AI) systems for administrative support, which includes tasks like scheduling, billing, and drafting general communications, and for supplementary support, but strictly prohibits AI from providing therapy or counseling services independently. If an AI system is used in conjunction with therapy or counseling, the mental health service provider must maintain full responsibility, disclose the AI's use and purpose to the patient, and obtain written or digital consent, especially if sessions are recorded or transcribed. The bill defines "administrative support" as non-therapeutic tasks, "artificial intelligence system" broadly, and "therapeutic communication" as interactions aimed at diagnosing, treating, or addressing mental health concerns. It also clarifies that AI cannot make independent therapeutic decisions, directly interact with clients in therapeutic communication without oversight, or generate therapeutic recommendations, diagnoses, or treatment plans without professional review and approval. Records and communications must adhere to health records privacy requirements, with exceptions for religious counseling, peer support, and publicly available self-help or educational materials. Violations of these provisions can result in a civil penalty of up to $10,000.

Business and Industry

https://lis.virginia.gov/bill-details/20261/HB668