Bill > HB455

This bill establishes new regulations for the use of artificial intelligence (AI) by licensed professionals providing therapy or psychotherapy services in Kentucky, with an emergency clause for immediate effect. It defines key terms like "administrative support" (tasks that assist professionals without involving direct therapeutic communication), "artificial intelligence" (as defined in existing law), "consent" (requiring a clear, explicit, and revocable agreement), "licensed professional" (including psychologists, social workers, counselors, and others providing mental health services, but excluding physicians), "peer support" (encouragement from individuals with lived experience), "permitted use of artificial intelligence" (AI used for administrative or supplementary support under professional supervision), "relevant board" (the licensing body for the professional), "religious counseling" (faith-based guidance not presented as clinical services), "supplementary support" (assistance with records, data analysis, or resource identification), "therapeutic communication" (interactions aimed at diagnosing or treating mental health concerns), and "therapy or psychotherapy services" (mental health services provided by a licensed professional, excluding religious counseling, peer support, and self-help). The bill prohibits licensed professionals from using AI for supplementary support if a client's session is recorded or transcribed without explicit written consent detailing the AI's purpose, and mandates that AI cannot make independent therapeutic decisions or generate treatment plans without professional review. It also requires that all therapy or psychotherapy services advertised or offered to the public must be conducted by a licensed professional, and all records and communications between professionals and clients must remain confidential. Violations can result in civil penalties of up to $10,000 per violation, assessed by the relevant licensing board after a hearing, and the boards are granted authority to investigate violations. The regulations do not apply to religious counseling, peer support, or publicly available self-help materials.