Bill > SB903

This bill, titled the Wellness and Oversight for Psychological Resources Act, aims to safeguard individuals seeking therapy or psychotherapy services by establishing new regulations for the use of artificial intelligence (AI) by licensed mental health professionals in California. The act defines "artificial intelligence" as an engineered or machine-based system that can infer from input to generate outputs influencing environments, and "licensed professional" as individuals holding a valid state license to provide therapy or psychotherapy, such as psychologists, social workers, counselors, and marriage and family therapists. Key provisions include requiring licensed professionals to obtain explicit, informed, and voluntary written consent from patients or their representatives before using AI to assist in therapy or psychotherapy sessions that are recorded or transcribed, and prohibiting AI from making independent therapeutic decisions, directly engaging in therapeutic communication (unless FDA-approved and HIPAA-compliant), generating treatment plans without professional review, or detecting emotions. Furthermore, the bill mandates that any entity offering therapy or psychotherapy services, including through internet-based AI, must ensure these services are conducted by a licensed professional, and it grants the Department of Consumer Affairs the authority to investigate violations and impose civil penalties of up to $10,000 per violation. Importantly, the act clarifies that these regulations do not apply to religious counseling, peer support, or general self-help materials.

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https://leginfo.legislature.ca.gov/faces/billStatusClient.xhtml?bill_id=202520260SB903