Bill > S2197

This bill, titled the "Oversight of Artificial Intelligence Technology in Mental Health Care Act," establishes regulations for the use of artificial intelligence (AI) in mental health treatments, taking effect upon passage. It defines key terms such as "administrative support" (tasks like scheduling and billing that don't involve communication), "artificial intelligence" (machine systems making predictions or decisions), "consent" (explicit, written agreement), "licensed professional" (individuals licensed to provide therapy or psychotherapy), "peer support" (guidance from those with lived experience), "permitted use of artificial intelligence" (AI used by licensed professionals for administrative or supplementary support with full professional responsibility), "religious counseling" (faith-based guidance by clergy), "supplementary support" (tasks assisting licensed professionals that aren't administrative or therapeutic communication), and "therapeutic communication" (interactions aimed at diagnosing or treating mental health concerns). The bill prohibits licensed professionals from using AI designed to simulate emotional attachment or AI companions for mental health support if client sessions are recorded or transcribed, unless the client provides written informed consent detailing the AI's use and purpose. It also mandates that any AI-driven therapy or psychotherapy services offered to the public in the state must be conducted by a licensed professional, and licensed professionals cannot allow AI to make independent therapeutic decisions, directly engage in therapeutic communication with clients, generate treatment plans, or detect emotions. The bill emphasizes the confidentiality of all client records and communications, with penalties for violations, and grants the director of the department of health authority to investigate violations, while exempting religious counseling, peer support, and publicly available self-help materials from these regulations. The director is also authorized to create rules and regulations to implement this act.

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