Bill > HB4770

This bill establishes limitations on the use of artificial intelligence (AI), defined as a machine-based system that makes predictions, recommendations, or decisions influencing environments, in the delivery of mental health care in West Virginia, with exceptions for administrative support functions. Specifically, policies, plans, or contracts issued or renewed on or after January 1, 2027, must comply with these new provisions, which clarify that AI can be used for administrative support or supplementary assistance in therapy, but the licensed professional remains fully responsible and cannot allow AI to make independent therapeutic decisions, directly engage in therapeutic communication, generate recommendations without review, or detect emotions for diagnostic or treatment purposes. The bill also requires clear notification to users when they are interacting with an AI companion, which is defined as an AI system designed to simulate a sustained human-like relationship, and mandates written consent if AI is used to record or transcribe therapy sessions. Furthermore, it prohibits AI from being presented as a licensed professional or crisis service, and restricts its use in peer support, religious counseling, and digital mental wellness services unless approved by a licensed professional, with violations potentially resulting in civil penalties.

Budget and Finance, Health and Social Services

http://www.wvlegislature.gov/Bill_Status/Bills_history.cfm?input=4770&year=2026&sessiontype=RS&btype=bill