Bill > HB1144

This bill establishes new regulations for the use of artificial intelligence (AI) in therapy and psychotherapy services in South Dakota, defining AI as a system that infers from input to generate outputs influencing environments, and a "licensed professional" as individuals holding specific state licenses for mental health services, excluding physicians. It prohibits AI from making independent therapeutic decisions, directly interacting with clients in therapeutic communication, generating treatment plans without professional review, detecting emotions, or recording/transcribing sessions without explicit, informed, and revocable written consent from the client, and also forbids advertising AI-powered therapy services. While licensed professionals can use AI for administrative tasks like scheduling, billing, record management, and analyzing anonymized data, they remain fully responsible for its use, and violations can result in civil penalties of up to $10,000 per violation, with the Department of Health empowered to investigate. The bill also clarifies that these restrictions do not apply to faith-based counseling by religious leaders, peer support services, public self-help materials, or services provided by certified school counselors.

https://sdlegislature.gov/#/Session/Bill/26480