Bill > HF3893

This bill establishes regulations for the use of artificial intelligence (AI) systems in psychotherapy services in Minnesota, defining key terms like "artificial intelligence system" (any machine-based system that generates outputs like content or decisions), "licensed professional" (individuals licensed to provide therapy), and "therapeutic communication" (interactions intended to diagnose or treat mental health concerns). It prohibits AI from making independent therapeutic decisions, engaging in direct therapeutic communication with clients, or generating treatment plans without professional review, and also prevents AI from providing psychological assessments. Licensed professionals can use AI for "administrative or supplementary support," which includes tasks like record-keeping and scheduling, but they must maintain full responsibility. The bill mandates that if an AI chatbot communicates with a client, it must immediately disclose it's not human and advise the client to consult a person if they share mental health information. It also requires explicit written consent for "ambient listening" (AI that can hear and transcribe conversations), detailing risks and data handling. Violations by licensed professionals can result in civil penalties up to $50,000 per violation, determined by their respective licensing boards, with provisions for hearings and appeals. The Attorney General can enforce the law against non-licensed individuals or entities. Exceptions are made for religious counseling, peer support, and publicly available self-help materials.