2026 -- H 7349

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LC004589

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2026

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A N   A C T

RELATING TO BEHAVIORAL HEALTHCARE, DEVELOPMENTAL DISABILITIES AND

HOSPITALS -- OVERSIGHT OF ARTIFICIAL INTELLIGENCE TECHNOLOGY IN

MENTAL HEALTH CARE ACT

     Introduced By: Representatives Spears, Carson, Messier, Speakman, Shanley, McEntee,
Baginski, Kazarian, Cotter, and Donovan

     Date Introduced: January 28, 2026

     Referred To: House Health & Human Services

     It is enacted by the General Assembly as follows:

     SECTION 1. Title 40.1 of the General Laws entitled "BEHAVIORAL HEALTHCARE,

DEVELOPMENTAL DISABILITIES AND HOSPITALS" is hereby amended by adding thereto

the following chapter:

CHAPTER 5.5

OVERSIGHT OF ARTIFICIAL INTELLIGENCE TECHNOLOGY IN MENTAL HEALTH

CARE ACT

     40.1-5.5-1. Short title.

     This chapter shall be known and may be cited as the "Oversight of Artificial Intelligence

Technology in Mental Health Care Act".

     40.1-5.5-2. Definitions.

     For the purposes of this chapter:

     (1) "Administrative support" means tasks performed to assist a licensed professional in the

delivery of therapy or psychotherapy services that do not involve communication. "Administrative

support" includes, but is not limited to, the following:

     (i) Managing appointment scheduling and reminders;

     (ii) Processing billing and insurance claims; and

     (iii) Drafting general communications related to therapy logistics that do not include

therapeutic advice.

     (2) "Artificial intelligence", "artificial intelligence technology", or "AI" means a machine-

based system that can, for a given set of human-defined objectives, make predictions,

recommendations, or decisions influencing real or virtual environments, and that uses machine and

human-based inputs to perceive real and virtual environments, abstract such perceptions into

models through analysis in an automated manner, and use model inference to formulate options for

information or action.

     (3) "Consent" means an affirmative written agreement, including by electronic means,

which unambiguously communicates the individual's explicit, express, freely given, informed,

voluntary, and specific agreement, and which is revocable by the individual. "Consent" does not

include an agreement that is obtained by the following:

     (i) The acceptance of a general or broad terms of use, agreement, or a similar document

that contains descriptions of artificial intelligence along with other unrelated information;

     (ii) An individual hovering over, muting, pausing, or closing a given piece of digital

content; or

     (iii) Using deceptive actions.

     (4) "Director" means the director of the department of health.

     (5) "Licensed professional" means an individual who holds a valid license, credential, or

certification issued by this state to practice as a psychologist, social worker, mental health

practitioner, professional substance use counselor, professional substance use prevention

practitioner, or to otherwise provide therapy or psychotherapy services including:

     (i) A licensed mental health counselor;

     (ii) A licensed marriage and family therapist;

     (iii) A licensed creative arts therapist;

     (iv) A licensed psychoanalyst;

     (v) A licensed master social worker;

     (vi) A licensed clinical social worker;

     (vii) A credentialed alcoholism and substance abuse counselor;

     (viii) A credentialed prevention professional;

     (ix) A credentialed prevention specialist;

     (x) A credentialed alcoholism and substance abuse counselor, credentialed prevention

professional, or credentialed prevention specialist with an additional gambling designation;

     (xi) A certified problem gambling counselor;

     (xii) A credentialed alcoholism and substance abuse counselor trainee;

     (xiii) Any other person holding any other credential that may be overseen by units or

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divisions providing addiction services and supports; or

     (xiv) Any other professional licensed, credentialed, certified, or otherwise authorized by

this state to provide therapy or psychotherapy services, except for a physician.

     (6) "Peer support" means services provided by individuals with lived experience of mental

health conditions or recovery from substance use or gambling that are intended to offer

encouragement, understanding, and guidance without clinical intervention.

     (7) "Permitted use of artificial intelligence" means the use of artificial intelligence tools or

systems by a licensed professional to assist in providing administrative support or supplementary

support in therapy or psychotherapy services where the licensed professional maintains full

responsibility for all interactions, outputs, and data use associated with the system and satisfies the

requirements of this chapter.

     (8) "Religious counseling" means counseling provided by clergy members, pastoral

counselors, or other religious leaders acting within the scope of their religious duties if the services

are explicitly faith-based and are not represented as clinical mental health services or therapy or

psychotherapy services.

     (9) "Supplementary support" means tasks performed to assist a licensed professional in the

delivery of therapy or psychotherapy services that do not involve therapeutic communication and

that are not administrative support. "Supplementary support" includes, but is not limited to, the

following:

     (i) Preparing and maintaining client records, including therapy notes;

     (ii) Analyzing anonymized data to track client progress or identify trends, subject to review

by a licensed, credentialed, or certified professional; and

     (iii) Identifying and organizing external resources or referrals for client use.

     (10) "Therapeutic communication" means any verbal, non-verbal, or written interaction

conducted in a clinical or professional setting that is intended to diagnose, treat, or address an

individual's mental, emotional, or behavioral health concerns. "Therapeutic communication"

includes, but is not limited to:

     (i) Direct interactions with clients for the purpose of understanding or reflecting their

thoughts, emotions, or experiences;

     (ii) Providing guidance, therapeutic strategies, or interventions designed to achieve mental

health outcomes;

     (iii) Offering emotional support, reassurance, or empathy in response to psychological or

emotional distress;

     (iv) Collaborating with clients to develop or modify therapeutic goals or treatment plans;

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and

     (v) Offering behavioral feedback intended to promote psychological growth or address

mental health conditions.

     (11) "Therapy or psychotherapy services" means services provided to diagnose, treat, or

improve an individual's mental health or behavioral health. "Therapy or psychotherapy services"

does not include religious counseling or peer support.

     40.1-5.5-3. Use of artificial intelligence in mental health care.

     (a) No licensed professional shall be permitted to use artificial intelligence, designed to

simulate emotional attachment, bonding, or dependency or artificial intelligence companions for

mental health or emotional support, to assist in providing supplementary support in therapy or

psychotherapy services where the client's therapeutic session is recorded or transcribed unless the

patient or the patient's parent, guardian or other legally authorized representative is informed in

writing of the following:

     (1) That artificial intelligence will be used;

     (2) The specific purpose of the artificial intelligence tool or system that will be used; and

     (3) The patient or the patient's parents, or other legally authorized representative, provides

consent to the use of artificial intelligence.

     (b) An individual, corporation, or entity may not provide, advertise, or otherwise offer

therapy or psychotherapy services, including through the use of Internet-based artificial

intelligence, to the public in this state unless the therapy or psychotherapy services are conducted

by an individual who is a licensed professional.

     (c) A licensed professional may use artificial intelligence only to the extent that such use

meets the requirements of subsection (a) of this section. A licensed professional may not allow or

otherwise use artificial intelligence to do any of the following:

     (1) Make independent therapeutic decisions;

     (2) Directly interact with clients in any form of therapeutic communication;

     (3) Generate therapeutic recommendations or treatment plans; or

     (4) Detect emotions or mental states.

     40.1-5.5-4. Confidentiality of records.

     All records kept by a licensed professional and all communications between an individual

seeking therapy or psychotherapy services and a licensed professional shall be confidential and

shall not be disclosed except as provided pursuant to the provisions of § 40.1-5-26.

     40.1-5.5-5. Penalties.

     (a) The penalties pursuant to § 5-37.3-9 shall apply to any violation of the confidentiality

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provisions of this chapter.

     (b) The director shall have authority to investigate any actual, alleged, or suspected

violation of this chapter.

     (c) This chapter shall not apply to the following:

     (1) Religious counseling;

     (2) Peer support; and

     (3) Self-help materials and educational resources that are available to the public and do not

purport to offer therapy or psychotherapy services.

     40.1-5.5-6. Rules and Regulations.

     The director of the department of health is authorized to promulgate rules and regulations

to carry out the intent of this chapter.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO BEHAVIORAL HEALTHCARE, DEVELOPMENTAL DISABILITIES AND

HOSPITALS -- OVERSIGHT OF ARTIFICIAL INTELLIGENCE TECHNOLOGY IN

MENTAL HEALTH CARE ACT

***

     This act would establish regulations regarding the use of artificial intelligence in mental

healthcare treatments.

     This act would take effect upon passage.

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