2026 -- H 8242

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LC005354

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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 BUSINESSES AND PROFESSIONS -- WELLNESS AND OVERSIGHT FOR

PSYCHOLOGICAL RESOURCES ACT

     Introduced By: Representatives Shallcross Smith, Spears, Ackerman, Casimiro, Fellela,
Donovan, Hull, Fogarty, and Read

     Date Introduced: March 06, 2026

     Referred To: House Corporations

     It is enacted by the General Assembly as follows:

     SECTION 1. Title 5 of the General Laws entitled "BUSINESSES AND PROFESSIONS"

is hereby amended by adding thereto the following chapter:

CHAPTER 63.3

     WELLNESS AND OVERSIGHT FOR PSYCHOLOGICAL RESOURCES ACT

     5-63.3-1. Short title.

     This chapter shall be known and may be cited as the “Wellness and Oversight for

Psychological Resources Act”.

     5-63.3-2. Legislative purpose.

     It is the purpose of this chapter to safeguard individuals seeking therapy or psychotherapy

services by ensuring these services are delivered by qualified, licensed, or certified professionals.

This chapter is intended to protect consumers from unlicensed or unqualified providers, including

unregulated artificial intelligence systems, while respecting individual choice and access to

community-based and faith-based mental health support.

     5-63.3-3. Definitions.

     As used in this chapter, the following words and terms shall have the following meanings

unless the context shall clearly indicate another or different meaning or intent:

     (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" means a machine-based system that, for explicit or implicit

objectives, infers from the input it receives how to generate output such as predictions, content,

recommendations, or decisions that can influence real or virtual environments. "Artificial

intelligence" includes generative artificial intelligence, which consists of an automated computing

system that, when prompted with human prompts, descriptions, or queries, can produce outputs

that simulate human-produced content including, but not limited to, the following:

     (i) Textual outputs, such as short answers, essays, or poetry or longer compositions or

answers;

     (ii) Image outputs, such as fine art, photographs, conceptual art, diagrams, or other images;

     (iii) Multimedia outputs, such as audio or video in the form of compositions or songs or

short-form or long-form audio or video; and

     (iv) Other content that would be otherwise produced by human means.

     (3) "Consent" means a clear, explicit affirmative act by an individual that:

     (i) Unambiguously communicates the individual's express, freely given, informed,

voluntary, specific, and unambiguous written agreement, including a written agreement provided

by electronic means; and

     (ii) Is revocable by the individual. "Consent" does not include an agreement that is obtained

by the following:

     (A) 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;

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

content; or

     (C) An agreement obtained through the use of deceptive actions.

     (4) "Department" means the Rhode Island department health.

     (5) "Licensed professional" means an individual who holds a valid license issued by this

state to provide therapy or psychotherapy services, including:

     (i) Advanced practice registered nurse (APRN) pursuant to § 40.1-5-2;

     (ii) Certified nurse practitioner (CNP) or certified clinical nurse specialist as defined under

§ 5-34-3 and pursuant to § 40.1-5-2;

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     (iii) Clinical mental health counselor associate, or clinical mental health counselor pursuant

to § 5-63.2-9;

     (iv) Marriage and family therapist associate, or marriage and family therapist, pursuant to

§ 5-63.2-10;

     (v) Mental health professional pursuant to § 40.1-5-2;

     (vi) Physician pursuant to chapter 37 of title 5;

     (vii) Psychiatric nurse clinician pursuant to § 40.1-5-2;

     (viii) Psychiatrist pursuant to § 40.1-5-2;

     (ix) Psychologist pursuant to § 40.1-5-2;

     (x) Qualified mental health professional (QMHP) pursuant to § 40.1-5-2; and

     (xi) Social worker pursuant to § 40.1-5-2.

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

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

understanding, and guidance without clinical intervention.

     (7) "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.

     (8) "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 professional; and

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

     (9) "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;

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     (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;

and

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

mental health conditions.

     (10) "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.

     5-63.3-4. Permitted use of artificial intelligence.

     Artificial intelligence as defined in this chapter, may be used 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 section. No licensed

professional shall be permitted to use artificial intelligence to assist in providing supplementary

support in therapy or psychotherapy where the client's therapeutic session is recorded or transcribed

unless:

     (1) The patient or the patient's legally authorized representative is informed in writing of

the following:

     (i) That artificial intelligence will be used; and

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

     (2) The patient or the patient's legally authorized representative provides consent to the use

of artificial intelligence.

     5-63.3-5. Prohibition on unauthorized therapy services.

     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. A licensed professional may use artificial intelligence systems only

to the extent the use meets the requirements of § 5-63.3-4. A licensed professional may not allow

an artificial intelligence system 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 without review and approval

by the licensed professional; or

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     (4) Detect emotions or mental states.

     5-63.3-6. Disclosure of records and communications.

     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 required under the confidentiality of health care communications

and information act (chapter 37.3 of title 5).

     5-63.3-7. Enforcement and penalties.

     (a) The department shall have authority to investigate any actual, alleged, or suspected

violation of this chapter.

     (b) Any individual, corporation, or entity found in violation of this chapter shall be subject

to enforcement and discipline with penalties assessed based on the degree of harm and the

circumstances of the violation pursuant to the enforcement and penalty provisions of chapter 63.2

of title 5.

     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 BUSINESSES AND PROFESSIONS -- WELLNESS AND OVERSIGHT FOR

PSYCHOLOGICAL RESOURCES ACT

***

     This act would establish an oversight process which would safeguard individuals seeking

therapy or psychotherapy services by ensuring that the services are delivered by qualified, licensed,

or certified professionals. In addition this act would protect consumers from unlicensed or

unqualified providers, including unregulated artificial intelligence systems, while respecting

individual choice and access to community-based and faith-based mental health support.

     This act would take effect upon passage.

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