From requiring companies to disclose that chatbots are not human to restricting the technology’s use in treating students, these five states have passed laws or created agencies to address AI’s role in mental health.
- Tennessee bill signed into law April 1 will prohibit the development or deployment of AI systems that present themselves as qualified mental health professionals, effective July 1. Violations are considered unfair or deceptive acts and are subject to associated penalties, including restraining orders, injunctions, private rights of action and damages. Each violation carries a civil penalty of $5,000.
- Illinois enacted a law restricting the use of artificial intelligence in therapy and psychotherapy services. The legislation prohibits the use of AI for mental health and therapeutic decision-making. It permits AI only for administrative and supplementary support functions performed by licensed behavioral health professionals.
- A New York law that goes into effect Nov. 5 will require companies to release a disclaimer stating their companion chatbots are not human. Users who turn to a bot for emotional support and express suicidal thoughts must be prompted to reach out to the country’s 988 suicide and crisis lifeline or another network. Companies that fail to comply will be fined.
- Nevada adopted a policy on the ethical use of AI in November. Since then, a law focusing on mental health and AI has imposed restrictions on behavioral healthcare providers from using AI systems while treating patients. It also bans the programming of AI to act as a mental health professional and prohibits school counselors and psychologists from using AI to perform their work.
- Utah in July formed the Office of Artificial Intelligence to focus on AI policy, regulation and innovation. The office plans to address the mental health crisis across the state, KUER reported July 9. The office launched an AI laboratory program that focuses on creating regulatory solutions for AI applications to ensure community safety while still encouraging innovation. In addition, a new state law requires companies to disclose that mental health chatbots are not human to users.
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