AN ACT RELATING TO BEHAVIORAL HEALTHCARE, DEVELOPMENTAL DISABILITIES AND HOSPITALS -- OVERSIGHT OF ARTIFICIAL INTELLIGENCE TECHNOLOGY IN MENTAL HEALTH CARE ACT (Establishes regulations regarding the use of artificial intelligence in mental health care treatments.)

H7349

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:
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SECTION 1. Title 40.1 of the General Laws entitled "BEHAVIORAL HEALTHCARE,
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DEVELOPMENTAL DISABILITIES AND HOSPITALS" is hereby amended by adding thereto
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the following chapter:
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CHAPTER 5.5
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OVERSIGHT OF ARTIFICIAL INTELLIGENCE TECHNOLOGY IN MENTAL HEALTH
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CARE ACT
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40.1-5.5-1. Short title.
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This chapter shall be known and may be cited as the "Oversight of Artificial Intelligence
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Technology in Mental Health Care Act".
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40.1-5.5-2. Definitions.
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For the purposes of this chapter:
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(1) "Administrative support" means tasks performed to assist a licensed professional in the
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delivery of therapy or psychotherapy services that do not involve communication. "Administrative
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support" includes, but is not limited to, the following:
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(i) Managing appointment scheduling and reminders;
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(ii) Processing billing and insurance claims; and
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(iii) Drafting general communications related to therapy logistics that do not include
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therapeutic advice.

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(2) "Artificial intelligence", "artificial intelligence technology", or "AI" means a machine-
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based system that can, for a given set of human-defined objectives, make predictions,
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recommendations, or decisions influencing real or virtual environments, and that uses machine and
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human-based inputs to perceive real and virtual environments, abstract such perceptions into
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models through analysis in an automated manner, and use model inference to formulate options for
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information or action.
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(3) "Consent" means an affirmative written agreement, including by electronic means,
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which unambiguously communicates the individual's explicit, express, freely given, informed,
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voluntary, and specific agreement, and which is revocable by the individual. "Consent" does not
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include an agreement that is obtained by the following:
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(i) The acceptance of a general or broad terms of use, agreement, or a similar document
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that contains descriptions of artificial intelligence along with other unrelated information;
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(ii) An individual hovering over, muting, pausing, or closing a given piece of digital
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content; or
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(iii) Using deceptive actions.
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(4) "Director" means the director of the department of health.
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(5) "Licensed professional" means an individual who holds a valid license, credential, or
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certification issued by this state to practice as a psychologist, social worker, mental health
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practitioner, professional substance use counselor, professional substance use prevention
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practitioner, or to otherwise provide therapy or psychotherapy services including:
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(i) A licensed mental health counselor;
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(ii) A licensed marriage and family therapist;
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(iii) A licensed creative arts therapist;
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(iv) A licensed psychoanalyst;
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(v) A licensed master social worker;
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(vi) A licensed clinical social worker;
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(vii) A credentialed alcoholism and substance abuse counselor;
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(viii) A credentialed prevention professional;
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(ix) A credentialed prevention specialist;
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(x) A credentialed alcoholism and substance abuse counselor, credentialed prevention
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professional, or credentialed prevention specialist with an additional gambling designation;
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(xi) A certified problem gambling counselor;
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(xii) A credentialed alcoholism and substance abuse counselor trainee;
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(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
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(xiv) Any other professional licensed, credentialed, certified, or otherwise authorized by
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this state to provide therapy or psychotherapy services, except for a physician.
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(6) "Peer support" means services provided by individuals with lived experience of mental
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health conditions or recovery from substance use or gambling that are intended to offer
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encouragement, understanding, and guidance without clinical intervention.
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(7) "Permitted use of artificial intelligence" means the use of artificial intelligence tools or
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systems by a licensed professional to assist in providing administrative support or supplementary
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support in therapy or psychotherapy services where the licensed professional maintains full
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responsibility for all interactions, outputs, and data use associated with the system and satisfies the
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requirements of this chapter.
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(8) "Religious counseling" means counseling provided by clergy members, pastoral
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counselors, or other religious leaders acting within the scope of their religious duties if the services
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are explicitly faith-based and are not represented as clinical mental health services or therapy or
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psychotherapy services.
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(9) "Supplementary support" means tasks performed to assist a licensed professional in the
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delivery of therapy or psychotherapy services that do not involve therapeutic communication and
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that are not administrative support. "Supplementary support" includes, but is not limited to, the
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following:
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(i) Preparing and maintaining client records, including therapy notes;
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(ii) Analyzing anonymized data to track client progress or identify trends, subject to review
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by a licensed, credentialed, or certified professional; and
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(iii) Identifying and organizing external resources or referrals for client use.
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(10) "Therapeutic communication" means any verbal, non-verbal, or written interaction
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conducted in a clinical or professional setting that is intended to diagnose, treat, or address an
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individual's mental, emotional, or behavioral health concerns. "Therapeutic communication"
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includes, but is not limited to:
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(i) Direct interactions with clients for the purpose of understanding or reflecting their
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thoughts, emotions, or experiences;
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(ii) Providing guidance, therapeutic strategies, or interventions designed to achieve mental
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health outcomes;
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(iii) Offering emotional support, reassurance, or empathy in response to psychological or
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emotional distress;
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(iv) Collaborating with clients to develop or modify therapeutic goals or treatment plans;

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and
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(v) Offering behavioral feedback intended to promote psychological growth or address
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mental health conditions.
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(11) "Therapy or psychotherapy services" means services provided to diagnose, treat, or
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improve an individual's mental health or behavioral health. "Therapy or psychotherapy services"
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does not include religious counseling or peer support.
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40.1-5.5-3. Use of artificial intelligence in mental health care.
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(a) No licensed professional shall be permitted to use artificial intelligence, designed to
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simulate emotional attachment, bonding, or dependency or artificial intelligence companions for
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mental health or emotional support, to assist in providing supplementary support in therapy or
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psychotherapy services where the client's therapeutic session is recorded or transcribed unless the
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patient or the patient's parent, guardian or other legally authorized representative is informed in
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writing of the following:
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(1) That artificial intelligence will be used;
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(2) The specific purpose of the artificial intelligence tool or system that will be used; and
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(3) The patient or the patient's parents, or other legally authorized representative, provides
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consent to the use of artificial intelligence.
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(b) An individual, corporation, or entity may not provide, advertise, or otherwise offer
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therapy or psychotherapy services, including through the use of Internet-based artificial
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intelligence, to the public in this state unless the therapy or psychotherapy services are conducted
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by an individual who is a licensed professional.
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(c) A licensed professional may use artificial intelligence only to the extent that such use
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meets the requirements of subsection (a) of this section. A licensed professional may not allow or
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otherwise use artificial intelligence to do any of the following:
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(1) Make independent therapeutic decisions;
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(2) Directly interact with clients in any form of therapeutic communication;
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(3) Generate therapeutic recommendations or treatment plans; or
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(4) Detect emotions or mental states.
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40.1-5.5-4. Confidentiality of records.
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All records kept by a licensed professional and all communications between an individual
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seeking therapy or psychotherapy services and a licensed professional shall be confidential and
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shall not be disclosed except as provided pursuant to the provisions of § 40.1-5-26.
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40.1-5.5-5. Penalties.
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(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.
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(b) The director shall have authority to investigate any actual, alleged, or suspected
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violation of this chapter.
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(c) This chapter shall not apply to the following:
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(1) Religious counseling;
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(2) Peer support; and
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(3) Self-help materials and educational resources that are available to the public and do not
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purport to offer therapy or psychotherapy services.
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40.1-5.5-6. Rules and Regulations.
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The director of the department of health is authorized to promulgate rules and regulations
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to carry out the intent of this chapter.
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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
***
1
This act would establish regulations regarding the use of artificial intelligence in mental
2
healthcare treatments.
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This act would take effect upon passage.
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