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2026 -- S 2197 SUBSTITUTE A AS AMENDED
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LC004017/SUB A
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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:
Senators Urso, Tikoian, Zurier, Burke, Gu, Paolino, DiPalma, and
Date Introduced:
January 23, 2026
Referred To:
Senate Artificial Intelligence & Emerging Tech
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 or
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provider in the delivery of therapy or psychotherapy services that do not involve therapeutic
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communication. "Administrative 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.
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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) "Licensed professional or provider" means an individual who holds a valid license,
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credential, or certification issued by this state to provide therapy or psychotherapy services.
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(5) "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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(6) "Permitted use of artificial intelligence" means the use of artificial intelligence tools or
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systems by a licensed professional or provider to assist in providing administrative support or
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supplementary support in therapy or psychotherapy services where the licensed professional or
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provider maintains responsibility for clinical judgement and reasonable therapeutic oversight of the
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patient's use of the system, but not for vendor-controlled system design, algorithms, or outputs.
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(7) "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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(8) "Supplementary support" means tasks performed to assist a licensed professional or
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provider in the delivery of therapy or psychotherapy services that do not involve therapeutic
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communication and that are not administrative support. "Supplementary support" includes, but is
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not limited to, the following:
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(i) Preparing and maintaining client records, including therapy notes;
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(ii) Analyzing data to track client progress or identify trends, subject to review by a
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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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(9) "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 or treat an individual's
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mental, emotional, or behavioral health concerns. "Therapeutic communication" includes, but is
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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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(10) "Therapy or psychotherapy services" means services provided to diagnose or treat an
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individual's mental health or behavioral health. "Therapy or psychotherapy services" does not
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include religious counseling or peer support.
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40.1-5.5-3. Artificial intelligence in mental health care: use restrictions and
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permissions.
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(a) No licensed professional or provider shall be permitted to use artificial intelligence,
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designed to simulate emotional attachment, bonding, or dependency or artificial intelligence
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companions for mental health or emotional support, to assist in supplementary support or
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therapeutic communication in therapy or psychotherapy services where the client's therapeutic
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session is recorded or transcribed unless the patient or the patient's parent, guardian or other legally
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authorized representative is informed in writing of the following and provides consent as defined
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in § 40.1-5.5-2:
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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 or provider.
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(c) A licensed professional or provider may use artificial intelligence only to the extent that
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such use meets the requirements of subsection (a) of this section. A licensed professional or
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provider may not allow or 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 without an
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established relationship when the licensed professional or provider agrees to undertake diagnosis
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and treatment of the patient and the patient consents under this section, whether or not there has
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been an in-person encounter between the licensed professional or provider and the patient. The
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provider retains responsibility for clinical judgement and reasonable therapeutic oversight of the
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patient's use of the system, but not for vendor-controlled system design, algorithms, or outputs; or
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(3) Determine therapeutic recommendations or treatment plans.
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(d) If a client discloses that they are using software that includes AI features on their own
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initiative, the licensed professional or provider may discuss the client's use of the software and offer
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guidance about the client's use of the software. The licensed professional is responsible for
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maintaining confidentiality and monitoring the safety of the client, intervening when necessary to
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protect the safety of the client, and to discuss limitations and risks using the software poses to the
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patient.
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40.1-5.5-4. Confidentiality of records.
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All records kept by a licensed professional or provider and all communications between an
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individual seeking therapy or psychotherapy services and a licensed professional or provider shall
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be confidential and shall not be disclosed except as provided pursuant to the provisions of § 40.1-
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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 executive office of health and human services shall have authority to investigate
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any actual, alleged, or suspected 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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(4) Any artificial intelligence tool or system that has been reviewed and cleared for use by
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the federal Food and Drug Administration, or another federal agency tasked with approving
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artificial intelligence and artificial intelligence algorithms for use in health care.
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(5) Research pursuant to the patient consent and/or de-identification requirements of 21
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C.F.R. Pt. 50 and/or 45 C.F.R. Pt. 46 approved by a healthcare facility’s institutional review board
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pursuant to § 23-17-19.1.
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40.1-5.5-6. Rules and Regulations.
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The executive office of health and human services is authorized to promulgate rules and
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regulations 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
***
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This act would establish regulations regarding the use of artificial intelligence in mental
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healthcare treatments.
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This act would take effect upon passage.
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