WHAT THIS BILL REGULATES · 3 REQUIREMENT TYPES
How Is This Bill Enforced
Verbatim statutory text on the left; plain-language analysis and a per-section checklist on the right. Numbered markers cross-link to the matching checklist row.
The purpose of this act is to regulate the use of Artificial IntelligenceArtificial Intelligence"Artificial Intelligence" or "AI" means any technology that can simulate human intelligence, including but not limited to, natural language processing, training language models, reinforcement learning from human feedback and machine learning systems.Section 2(a) (AI) in providing mental health servicesMental health services"Mental health services" means any service provided by a licensed mental health professional for the purpose of diagnosing, treating, or preventing mental illness or emotional or behavioral disorders.Section 2(b) in the Commonwealth of Massachusetts in order to ensure the safety and well-being of individuals seeking mental health treatment, while also allowing for the responsible use of AI in mental health servicesMental health services"Mental health services" means any service provided by a licensed mental health professional for the purpose of diagnosing, treating, or preventing mental illness or emotional or behavioral disorders.Section 2(b).
This section states the legislative purpose of the act: to regulate AI use in mental health services in Massachusetts to ensure patient safety and well-being while allowing responsible AI use. It creates no compliance obligation.
(a) "Artificial IntelligenceArtificial Intelligence"Artificial Intelligence" or "AI" means any technology that can simulate human intelligence, including but not limited to, natural language processing, training language models, reinforcement learning from human feedback and machine learning systems.Section 2(a)" or "AI" means any technology that can simulate human intelligence, including but not limited to, natural language processing, training language models, reinforcement learning from human feedback and machine learning systems.
(b) "Mental health servicesMental health services"Mental health services" means any service provided by a licensed mental health professional for the purpose of diagnosing, treating, or preventing mental illness or emotional or behavioral disorders.Section 2(b)" means any service provided by a licensed mental health professionalLicensed mental health professional"Licensed mental health professional" means any individual who is licensed by the state of Massachusetts to provide mental health services, including but not limited to, psychiatrists, psychologists, licensed mental health counselors (LMHCs), licensed independent clinical social workers (LICSWs) and other professional counselors.Section 2(c) for the purpose of diagnosing, treating, or preventing mental illness or emotional or behavioral disorders.
(c) "Licensed mental health professionalLicensed mental health professional"Licensed mental health professional" means any individual who is licensed by the state of Massachusetts to provide mental health services, including but not limited to, psychiatrists, psychologists, licensed mental health counselors (LMHCs), licensed independent clinical social workers (LICSWs) and other professional counselors.Section 2(c)" means any individual who is licensed by the state of Massachusetts to provide mental health servicesMental health services"Mental health services" means any service provided by a licensed mental health professional for the purpose of diagnosing, treating, or preventing mental illness or emotional or behavioral disorders.Section 2(b), including but not limited to, psychiatrists, psychologists, licensed mental health counselors (LMHCs), licensed independent clinical social workers (LICSWs) and other professional counselors.
This section defines three key terms: Artificial Intelligence, mental health services, and licensed mental health professional. The AI definition is broad, encompassing any technology that can simulate human intelligence, including natural language processing, training language models, reinforcement learning from human feedback, and machine learning systems. The covered entity is the licensed mental health professional, which encompasses psychiatrists, psychologists, LMHCs, LICSWs, and other professional counselors licensed in Massachusetts.
(a) 1 Any licensed mental health professionalLicensed mental health professional"Licensed mental health professional" means any individual who is licensed by the state of Massachusetts to provide mental health services, including but not limited to, psychiatrists, psychologists, licensed mental health counselors (LMHCs), licensed independent clinical social workers (LICSWs) and other professional counselors.Section 2(c) who wishes to provide mental health servicesMental health services"Mental health services" means any service provided by a licensed mental health professional for the purpose of diagnosing, treating, or preventing mental illness or emotional or behavioral disorders.Section 2(b) through the use of AI shall first seek approval from the relevant professional licensing board.
(b) 2 Any AI system used to provide mental health servicesMental health services"Mental health services" means any service provided by a licensed mental health professional for the purpose of diagnosing, treating, or preventing mental illness or emotional or behavioral disorders.Section 2(b) must be designed to prioritize the safety and well-being of individuals seeking treatment and must be continuously monitored by a licensed mental health professionalLicensed mental health professional"Licensed mental health professional" means any individual who is licensed by the state of Massachusetts to provide mental health services, including but not limited to, psychiatrists, psychologists, licensed mental health counselors (LMHCs), licensed independent clinical social workers (LICSWs) and other professional counselors.Section 2(c) to ensure its safety and effectiveness.
(c) 3 Any licensed mental health professionalLicensed mental health professional"Licensed mental health professional" means any individual who is licensed by the state of Massachusetts to provide mental health services, including but not limited to, psychiatrists, psychologists, licensed mental health counselors (LMHCs), licensed independent clinical social workers (LICSWs) and other professional counselors.Section 2(c) providing mental health servicesMental health services"Mental health services" means any service provided by a licensed mental health professional for the purpose of diagnosing, treating, or preventing mental illness or emotional or behavioral disorders.Section 2(b) through the use of AI shall inform patients of the use of AI in their treatment and provide them with the option to receive treatment from a licensed mental health professionalLicensed mental health professional"Licensed mental health professional" means any individual who is licensed by the state of Massachusetts to provide mental health services, including but not limited to, psychiatrists, psychologists, licensed mental health counselors (LMHCs), licensed independent clinical social workers (LICSWs) and other professional counselors.Section 2(c).
(d) 4 Any licensed mental health professionalLicensed mental health professional"Licensed mental health professional" means any individual who is licensed by the state of Massachusetts to provide mental health services, including but not limited to, psychiatrists, psychologists, licensed mental health counselors (LMHCs), licensed independent clinical social workers (LICSWs) and other professional counselors.Section 2(c) providing mental health servicesMental health services"Mental health services" means any service provided by a licensed mental health professional for the purpose of diagnosing, treating, or preventing mental illness or emotional or behavioral disorders.Section 2(b) through the use of AI shall disclose the use of AI to patients in advance and obtain their informed consent.
Section 3 imposes four distinct obligations on licensed mental health professionals who use AI to deliver mental health services. First, professionals must obtain prior approval from their relevant professional licensing board before using AI in service delivery. Second, any AI system used in mental health treatment must be designed for patient safety and must be continuously monitored by the licensed professional. Third and fourth, professionals must inform patients that AI is being used, offer the option of human-only treatment, and obtain informed consent in advance of AI-assisted treatment.
The disclosure and consent obligations in subsections (c) and (d) overlap substantially — both require informing patients about AI use, but (c) adds the requirement to offer a human-professional alternative and (d) adds an advance-disclosure and informed-consent requirement.
(a) Any licensed mental health professionalLicensed mental health professional"Licensed mental health professional" means any individual who is licensed by the state of Massachusetts to provide mental health services, including but not limited to, psychiatrists, psychologists, licensed mental health counselors (LMHCs), licensed independent clinical social workers (LICSWs) and other professional counselors.Section 2(c) who violates the provisions of this act shall be subject to disciplinary action by the relevant professional licensing board.
Section 4 establishes that the sole enforcement mechanism is disciplinary action by the relevant professional licensing board. No monetary penalties, private right of action, or other remedies are specified. This is a notably light enforcement provision — it relies entirely on existing licensing board authority and does not create any new enforcement tools.