Regulon — RI-H-7349 · RI H 7349 (AI in Mental Health Care)

Summary

Regulates the use of artificial intelligence by licensed mental health professionals in Rhode Island. Licensed professionals may use AI only for administrative and supplementary support tasks, and must maintain full responsibility for all AI interactions, outputs, and data use. AI is categorically prohibited from making independent therapeutic decisions, directly interacting with clients in therapeutic communication, generating treatment plans, or detecting emotions or mental states. Before using AI to record or transcribe therapeutic sessions, licensed professionals must obtain written informed consent. No person or entity may offer therapy or psychotherapy services through AI unless conducted by a licensed professional. The Director of the Department of Health has investigative enforcement authority. The chapter does not apply to religious counseling, peer support, or self-help materials.

Enforcement & Penalties

Enforcement Authority

The Director of the Department of Health has authority to investigate any actual, alleged, or suspected violation of this chapter. No private right of action is created. Penalties for confidentiality violations are governed by existing § 5-37.3-9. The Director is authorized to promulgate rules and regulations to carry out the chapter.

Penalties

Penalties for violations of the confidentiality provisions are governed by existing R.I. Gen. Laws § 5-37.3-9 (incorporated by reference). The bill does not specify independent penalty amounts for non-confidentiality violations; enforcement is through the Director's investigative authority and rulemaking power.

Who Is Covered

"Licensed professional" means an individual who holds a valid license, credential, or certification issued by this state to practice as a psychologist, social worker, mental health practitioner, professional substance use counselor, professional substance use prevention practitioner, or to otherwise provide therapy or psychotherapy services including: (i) A licensed mental health counselor; (ii) A licensed marriage and family therapist; (iii) A licensed creative arts therapist; (iv) A licensed psychoanalyst; (v) A licensed master social worker; (vi) A licensed clinical social worker; (vii) A credentialed alcoholism and substance abuse counselor; (viii) A credentialed prevention professional; (ix) A credentialed prevention specialist; (x) A credentialed alcoholism and substance abuse counselor, credentialed prevention professional, or credentialed prevention specialist with an additional gambling designation; (xi) A certified problem gambling counselor; (xii) A credentialed alcoholism and substance abuse counselor trainee; (xiii) Any other person holding any other credential that may be overseen by units or divisions providing addiction services and supports; or (xiv) Any other professional licensed, credentialed, certified, or otherwise authorized by this state to provide therapy or psychotherapy services, except for a physician.

Compliance Obligations 5 obligations · click obligation ID to open requirement page

HC-02 AI in Licensed Professional Practice Restrictions · HC-02.4 · Professional · Healthcare

R.I. Gen. Laws § 40.1-5.5-3(a)

Plain Language

Before using AI to record or transcribe a client's therapeutic session, the licensed professional must inform the patient (or their parent, guardian, or legal representative) in writing that AI will be used, explain the specific purpose of the AI tool, and obtain affirmative written consent that meets the statute's strict consent requirements. Consent cannot be bundled into general terms of use, cannot be inferred from passive actions, and is revocable at any time. This applies specifically when AI is used for supplementary support tasks involving session recording or transcription.

Statutory Text

(a) No licensed professional shall be permitted to use artificial intelligence, designed to simulate emotional attachment, bonding, or dependency or artificial intelligence companions for mental health or emotional support, to assist in providing supplementary support in therapy or psychotherapy services where the client's therapeutic session is recorded or transcribed unless the patient or the patient's parent, guardian or other legally authorized representative is informed in writing of the following: (1) That artificial intelligence will be used; (2) The specific purpose of the artificial intelligence tool or system that will be used; and (3) The patient or the patient's parents, or other legally authorized representative, provides consent to the use of artificial intelligence.

HC-02 AI in Licensed Professional Practice Restrictions · HC-02.3 · DeployerProfessional · Healthcare

R.I. Gen. Laws § 40.1-5.5-3(b)

Plain Language

No individual, corporation, or entity may provide, advertise, or offer therapy or psychotherapy services to the public in Rhode Island — including through Internet-based AI — unless those services are actually conducted by a state-licensed professional. This effectively prohibits standalone AI therapy products that operate without a licensed professional conducting the services. The prohibition extends to advertising as well as actual delivery, and applies to any entity type, not just licensed professionals.

Statutory Text

(b) 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.

HC-02 AI in Licensed Professional Practice Restrictions · HC-02.1 HC-02.2 · Professional · Healthcare

R.I. Gen. Laws § 40.1-5.5-3(c)

Plain Language

Licensed professionals may only use AI for administrative and supplementary support tasks and must maintain full responsibility for all interactions, outputs, and data use. AI is categorically prohibited from: (1) making independent therapeutic decisions, (2) directly interacting with clients in any form of therapeutic communication (broadly defined to include emotional support, guidance, treatment planning collaboration, and behavioral feedback), (3) generating therapeutic recommendations or treatment plans, and (4) detecting emotions or mental states. This is one of the most restrictive AI-in-therapy provisions in the country — it effectively bars any client-facing AI use in a clinical mental health setting and prohibits AI emotion detection entirely within the licensed professional's practice.

Statutory Text

(c) A licensed professional may use artificial intelligence only to the extent that such use meets the requirements of subsection (a) of this section. A licensed professional may not allow or otherwise use artificial intelligence 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; or (4) Detect emotions or mental states.

D-01 Automated Processing Rights & Data Controls · Professional · Healthcare

R.I. Gen. Laws § 40.1-5.5-4

Plain Language

All records maintained by a licensed professional and all communications between a therapy-seeking individual and a licensed professional must be kept confidential. Disclosure is permitted only under the exceptions in existing R.I. Gen. Laws § 40.1-5-26. This applies to any records associated with AI use in the therapeutic context, reinforcing that AI-processed data (e.g., transcriptions, notes) carries the same confidentiality protections as traditional therapy records. Violations are subject to existing penalties under § 5-37.3-9.

Statutory Text

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 provided pursuant to the provisions of § 40.1-5-26.

Other · Healthcare

R.I. Gen. Laws § 40.1-5.5-5(a)-(c)

Plain Language

This provision establishes the enforcement and exemption framework. Confidentiality violations are subject to existing penalties under § 5-37.3-9. The Director of Health may investigate any actual, alleged, or suspected violation of the chapter. The chapter does not apply to religious counseling, peer support services, or publicly available self-help materials and educational resources that do not purport to offer therapy. This creates no new affirmative compliance obligation — it activates existing enforcement mechanisms and defines scope exclusions.

Statutory Text

(a) The penalties pursuant to § 5-37.3-9 shall apply to any violation of the confidentiality provisions of this chapter. (b) The director shall have authority to investigate any actual, alleged, or suspected violation of this chapter. (c) This chapter shall not apply to the following: (1) Religious counseling; (2) Peer support; and (3) Self-help materials and educational resources that are available to the public and do not purport to offer therapy or psychotherapy services.