Regulon.AI — 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, not for therapeutic communication, independent therapeutic decisions, generating treatment plans, or detecting emotions or mental states. Before using AI to record or transcribe a therapeutic session, the professional must obtain written informed consent from the patient or their legal representative. No person or entity may offer therapy or psychotherapy services through AI unless conducted by a licensed professional. The bill is enforced by the Director of the Department of Health, who has investigative authority; confidentiality violations are subject to penalties under existing health information confidentiality law. Religious counseling, peer support, and self-help materials are exempt.

Enforcement & Penalties

Enforcement Authority

The Director of the Department of Health has authority to investigate any actual, alleged, or suspected violation of the chapter. Penalties for confidentiality violations are governed by § 5-37.3-9 (Rhode Island Confidentiality of Health Care Communications and Information Act). No private right of action is created. No cure period or safe harbor is specified.

Penalties

Penalties for confidentiality violations are those set forth in R.I. Gen. Laws § 5-37.3-9 (incorporated by reference). The bill does not independently specify dollar amounts, civil penalties, or remedies for non-confidentiality violations. No private damages, injunctive relief, or attorney fees provisions are included in the bill text.

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 4 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 a licensed mental health professional may use AI — specifically AI designed to simulate emotional attachment, bonding, or dependency, or AI companions for mental health or emotional support — to assist with supplementary support tasks where a client's therapeutic session is recorded or transcribed, the professional must provide the patient (or their parent, guardian, or legally authorized representative) with written notice that AI will be used, the specific purpose of the AI tool, and must obtain affirmative written consent. Consent must be explicit, informed, freely given, specific, and revocable — it cannot be buried in general terms of use or obtained through deceptive actions.

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 through AI — including 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 service. The prohibition applies to any entity offering services to the Rhode Island public, not just to licensed professionals themselves. Religious counseling and peer support are excluded from the definition of therapy services and are therefore not covered.

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 even then only if they comply with the consent requirements of subsection (a). AI is categorically prohibited from: (1) making independent therapeutic decisions, (2) directly interacting with clients in any form of therapeutic communication, (3) generating therapeutic recommendations or treatment plans, and (4) detecting emotions or mental states. The definition of therapeutic communication is extremely broad, covering any verbal, non-verbal, or written interaction in a clinical setting intended to diagnose, treat, or address mental, emotional, or behavioral health concerns. This means AI cannot deliver empathetic responses, provide guidance, or collaborate with clients on treatment goals — all of these constitute prohibited therapeutic communication. The licensed professional must maintain full responsibility for all AI interactions, outputs, and data use.

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 · D-01.4 · Professional · Healthcare

R.I. Gen. Laws § 40.1-5.5-4

Plain Language

All records maintained by a licensed professional and all communications between the professional and a therapy-seeking individual must be kept confidential. Disclosure is permitted only under the existing exceptions in R.I. Gen. Laws § 40.1-5-26 (governing confidentiality of behavioral healthcare records). This extends existing confidentiality protections to the AI-assisted therapy context, ensuring that data generated through AI use in therapy sessions receives the same confidentiality treatment as traditional therapy records.

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.