(1) "Administrative supportAdministrative support"Administrative support" means tasks performed to assist a licensed professional or provider in the delivery of therapy or psychotherapy services that do not involve therapeutic communication. "Administrative support" includes, but is not limited to, the following: (i) Managing appointment scheduling and reminders; (ii) Processing billing and insurance claims; and (iii) Drafting general communications related to therapy logistics that do not include therapeutic advice.R.I. Gen. Laws § 40.1-5.5-2(1)" means tasks performed to assist a licensed professional or providerLicensed professional or provider"Licensed professional or provider" means an individual who holds a valid license, credential, or certification issued by this state to provide therapy or psychotherapy services.R.I. Gen. Laws § 40.1-5.5-2(4) in the delivery of therapy or psychotherapy servicesTherapy or psychotherapy services"Therapy or psychotherapy services" means services provided to diagnose or treat an individual's mental health or behavioral health. "Therapy or psychotherapy services" does not include religious counseling or peer support.R.I. Gen. Laws § 40.1-5.5-2(10) that do not involve therapeutic communicationTherapeutic communication"Therapeutic communication" means any verbal, non-verbal, or written interaction conducted in a clinical or professional setting that is intended to diagnose or treat an individual's mental, emotional, or behavioral health concerns. "Therapeutic communication" includes, but is not limited to: (i) Direct interactions with clients for the purpose of understanding or reflecting their thoughts, emotions, or experiences; (ii) Providing guidance, therapeutic strategies, or interventions designed to achieve mental health outcomes; (iii) Offering emotional support, reassurance, or empathy in response to psychological or emotional distress; (iv) Collaborating with clients to develop or modify therapeutic goals or treatment plans; and (v) Offering behavioral feedback intended to promote psychological growth or address mental health conditions.R.I. Gen. Laws § 40.1-5.5-2(9). "Administrative supportAdministrative support"Administrative support" means tasks performed to assist a licensed professional or provider in the delivery of therapy or psychotherapy services that do not involve therapeutic communication. "Administrative support" includes, but is not limited to, the following: (i) Managing appointment scheduling and reminders; (ii) Processing billing and insurance claims; and (iii) Drafting general communications related to therapy logistics that do not include therapeutic advice.R.I. Gen. Laws § 40.1-5.5-2(1)" includes, but is not limited to, the following: (i) Managing appointment scheduling and reminders; (ii) Processing billing and insurance claims; and (iii) Drafting general communications related to therapy logistics that do not include therapeutic advice.

(2) "Artificial intelligenceArtificial intelligence"Artificial intelligence", "artificial intelligence technology", or "AI" means a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations, or decisions influencing real or virtual environments.R.I. Gen. Laws § 40.1-5.5-2(2)", "artificial intelligenceArtificial intelligence"Artificial intelligence", "artificial intelligence technology", or "AI" means a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations, or decisions influencing real or virtual environments.R.I. Gen. Laws § 40.1-5.5-2(2) technology", or "AI" means a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations, or decisions influencing real or virtual environments.

(3) "ConsentConsent"Consent" means an affirmative written agreement, including by electronic means, which unambiguously communicates the individual's explicit, express, freely given, informed, voluntary, and specific agreement, and which is revocable by the individual. "Consent" does not include an agreement that is obtained by the following: (i) The acceptance of a general or broad terms of use, agreement, or a similar document that contains descriptions of artificial intelligence along with other unrelated information; (ii) An individual hovering over, muting, pausing, or closing a given piece of digital content; or (iii) Using deceptive actions.R.I. Gen. Laws § 40.1-5.5-2(3)" means an affirmative written agreement, including by electronic means, which unambiguously communicates the individual's explicit, express, freely given, informed, voluntary, and specific agreement, and which is revocable by the individual. "ConsentConsent"Consent" means an affirmative written agreement, including by electronic means, which unambiguously communicates the individual's explicit, express, freely given, informed, voluntary, and specific agreement, and which is revocable by the individual. "Consent" does not include an agreement that is obtained by the following: (i) The acceptance of a general or broad terms of use, agreement, or a similar document that contains descriptions of artificial intelligence along with other unrelated information; (ii) An individual hovering over, muting, pausing, or closing a given piece of digital content; or (iii) Using deceptive actions.R.I. Gen. Laws § 40.1-5.5-2(3)" does not include an agreement that is obtained by the following: (i) The acceptance of a general or broad terms of use, agreement, or a similar document that contains descriptions of artificial intelligenceArtificial intelligence"Artificial intelligence", "artificial intelligence technology", or "AI" means a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations, or decisions influencing real or virtual environments.R.I. Gen. Laws § 40.1-5.5-2(2) along with other unrelated information; (ii) An individual hovering over, muting, pausing, or closing a given piece of digital content; or (iii) Using deceptive actions.

(4) "Licensed professional or providerLicensed professional or provider"Licensed professional or provider" means an individual who holds a valid license, credential, or certification issued by this state to provide therapy or psychotherapy services.R.I. Gen. Laws § 40.1-5.5-2(4)" means an individual who holds a valid license, credential, or certification issued by this state to provide therapy or psychotherapy servicesTherapy or psychotherapy services"Therapy or psychotherapy services" means services provided to diagnose or treat an individual's mental health or behavioral health. "Therapy or psychotherapy services" does not include religious counseling or peer support.R.I. Gen. Laws § 40.1-5.5-2(10).

(5) "Peer supportPeer support"Peer support" means services provided by individuals with lived experience of mental health conditions or recovery from substance use or gambling that are intended to offer encouragement, understanding, and guidance without clinical intervention.R.I. Gen. Laws § 40.1-5.5-2(5)" means services provided by individuals with lived experience of mental health conditions or recovery from substance use or gambling that are intended to offer encouragement, understanding, and guidance without clinical intervention.

(6) "Permitted use of artificial intelligencePermitted use of artificial intelligence"Permitted use of artificial intelligence" means the use of artificial intelligence tools or systems by a licensed professional or provider to assist in providing administrative support or supplementary support in therapy or psychotherapy services where the licensed professional or provider maintains responsibility for clinical judgement and reasonable therapeutic oversight of the patient's use of the system, but not for vendor-controlled system design, algorithms, or outputs.R.I. Gen. Laws § 40.1-5.5-2(6)" means the use of artificial intelligenceArtificial intelligence"Artificial intelligence", "artificial intelligence technology", or "AI" means a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations, or decisions influencing real or virtual environments.R.I. Gen. Laws § 40.1-5.5-2(2) tools or systems by a licensed professional or providerLicensed professional or provider"Licensed professional or provider" means an individual who holds a valid license, credential, or certification issued by this state to provide therapy or psychotherapy services.R.I. Gen. Laws § 40.1-5.5-2(4) to assist in providing administrative supportAdministrative support"Administrative support" means tasks performed to assist a licensed professional or provider in the delivery of therapy or psychotherapy services that do not involve therapeutic communication. "Administrative support" includes, but is not limited to, the following: (i) Managing appointment scheduling and reminders; (ii) Processing billing and insurance claims; and (iii) Drafting general communications related to therapy logistics that do not include therapeutic advice.R.I. Gen. Laws § 40.1-5.5-2(1) or supplementary supportSupplementary support"Supplementary support" means tasks performed to assist a licensed professional or provider in the delivery of therapy or psychotherapy services that do not involve therapeutic communication and that are not administrative support. "Supplementary support" includes, but is not limited to, the following: (i) Preparing and maintaining client records, including therapy notes; (ii) Analyzing data to track client progress or identify trends, subject to review by a licensed, credentialed, or certified professional; and (iii) Identifying and organizing external resources or referrals for client use.R.I. Gen. Laws § 40.1-5.5-2(8) in therapy or psychotherapy servicesTherapy or psychotherapy services"Therapy or psychotherapy services" means services provided to diagnose or treat an individual's mental health or behavioral health. "Therapy or psychotherapy services" does not include religious counseling or peer support.R.I. Gen. Laws § 40.1-5.5-2(10) where the licensed professional or providerLicensed professional or provider"Licensed professional or provider" means an individual who holds a valid license, credential, or certification issued by this state to provide therapy or psychotherapy services.R.I. Gen. Laws § 40.1-5.5-2(4) maintains responsibility for clinical judgement and reasonable therapeutic oversight of the patient's use of the system, but not for vendor-controlled system design, algorithms, or outputs.

(7) "Religious counselingReligious counseling"Religious counseling" means counseling provided by clergy members, pastoral counselors, or other religious leaders acting within the scope of their religious duties if the services are explicitly faith-based and are not represented as clinical mental health services or therapy or psychotherapy services.R.I. Gen. Laws § 40.1-5.5-2(7)" means counseling provided by clergy members, pastoral counselors, or other religious leaders acting within the scope of their religious duties if the services are explicitly faith-based and are not represented as clinical mental health services or therapy or psychotherapy servicesTherapy or psychotherapy services"Therapy or psychotherapy services" means services provided to diagnose or treat an individual's mental health or behavioral health. "Therapy or psychotherapy services" does not include religious counseling or peer support.R.I. Gen. Laws § 40.1-5.5-2(10).

(8) "Supplementary supportSupplementary support"Supplementary support" means tasks performed to assist a licensed professional or provider in the delivery of therapy or psychotherapy services that do not involve therapeutic communication and that are not administrative support. "Supplementary support" includes, but is not limited to, the following: (i) Preparing and maintaining client records, including therapy notes; (ii) Analyzing data to track client progress or identify trends, subject to review by a licensed, credentialed, or certified professional; and (iii) Identifying and organizing external resources or referrals for client use.R.I. Gen. Laws § 40.1-5.5-2(8)" means tasks performed to assist a licensed professional or providerLicensed professional or provider"Licensed professional or provider" means an individual who holds a valid license, credential, or certification issued by this state to provide therapy or psychotherapy services.R.I. Gen. Laws § 40.1-5.5-2(4) in the delivery of therapy or psychotherapy servicesTherapy or psychotherapy services"Therapy or psychotherapy services" means services provided to diagnose or treat an individual's mental health or behavioral health. "Therapy or psychotherapy services" does not include religious counseling or peer support.R.I. Gen. Laws § 40.1-5.5-2(10) that do not involve therapeutic communicationTherapeutic communication"Therapeutic communication" means any verbal, non-verbal, or written interaction conducted in a clinical or professional setting that is intended to diagnose or treat an individual's mental, emotional, or behavioral health concerns. "Therapeutic communication" includes, but is not limited to: (i) Direct interactions with clients for the purpose of understanding or reflecting their thoughts, emotions, or experiences; (ii) Providing guidance, therapeutic strategies, or interventions designed to achieve mental health outcomes; (iii) Offering emotional support, reassurance, or empathy in response to psychological or emotional distress; (iv) Collaborating with clients to develop or modify therapeutic goals or treatment plans; and (v) Offering behavioral feedback intended to promote psychological growth or address mental health conditions.R.I. Gen. Laws § 40.1-5.5-2(9) and that are not administrative supportAdministrative support"Administrative support" means tasks performed to assist a licensed professional or provider in the delivery of therapy or psychotherapy services that do not involve therapeutic communication. "Administrative support" includes, but is not limited to, the following: (i) Managing appointment scheduling and reminders; (ii) Processing billing and insurance claims; and (iii) Drafting general communications related to therapy logistics that do not include therapeutic advice.R.I. Gen. Laws § 40.1-5.5-2(1). "Supplementary supportSupplementary support"Supplementary support" means tasks performed to assist a licensed professional or provider in the delivery of therapy or psychotherapy services that do not involve therapeutic communication and that are not administrative support. "Supplementary support" includes, but is not limited to, the following: (i) Preparing and maintaining client records, including therapy notes; (ii) Analyzing data to track client progress or identify trends, subject to review by a licensed, credentialed, or certified professional; and (iii) Identifying and organizing external resources or referrals for client use.R.I. Gen. Laws § 40.1-5.5-2(8)" includes, but is not limited to, the following: (i) Preparing and maintaining client records, including therapy notes; (ii) Analyzing data to track client progress or identify trends, subject to review by a licensed, credentialed, or certified professional; and (iii) Identifying and organizing external resources or referrals for client use.

(9) "Therapeutic communicationTherapeutic communication"Therapeutic communication" means any verbal, non-verbal, or written interaction conducted in a clinical or professional setting that is intended to diagnose or treat an individual's mental, emotional, or behavioral health concerns. "Therapeutic communication" includes, but is not limited to: (i) Direct interactions with clients for the purpose of understanding or reflecting their thoughts, emotions, or experiences; (ii) Providing guidance, therapeutic strategies, or interventions designed to achieve mental health outcomes; (iii) Offering emotional support, reassurance, or empathy in response to psychological or emotional distress; (iv) Collaborating with clients to develop or modify therapeutic goals or treatment plans; and (v) Offering behavioral feedback intended to promote psychological growth or address mental health conditions.R.I. Gen. Laws § 40.1-5.5-2(9)" means any verbal, non-verbal, or written interaction conducted in a clinical or professional setting that is intended to diagnose or treat an individual's mental, emotional, or behavioral health concerns. "Therapeutic communicationTherapeutic communication"Therapeutic communication" means any verbal, non-verbal, or written interaction conducted in a clinical or professional setting that is intended to diagnose or treat an individual's mental, emotional, or behavioral health concerns. "Therapeutic communication" includes, but is not limited to: (i) Direct interactions with clients for the purpose of understanding or reflecting their thoughts, emotions, or experiences; (ii) Providing guidance, therapeutic strategies, or interventions designed to achieve mental health outcomes; (iii) Offering emotional support, reassurance, or empathy in response to psychological or emotional distress; (iv) Collaborating with clients to develop or modify therapeutic goals or treatment plans; and (v) Offering behavioral feedback intended to promote psychological growth or address mental health conditions.R.I. Gen. Laws § 40.1-5.5-2(9)" includes, but is not limited to: (i) Direct interactions with clients for the purpose of understanding or reflecting their thoughts, emotions, or experiences; (ii) Providing guidance, therapeutic strategies, or interventions designed to achieve mental health outcomes; (iii) Offering emotional support, reassurance, or empathy in response to psychological or emotional distress; (iv) Collaborating with clients to develop or modify therapeutic goals or treatment plans; and (v) Offering behavioral feedback intended to promote psychological growth or address mental health conditions.

(10) "Therapy or psychotherapy servicesTherapy or psychotherapy services"Therapy or psychotherapy services" means services provided to diagnose or treat an individual's mental health or behavioral health. "Therapy or psychotherapy services" does not include religious counseling or peer support.R.I. Gen. Laws § 40.1-5.5-2(10)" means services provided to diagnose or treat an individual's mental health or behavioral health. "Therapy or psychotherapy servicesTherapy or psychotherapy services"Therapy or psychotherapy services" means services provided to diagnose or treat an individual's mental health or behavioral health. "Therapy or psychotherapy services" does not include religious counseling or peer support.R.I. Gen. Laws § 40.1-5.5-2(10)" does not include religious counselingReligious counseling"Religious counseling" means counseling provided by clergy members, pastoral counselors, or other religious leaders acting within the scope of their religious duties if the services are explicitly faith-based and are not represented as clinical mental health services or therapy or psychotherapy services.R.I. Gen. Laws § 40.1-5.5-2(7) or peer supportPeer support"Peer support" means services provided by individuals with lived experience of mental health conditions or recovery from substance use or gambling that are intended to offer encouragement, understanding, and guidance without clinical intervention.R.I. Gen. Laws § 40.1-5.5-2(5).

(a) 1 No licensed professional or providerLicensed professional or provider"Licensed professional or provider" means an individual who holds a valid license, credential, or certification issued by this state to provide therapy or psychotherapy services.R.I. Gen. Laws § 40.1-5.5-2(4) shall be permitted to use artificial intelligenceArtificial intelligence"Artificial intelligence", "artificial intelligence technology", or "AI" means a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations, or decisions influencing real or virtual environments.R.I. Gen. Laws § 40.1-5.5-2(2), designed to simulate emotional attachment, bonding, or dependency or artificial intelligenceArtificial intelligence"Artificial intelligence", "artificial intelligence technology", or "AI" means a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations, or decisions influencing real or virtual environments.R.I. Gen. Laws § 40.1-5.5-2(2) companions for mental health or emotional support, to assist in supplementary supportSupplementary support"Supplementary support" means tasks performed to assist a licensed professional or provider in the delivery of therapy or psychotherapy services that do not involve therapeutic communication and that are not administrative support. "Supplementary support" includes, but is not limited to, the following: (i) Preparing and maintaining client records, including therapy notes; (ii) Analyzing data to track client progress or identify trends, subject to review by a licensed, credentialed, or certified professional; and (iii) Identifying and organizing external resources or referrals for client use.R.I. Gen. Laws § 40.1-5.5-2(8) or therapeutic communicationTherapeutic communication"Therapeutic communication" means any verbal, non-verbal, or written interaction conducted in a clinical or professional setting that is intended to diagnose or treat an individual's mental, emotional, or behavioral health concerns. "Therapeutic communication" includes, but is not limited to: (i) Direct interactions with clients for the purpose of understanding or reflecting their thoughts, emotions, or experiences; (ii) Providing guidance, therapeutic strategies, or interventions designed to achieve mental health outcomes; (iii) Offering emotional support, reassurance, or empathy in response to psychological or emotional distress; (iv) Collaborating with clients to develop or modify therapeutic goals or treatment plans; and (v) Offering behavioral feedback intended to promote psychological growth or address mental health conditions.R.I. Gen. Laws § 40.1-5.5-2(9) in therapy or psychotherapy servicesTherapy or psychotherapy services"Therapy or psychotherapy services" means services provided to diagnose or treat an individual's mental health or behavioral health. "Therapy or psychotherapy services" does not include religious counseling or peer support.R.I. Gen. Laws § 40.1-5.5-2(10) 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 and provides consentConsent"Consent" means an affirmative written agreement, including by electronic means, which unambiguously communicates the individual's explicit, express, freely given, informed, voluntary, and specific agreement, and which is revocable by the individual. "Consent" does not include an agreement that is obtained by the following: (i) The acceptance of a general or broad terms of use, agreement, or a similar document that contains descriptions of artificial intelligence along with other unrelated information; (ii) An individual hovering over, muting, pausing, or closing a given piece of digital content; or (iii) Using deceptive actions.R.I. Gen. Laws § 40.1-5.5-2(3) as defined in § 40.1-5.5-2: (1) That artificial intelligenceArtificial intelligence"Artificial intelligence", "artificial intelligence technology", or "AI" means a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations, or decisions influencing real or virtual environments.R.I. Gen. Laws § 40.1-5.5-2(2) will be used; (2) The specific purpose of the artificial intelligenceArtificial intelligence"Artificial intelligence", "artificial intelligence technology", or "AI" means a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations, or decisions influencing real or virtual environments.R.I. Gen. Laws § 40.1-5.5-2(2) tool or system that will be used; and (3) The patient or the patient's parents, or other legally authorized representative, provides consentConsent"Consent" means an affirmative written agreement, including by electronic means, which unambiguously communicates the individual's explicit, express, freely given, informed, voluntary, and specific agreement, and which is revocable by the individual. "Consent" does not include an agreement that is obtained by the following: (i) The acceptance of a general or broad terms of use, agreement, or a similar document that contains descriptions of artificial intelligence along with other unrelated information; (ii) An individual hovering over, muting, pausing, or closing a given piece of digital content; or (iii) Using deceptive actions.R.I. Gen. Laws § 40.1-5.5-2(3) to the use of artificial intelligenceArtificial intelligence"Artificial intelligence", "artificial intelligence technology", or "AI" means a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations, or decisions influencing real or virtual environments.R.I. Gen. Laws § 40.1-5.5-2(2).

(b) 2 An individual, corporation, or entity may not provide, advertise, or otherwise offer therapy or psychotherapy servicesTherapy or psychotherapy services"Therapy or psychotherapy services" means services provided to diagnose or treat an individual's mental health or behavioral health. "Therapy or psychotherapy services" does not include religious counseling or peer support.R.I. Gen. Laws § 40.1-5.5-2(10), including through the use of Internet-based artificial intelligenceArtificial intelligence"Artificial intelligence", "artificial intelligence technology", or "AI" means a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations, or decisions influencing real or virtual environments.R.I. Gen. Laws § 40.1-5.5-2(2), to the public in this state unless the therapy or psychotherapy servicesTherapy or psychotherapy services"Therapy or psychotherapy services" means services provided to diagnose or treat an individual's mental health or behavioral health. "Therapy or psychotherapy services" does not include religious counseling or peer support.R.I. Gen. Laws § 40.1-5.5-2(10) are conducted by an individual who is a licensed professional or providerLicensed professional or provider"Licensed professional or provider" means an individual who holds a valid license, credential, or certification issued by this state to provide therapy or psychotherapy services.R.I. Gen. Laws § 40.1-5.5-2(4).

(c) 3 A licensed professional or providerLicensed professional or provider"Licensed professional or provider" means an individual who holds a valid license, credential, or certification issued by this state to provide therapy or psychotherapy services.R.I. Gen. Laws § 40.1-5.5-2(4) may use artificial intelligenceArtificial intelligence"Artificial intelligence", "artificial intelligence technology", or "AI" means a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations, or decisions influencing real or virtual environments.R.I. Gen. Laws § 40.1-5.5-2(2) only to the extent that such use meets the requirements of subsection (a) of this section. A licensed professional or providerLicensed professional or provider"Licensed professional or provider" means an individual who holds a valid license, credential, or certification issued by this state to provide therapy or psychotherapy services.R.I. Gen. Laws § 40.1-5.5-2(4) may not allow or otherwise use artificial intelligenceArtificial intelligence"Artificial intelligence", "artificial intelligence technology", or "AI" means a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations, or decisions influencing real or virtual environments.R.I. Gen. Laws § 40.1-5.5-2(2) to do any of the following: (1) Make independent therapeutic decisions; (2) Directly interact with clients in any form of therapeutic communicationTherapeutic communication"Therapeutic communication" means any verbal, non-verbal, or written interaction conducted in a clinical or professional setting that is intended to diagnose or treat an individual's mental, emotional, or behavioral health concerns. "Therapeutic communication" includes, but is not limited to: (i) Direct interactions with clients for the purpose of understanding or reflecting their thoughts, emotions, or experiences; (ii) Providing guidance, therapeutic strategies, or interventions designed to achieve mental health outcomes; (iii) Offering emotional support, reassurance, or empathy in response to psychological or emotional distress; (iv) Collaborating with clients to develop or modify therapeutic goals or treatment plans; and (v) Offering behavioral feedback intended to promote psychological growth or address mental health conditions.R.I. Gen. Laws § 40.1-5.5-2(9) without an established relationship when the licensed professional or providerLicensed professional or provider"Licensed professional or provider" means an individual who holds a valid license, credential, or certification issued by this state to provide therapy or psychotherapy services.R.I. Gen. Laws § 40.1-5.5-2(4) agrees to undertake diagnosis and treatment of the patient and the patient consentsConsent"Consent" means an affirmative written agreement, including by electronic means, which unambiguously communicates the individual's explicit, express, freely given, informed, voluntary, and specific agreement, and which is revocable by the individual. "Consent" does not include an agreement that is obtained by the following: (i) The acceptance of a general or broad terms of use, agreement, or a similar document that contains descriptions of artificial intelligence along with other unrelated information; (ii) An individual hovering over, muting, pausing, or closing a given piece of digital content; or (iii) Using deceptive actions.R.I. Gen. Laws § 40.1-5.5-2(3) under this section, whether or not there has been an in-person encounter between the licensed professional or providerLicensed professional or provider"Licensed professional or provider" means an individual who holds a valid license, credential, or certification issued by this state to provide therapy or psychotherapy services.R.I. Gen. Laws § 40.1-5.5-2(4) and the patient. The provider retains responsibility for clinical judgement and reasonable therapeutic oversight of the patient's use of the system, but not for vendor-controlled system design, algorithms, or outputs; or (3) Determine therapeutic recommendations or treatment plans.

(d) 4 If a client discloses that they are using software that includes AI features on their own initiative, the licensed professional or providerLicensed professional or provider"Licensed professional or provider" means an individual who holds a valid license, credential, or certification issued by this state to provide therapy or psychotherapy services.R.I. Gen. Laws § 40.1-5.5-2(4) may discuss the client's use of the software and offer guidance about the client's use of the software. The licensed professional is responsible for maintaining confidentiality and monitoring the safety of the client, intervening when necessary to protect the safety of the client, and to discuss limitations and risks using the software poses to the patient.

All records kept by a licensed professional or providerLicensed professional or provider"Licensed professional or provider" means an individual who holds a valid license, credential, or certification issued by this state to provide therapy or psychotherapy services.R.I. Gen. Laws § 40.1-5.5-2(4) and all communications between an individual seeking therapy or psychotherapy servicesTherapy or psychotherapy services"Therapy or psychotherapy services" means services provided to diagnose or treat an individual's mental health or behavioral health. "Therapy or psychotherapy services" does not include religious counseling or peer support.R.I. Gen. Laws § 40.1-5.5-2(10) and a licensed professional or providerLicensed professional or provider"Licensed professional or provider" means an individual who holds a valid license, credential, or certification issued by this state to provide therapy or psychotherapy services.R.I. Gen. Laws § 40.1-5.5-2(4) shall be confidential and shall not be disclosed except as provided pursuant to the provisions of § 40.1-5-26.

(a) The penalties pursuant to § 5-37.3-9 shall apply to any violation of the confidentiality provisions of this chapter.

(b) The executive office of health and human services 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 counselingReligious counseling"Religious counseling" means counseling provided by clergy members, pastoral counselors, or other religious leaders acting within the scope of their religious duties if the services are explicitly faith-based and are not represented as clinical mental health services or therapy or psychotherapy services.R.I. Gen. Laws § 40.1-5.5-2(7); (2) Peer supportPeer support"Peer support" means services provided by individuals with lived experience of mental health conditions or recovery from substance use or gambling that are intended to offer encouragement, understanding, and guidance without clinical intervention.R.I. Gen. Laws § 40.1-5.5-2(5); and (3) Self-help materials and educational resources that are available to the public and do not purport to offer therapy or psychotherapy servicesTherapy or psychotherapy services"Therapy or psychotherapy services" means services provided to diagnose or treat an individual's mental health or behavioral health. "Therapy or psychotherapy services" does not include religious counseling or peer support.R.I. Gen. Laws § 40.1-5.5-2(10). (4) Any artificial intelligenceArtificial intelligence"Artificial intelligence", "artificial intelligence technology", or "AI" means a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations, or decisions influencing real or virtual environments.R.I. Gen. Laws § 40.1-5.5-2(2) tool or system that has been reviewed and cleared for use by the federal Food and Drug Administration, or another federal agency tasked with approving artificial intelligenceArtificial intelligence"Artificial intelligence", "artificial intelligence technology", or "AI" means a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations, or decisions influencing real or virtual environments.R.I. Gen. Laws § 40.1-5.5-2(2) and artificial intelligenceArtificial intelligence"Artificial intelligence", "artificial intelligence technology", or "AI" means a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations, or decisions influencing real or virtual environments.R.I. Gen. Laws § 40.1-5.5-2(2) algorithms for use in health care. (5) Research pursuant to the patient consentConsent"Consent" means an affirmative written agreement, including by electronic means, which unambiguously communicates the individual's explicit, express, freely given, informed, voluntary, and specific agreement, and which is revocable by the individual. "Consent" does not include an agreement that is obtained by the following: (i) The acceptance of a general or broad terms of use, agreement, or a similar document that contains descriptions of artificial intelligence along with other unrelated information; (ii) An individual hovering over, muting, pausing, or closing a given piece of digital content; or (iii) Using deceptive actions.R.I. Gen. Laws § 40.1-5.5-2(3) and/or de-identification requirements of 21 C.F.R. Pt. 50 and/or 45 C.F.R. Pt. 46 approved by a healthcare facility's institutional review board pursuant to § 23-17-19.1.

The executive office of health and human services is authorized to promulgate rules and regulations to carry out the intent of this chapter.

SECTION 2 This act shall take effect upon passage.