WHAT THIS BILL REGULATES · 1 REQUIREMENT TYPE
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.
This chapter shall be known and may be cited as the "Oversight 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, and that uses machine and human-based inputs to perceive real and virtual environments, abstract such perceptions into models through analysis in an automated manner, and use model inference to formulate options for information or action.R.I. Gen. Laws § 40.1-5.5-2(2) Technology in Mental Health Care Act".
Establishes the short title of the chapter as the "Oversight of Artificial Intelligence Technology in Mental Health Care Act." This section is purely nomenclatural and creates no compliance obligations.
(1)–(11) For the purposes of this chapter: (1) "Administrative supportAdministrative support"Administrative support" means tasks performed to assist a licensed professional in the delivery of therapy or psychotherapy services that do not involve 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 professionalLicensed professional"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.R.I. Gen. Laws § 40.1-5.5-2(5) in the delivery of therapy or psychotherapy servicesTherapy or psychotherapy services"Therapy or psychotherapy services" means services provided to diagnose, treat, or improve 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(11) that do not involve communication. "Administrative supportAdministrative support"Administrative support" means tasks performed to assist a licensed professional in the delivery of therapy or psychotherapy services that do not involve 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, and that uses machine and human-based inputs to perceive real and virtual environments, abstract such perceptions into models through analysis in an automated manner, and use model inference to formulate options for information or action.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, and that uses machine and human-based inputs to perceive real and virtual environments, abstract such perceptions into models through analysis in an automated manner, and use model inference to formulate options for information or action.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, and that uses machine and human-based inputs to perceive real and virtual environments, abstract such perceptions into models through analysis in an automated manner, and use model inference to formulate options for information or action. (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, and that uses machine and human-based inputs to perceive real and virtual environments, abstract such perceptions into models through analysis in an automated manner, and use model inference to formulate options for information or action.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) "DirectorDirector"Director" means the director of the department of health.R.I. Gen. Laws § 40.1-5.5-2(4)" means the director of the department of health. (5) "Licensed professionalLicensed professional"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.R.I. Gen. Laws § 40.1-5.5-2(5)" 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 servicesTherapy or psychotherapy services"Therapy or psychotherapy services" means services provided to diagnose, treat, or improve 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(11) 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 servicesTherapy or psychotherapy services"Therapy or psychotherapy services" means services provided to diagnose, treat, or improve 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(11), except for a physician. (6) "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(6)" 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. (7) "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 to assist in providing administrative support or supplementary support in therapy or psychotherapy services where the licensed professional maintains full responsibility for all interactions, outputs, and data use associated with the system and satisfies the requirements of this chapter.R.I. Gen. Laws § 40.1-5.5-2(7)" 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, and that uses machine and human-based inputs to perceive real and virtual environments, abstract such perceptions into models through analysis in an automated manner, and use model inference to formulate options for information or action.R.I. Gen. Laws § 40.1-5.5-2(2) tools or systems by a licensed professionalLicensed professional"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.R.I. Gen. Laws § 40.1-5.5-2(5) to assist in providing administrative supportAdministrative support"Administrative support" means tasks performed to assist a licensed professional in the delivery of therapy or psychotherapy services that do not involve 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 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 anonymized 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(9) in therapy or psychotherapy servicesTherapy or psychotherapy services"Therapy or psychotherapy services" means services provided to diagnose, treat, or improve 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(11) where the licensed professionalLicensed professional"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.R.I. Gen. Laws § 40.1-5.5-2(5) maintains full responsibility for all interactions, outputs, and data use associated with the system and satisfies the requirements of this chapter. (8) "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(8)" 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, treat, or improve 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(11). (9) "Supplementary supportSupplementary support"Supplementary support" means tasks performed to assist a licensed professional 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 anonymized 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(9)" means tasks performed to assist a licensed professionalLicensed professional"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.R.I. Gen. Laws § 40.1-5.5-2(5) in the delivery of therapy or psychotherapy servicesTherapy or psychotherapy services"Therapy or psychotherapy services" means services provided to diagnose, treat, or improve 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(11) 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, treat, or address 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(10) and that are not administrative supportAdministrative support"Administrative support" means tasks performed to assist a licensed professional in the delivery of therapy or psychotherapy services that do not involve 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 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 anonymized 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(9)" includes, but is not limited to, the following: (i) Preparing and maintaining client records, including therapy notes; (ii) Analyzing anonymized 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. (10) "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, treat, or address 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(10)" means any verbal, non-verbal, or written interaction conducted in a clinical or professional setting that is intended to diagnose, treat, or address 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, treat, or address 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(10)" 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. (11) "Therapy or psychotherapy servicesTherapy or psychotherapy services"Therapy or psychotherapy services" means services provided to diagnose, treat, or improve 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(11)" means services provided to diagnose, treat, or improve an individual's mental health or behavioral health. "Therapy or psychotherapy servicesTherapy or psychotherapy services"Therapy or psychotherapy services" means services provided to diagnose, treat, or improve 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(11)" 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(8) 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(6).
Section 2 defines eleven terms used throughout the chapter. Key defined terms include "licensed professional" (the primary covered entity), "permitted use of artificial intelligence" (which limits AI use to administrative and supplementary support under licensed professional supervision), "therapeutic communication" (which AI is categorically prohibited from performing), and "consent" (which requires affirmative, written, informed, revocable agreement and explicitly excludes bundled terms-of-use acceptance, passive digital interactions, and deceptive actions).
The definition of "supplementary support" is distinct from "administrative support" — supplementary support covers tasks like maintaining therapy notes and analyzing anonymized client data, while administrative support covers scheduling, billing, and logistics communications. Both categories exclude therapeutic communication.
(a) 1 No licensed professionalLicensed professional"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.R.I. Gen. Laws § 40.1-5.5-2(5) 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, and that uses machine and human-based inputs to perceive real and virtual environments, abstract such perceptions into models through analysis in an automated manner, and use model inference to formulate options for information or action.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, and that uses machine and human-based inputs to perceive real and virtual environments, abstract such perceptions into models through analysis in an automated manner, and use model inference to formulate options for information or action.R.I. Gen. Laws § 40.1-5.5-2(2) companions for mental health or emotional support, to assist in providing supplementary supportSupplementary support"Supplementary support" means tasks performed to assist a licensed professional 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 anonymized 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(9) in therapy or psychotherapy servicesTherapy or psychotherapy services"Therapy or psychotherapy services" means services provided to diagnose, treat, or improve 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(11) 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 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, and that uses machine and human-based inputs to perceive real and virtual environments, abstract such perceptions into models through analysis in an automated manner, and use model inference to formulate options for information or action.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, and that uses machine and human-based inputs to perceive real and virtual environments, abstract such perceptions into models through analysis in an automated manner, and use model inference to formulate options for information or action.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, and that uses machine and human-based inputs to perceive real and virtual environments, abstract such perceptions into models through analysis in an automated manner, and use model inference to formulate options for information or action.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, treat, or improve 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(11), 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, and that uses machine and human-based inputs to perceive real and virtual environments, abstract such perceptions into models through analysis in an automated manner, and use model inference to formulate options for information or action.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, treat, or improve 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(11) are conducted by an individual who is a licensed professionalLicensed professional"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.R.I. Gen. Laws § 40.1-5.5-2(5).
(c) 3 A licensed professionalLicensed professional"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.R.I. Gen. Laws § 40.1-5.5-2(5) 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, and that uses machine and human-based inputs to perceive real and virtual environments, abstract such perceptions into models through analysis in an automated manner, and use model inference to formulate options for information or action.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 professionalLicensed professional"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.R.I. Gen. Laws § 40.1-5.5-2(5) 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, and that uses machine and human-based inputs to perceive real and virtual environments, abstract such perceptions into models through analysis in an automated manner, and use model inference to formulate options for information or action.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, treat, or address 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(10); (3) Generate therapeutic recommendations or treatment plans; or (4) Detect emotions or mental states.
Section 3 is the operative core of the bill, imposing three distinct sets of obligations. Subsection (a) establishes a consent requirement: before a licensed 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 in supplementary support where a therapeutic session is recorded or transcribed, the patient (or parent/guardian) must receive written notice that AI will be used, its specific purpose, and must provide affirmative written consent.
Subsection (b) prohibits any individual, corporation, or entity from providing, advertising, or offering therapy or psychotherapy services to the public in Rhode Island through AI unless those services are conducted by a licensed professional. This is a broad market-access restriction targeting AI therapy platforms.
Subsection (c) restricts the scope of permissible AI use by licensed professionals, capping it at the consent-based supplementary support authorized by subsection (a). It categorically prohibits licensed professionals from using AI to: (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.
4 All records kept by a licensed professionalLicensed professional"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.R.I. Gen. Laws § 40.1-5.5-2(5) and all communications between an individual seeking therapy or psychotherapy servicesTherapy or psychotherapy services"Therapy or psychotherapy services" means services provided to diagnose, treat, or improve 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(11) and a licensed professionalLicensed professional"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.R.I. Gen. Laws § 40.1-5.5-2(5) shall be confidential and shall not be disclosed except as provided pursuant to the provisions of § 40.1-5-26.
Section 4 provides that all records kept by a licensed professional and all communications between an individual seeking therapy or psychotherapy services and a licensed professional are confidential, subject to the existing disclosure exceptions in § 40.1-5-26. This extends the existing mental health confidentiality framework to AI-assisted therapy contexts but does not create a novel AI-specific obligation beyond the cross-reference to existing law.
(a) The penalties pursuant to § 5-37.3-9 shall apply to any violation of the confidentiality provisions of this chapter.
(b) The directorDirector"Director" means the director of the department of health.R.I. Gen. Laws § 40.1-5.5-2(4) 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(8); (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(6); 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, treat, or improve 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(11).
Section 5 establishes the enforcement framework. Subsection (a) cross-references the penalty provisions of § 5-37.3-9 for confidentiality violations. Subsection (b) grants the Director of the Department of Health investigative authority over actual, alleged, or suspected violations. Subsection (c) carves out three categories from the chapter's scope: religious counseling, peer support, and self-help materials and educational resources that do not purport to offer therapy.
The director of the department of health is authorized to promulgate rules and regulations to carry out the intent of this chapter.
Section 6 grants the Director of the Department of Health authority to promulgate rules and regulations to implement the chapter. This is a standard delegation provision creating no direct compliance obligation on regulated parties.