Regulon — VA-HB-668 · VA HB 668 (Mental Health AI)

2026-01-13 introduced Prefiled and ordered printed; Offered 01-14-2026 26104644D

2026-01-13 committee referral Referred to Committee on Communications, Technology and Innovation

2026-01-20 other Fiscal Impact Statement from Department of Planning and Budget (HB668)

2026-01-29 other Assigned HST sub: Technology and Innovation

2026-02-04 other House subcommittee offered

2026-02-04 other Subcommittee recommends laying on the table (6-Y 4-N)

2026-02-18 other Left in Committee Communications, Technology and Innovation

Summary

Regulates the use of AI systems by mental health service providers in Virginia. Mental health service providers must maintain full responsibility for all AI interactions, outputs, and data use. AI systems may not independently make therapeutic decisions, directly interact with clients in therapeutic communication without provider oversight, or generate treatment plans without licensed professional review and approval. Therapy and counseling services may not be offered to the public through AI unless conducted by a licensed mental health service provider. Recording or transcription of sessions using AI requires written disclosure and consent. Violations are subject to civil penalties up to $10,000 collected by the Department of Health Professions. The bill was left in committee and did not advance.

Enforcement & Penalties

Enforcement Authority

Civil penalty collected by the Department of Health Professions. No private right of action is created. Enforcement is agency-initiated by the Department of Health Professions.

Penalties

Civil penalty not to exceed $10,000 per violation. Penalties deposited into the general fund. No private damages remedy, injunctive relief, or attorney fees provision.

Who Is Covered

"Mental health service provider" has the same meaning as provided in § 54.1-2400.1.

What Is Covered

"Artificial intelligence system" means any machine learning-based system that, for any explicit or implicit objective, infers from the inputs such system receives how to generate outputs, including content, decisions, predictions, and recommendations, that can influence physical or virtual environments. "Artificial intelligence system" does not include any artificial intelligence system or general purpose artificial intelligence model that is used for development, prototyping, and research activities before such artificial intelligence system or general purpose artificial intelligence model is made available to deployers or consumers.

Compliance Obligations 6 obligations · click obligation ID to open requirement page

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

§ 54.1-2400.1:1(B) (first paragraph)

Plain Language

Mental health service providers are permitted to use AI systems to assist in therapy or counseling, but only if the provider maintains full responsibility for all interactions, outputs, and data use associated with the AI system. This is a gatekeeping condition — AI-assisted therapy is only lawful if the provider accepts and maintains complete professional accountability. The provider cannot delegate responsibility to the AI system or its developer.

Statutory Text

A mental health service provider may use an artificial intelligence system to assist in providing therapy or counseling services if such mental health service provider maintains full responsibility for all interactions, outputs, and data use associated with the system.

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

§ 54.1-2400.1:1(B) (second paragraph, subdivisions 1–2)

Plain Language

When a mental health service provider uses an AI system to record or transcribe a therapy or counseling session, two prerequisites must be met: (1) the provider must disclose to the patient (or their legally authorized representative) that AI is being used and the specific purpose of that use, and (2) at the initial appointment, the provider must disclose its AI use policies and obtain written or digital consent. If the provider later changes its AI policies, it must notify any patient who previously consented. Unlike some jurisdictions that require a 24-hour advance consent window, Virginia requires consent at the initial appointment but does not specify an advance notice period. The consent appears to be ongoing — the statute does not explicitly provide for revocability, though policy change notification is required.

Statutory Text

No licensed professional shall be permitted to use an artificial intelligence system in providing therapy or counseling services pursuant to this subsection when the session is recorded or transcribed unless: 1. The mental health service provider discloses to the patient or the patient's legally authorized representative (i) that an artificial intelligence system will be used and (ii) the specific purpose of the artificial intelligence system that will be used; and 2. At the initial appointment, the mental health service provider discloses its artificial intelligence system use and policies related to such use and the patient or the patient's legally authorized representative provides written or digital consent to the use of an artificial intelligence system as permitted by this section. The mental health service provider shall give notice of any change in its policies related to the use of an artificial intelligence system to any patient or such patient's legally authorized representative who has consented to the use of an artificial intelligence system pursuant to this subdivision.

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

§ 54.1-2400.1:1(C)

Plain Language

No person or business entity may provide, advertise, or offer therapy or counseling services to the Virginia public through AI unless those services are conducted by a licensed mental health service provider. This effectively prohibits AI-only therapy products — a companion chatbot or AI therapy app cannot offer therapy or counseling in Virginia unless a licensed provider is conducting the services. The prohibition extends to advertising and offering, not just actual delivery, broadening the reach to marketing of AI therapy products.

Statutory Text

A person or business entity may not provide, advertise, or otherwise offer therapy or counseling services, including through the use of an artificial intelligence system, to the public in the Commonwealth unless the therapy or counseling services are conducted by a mental health service provider.

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

§ 54.1-2400.1:1(D)

Plain Language

Mental health service providers face three categorical prohibitions on AI use: (1) AI may not make independent therapeutic decisions; (2) AI may not directly interact with clients in any form of therapeutic communication without provider oversight; and (3) AI may not generate therapeutic recommendations, diagnose, or implement treatment plans without the licensed professional's review, oversight, and approval. The definition of therapeutic communication is broad — it covers not only direct clinical interactions but also emotional support, empathy in response to distress (including suicidal ideation), treatment plan collaboration, and behavioral feedback. This effectively means an AI system cannot autonomously deliver any aspect of therapy, even supportive or empathic responses, without provider oversight.

Statutory Text

A mental health service provider may use an artificial intelligence system only to the extent that such use meets the requirements of subsection B. No mental health service provider shall allow an artificial intelligence system to: 1. Make independent therapeutic decisions; 2. Directly interact with clients in any form of therapeutic communication without provider oversight; or 3. Generate therapeutic recommendations, diagnose, or implement treatment plans without review, oversight, and approval by the licensed professional.

Other · Healthcare

§ 54.1-2400.1:1(E)

Plain Language

All records maintained by a mental health service provider and all patient-provider communications must remain confidential under Virginia's existing health records privacy law (§ 32.1-127.1:03). Disclosure is permitted only in compliance with that statute. This provision does not create a new AI-specific obligation — it confirms that existing health privacy protections apply to AI-related records and communications in the therapy context.

Statutory Text

All records kept by a mental health service provider and all communications between an individual seeking therapy or counseling services and a mental health service provider shall be confidential pursuant to the requirements of § 32.1-127.1:03 and shall not be disclosed unless such disclosure complies with the requirements of § 32.1-127.1:03.

Other · Healthcare

§ 54.1-2400.1:1(F)

Plain Language

The statute's AI restrictions do not apply to religious counseling, peer support services, or self-help materials and educational resources available to the public that do not purport to offer therapy or counseling. This exemption is significant for AI wellness apps, faith-based counseling platforms, and peer support tools — as long as they do not hold themselves out as providing therapy or counseling services, they fall outside the statute's scope. This provision creates no compliance obligation of its own.

Statutory Text

This section does not apply to religious counseling, peer support, or self-help materials and educational resources that are available to the public and do not purport to offer therapy or counseling services.