WHAT THIS BILL REGULATES · 2 REQUIREMENT TYPES
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.
(A) A. As used in this section: "Administrative supportAdministrative support"Administrative support" means tasks performed to assist a mental health service provider in the delivery of mental health services that do not involve therapeutic communication. "Administrative support" includes (i) managing appointment scheduling and reminders, (ii) processing billing and insurance claims, and (iii) drafting general communications related to mental health services logistics that do not include therapy or counseling.Va. Code § 54.1-2400.1:1(A)" means tasks performed to assist a mental health service providerMental health service provider"Mental health service provider" has the same meaning as provided in § 54.1-2400.1.Va. Code § 54.1-2400.1:1(A) in the delivery of mental health services that do not involve therapeutic communicationTherapeutic communication"Therapeutic communication" means any verbal, nonverbal, 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 (i) direct clinical interactions with clients that constitute the delivery of therapy or psychotherapy services; (ii) providing independent clinical guidance, strategies, or interventions designed to achieve mental health outcomes; (iii) offering emotional support, reassurance, or empathy in response to psychological or emotional distress, including suicidal or violent ideations; (iv) collaborating with clients to develop or modify therapeutic goals or treatment plans; and (v) offering behavioral feedback that constitutes the delivery of therapy or psychotherapy services.Va. Code § 54.1-2400.1:1(A). "Administrative supportAdministrative support"Administrative support" means tasks performed to assist a mental health service provider in the delivery of mental health services that do not involve therapeutic communication. "Administrative support" includes (i) managing appointment scheduling and reminders, (ii) processing billing and insurance claims, and (iii) drafting general communications related to mental health services logistics that do not include therapy or counseling.Va. Code § 54.1-2400.1:1(A)" includes (i) managing appointment scheduling and reminders, (ii) processing billing and insurance claims, and (iii) drafting general communications related to mental health services logistics that do not include therapy or counseling. "Artificial intelligence systemArtificial intelligence system"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.Va. Code § 54.1-2400.1:1(A)" 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 systemArtificial intelligence system"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.Va. Code § 54.1-2400.1:1(A)" does not include any artificial intelligence systemArtificial intelligence system"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.Va. Code § 54.1-2400.1:1(A) or general purpose artificial intelligence model that is used for development, prototyping, and research activities before such artificial intelligence systemArtificial intelligence system"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.Va. Code § 54.1-2400.1:1(A) or general purpose artificial intelligence model is made available to deployers or consumers. "Mental health service providerMental health service provider"Mental health service provider" has the same meaning as provided in § 54.1-2400.1.Va. Code § 54.1-2400.1:1(A)" has the same meaning as provided in § 54.1-2400.1. "Peer supportPeer support"Peer support" means services provided by individuals with lived experience of mental health conditions or recovery from substance use that are intended to offer encouragement, understanding, and guidance without clinical intervention.Va. Code § 54.1-2400.1:1(A)" means services provided by individuals with lived experience of mental health conditions or recovery from substance use that are intended to offer encouragement, understanding, and guidance without clinical intervention. "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 services.Va. Code § 54.1-2400.1:1(A)" 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 services. "Therapeutic communicationTherapeutic communication"Therapeutic communication" means any verbal, nonverbal, 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 (i) direct clinical interactions with clients that constitute the delivery of therapy or psychotherapy services; (ii) providing independent clinical guidance, strategies, or interventions designed to achieve mental health outcomes; (iii) offering emotional support, reassurance, or empathy in response to psychological or emotional distress, including suicidal or violent ideations; (iv) collaborating with clients to develop or modify therapeutic goals or treatment plans; and (v) offering behavioral feedback that constitutes the delivery of therapy or psychotherapy services.Va. Code § 54.1-2400.1:1(A)" means any verbal, nonverbal, 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, nonverbal, 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 (i) direct clinical interactions with clients that constitute the delivery of therapy or psychotherapy services; (ii) providing independent clinical guidance, strategies, or interventions designed to achieve mental health outcomes; (iii) offering emotional support, reassurance, or empathy in response to psychological or emotional distress, including suicidal or violent ideations; (iv) collaborating with clients to develop or modify therapeutic goals or treatment plans; and (v) offering behavioral feedback that constitutes the delivery of therapy or psychotherapy services.Va. Code § 54.1-2400.1:1(A)" includes (i) direct clinical interactions with clients that constitute the delivery of therapy or psychotherapy services; (ii) providing independent clinical guidance, strategies, or interventions designed to achieve mental health outcomes; (iii) offering emotional support, reassurance, or empathy in response to psychological or emotional distress, including suicidal or violent ideations; (iv) collaborating with clients to develop or modify therapeutic goals or treatment plans; and (v) offering behavioral feedback that constitutes the delivery of therapy or psychotherapy services.
Subsection A establishes the defined terms for the section, including administrative support, artificial intelligence system, mental health service provider, peer support, religious counseling, and therapeutic communication. The definition of therapeutic communication is notably broad, encompassing any clinical or professional interaction intended to diagnose, treat, or address mental, emotional, or behavioral health concerns — including emotional support and empathy in response to suicidal or violent ideations.
(B) ¶1 1 B. A mental health service providerMental health service provider"Mental health service provider" has the same meaning as provided in § 54.1-2400.1.Va. Code § 54.1-2400.1:1(A) may use an artificial intelligence systemArtificial intelligence system"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.Va. Code § 54.1-2400.1:1(A) to assist in providing therapy or counseling services if such mental health service providerMental health service provider"Mental health service provider" has the same meaning as provided in § 54.1-2400.1.Va. Code § 54.1-2400.1:1(A) maintains full responsibility for all interactions, outputs, and data use associated with the system.
(B) ¶2, (B)(1)–(2) 2 No licensed professional shall be permitted to use an artificial intelligence systemArtificial intelligence system"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.Va. Code § 54.1-2400.1:1(A) in providing therapy or counseling services pursuant to this subsection when the session is recorded or transcribed unless: 1. The mental health service providerMental health service provider"Mental health service provider" has the same meaning as provided in § 54.1-2400.1.Va. Code § 54.1-2400.1:1(A) discloses to the patient or the patient's legally authorized representative (i) that an artificial intelligence systemArtificial intelligence system"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.Va. Code § 54.1-2400.1:1(A) will be used and (ii) the specific purpose of the artificial intelligence systemArtificial intelligence system"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.Va. Code § 54.1-2400.1:1(A) that will be used; and 2. At the initial appointment, the mental health service providerMental health service provider"Mental health service provider" has the same meaning as provided in § 54.1-2400.1.Va. Code § 54.1-2400.1:1(A) discloses its artificial intelligence systemArtificial intelligence system"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.Va. Code § 54.1-2400.1:1(A) 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 systemArtificial intelligence system"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.Va. Code § 54.1-2400.1:1(A) as permitted by this section. The mental health service providerMental health service provider"Mental health service provider" has the same meaning as provided in § 54.1-2400.1.Va. Code § 54.1-2400.1:1(A) shall give notice of any change in its policies related to the use of an artificial intelligence systemArtificial intelligence system"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.Va. Code § 54.1-2400.1:1(A) to any patient or such patient's legally authorized representative who has consented to the use of an artificial intelligence systemArtificial intelligence system"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.Va. Code § 54.1-2400.1:1(A) pursuant to this subdivision.
Subsection B establishes two core obligations. First, it permits mental health service providers to use AI systems to assist in therapy or counseling only if the provider maintains full responsibility for all interactions, outputs, and data use associated with the system. Second, it imposes informed consent and disclosure requirements when AI is used to record or transcribe sessions: the provider must disclose the AI's use and its specific purpose, and must obtain written or digital consent at the initial appointment. Changes to AI policies must be communicated to patients who have previously consented.
(C) 3 C. A person or business entity may not provide, advertise, or otherwise offer therapy or counseling services, including through the use of an artificial intelligence systemArtificial intelligence system"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.Va. Code § 54.1-2400.1:1(A), to the public in the Commonwealth unless the therapy or counseling services are conducted by a mental health service providerMental health service provider"Mental health service provider" has the same meaning as provided in § 54.1-2400.1.Va. Code § 54.1-2400.1:1(A).
Subsection C prohibits any person or business entity from providing, advertising, or offering therapy or counseling services — including through AI — to the public in the Commonwealth unless those services are conducted by a licensed mental health service provider. This effectively bars standalone AI therapy products that operate without a licensed professional.
(D) 4 D. A mental health service providerMental health service provider"Mental health service provider" has the same meaning as provided in § 54.1-2400.1.Va. Code § 54.1-2400.1:1(A) may use an artificial intelligence systemArtificial intelligence system"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.Va. Code § 54.1-2400.1:1(A) only to the extent that such use meets the requirements of subsection B. No mental health service providerMental health service provider"Mental health service provider" has the same meaning as provided in § 54.1-2400.1.Va. Code § 54.1-2400.1:1(A) shall allow an artificial intelligence systemArtificial intelligence system"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.Va. Code § 54.1-2400.1:1(A) to: 1. Make independent therapeutic decisions; 2. Directly interact with clients in any form of therapeutic communicationTherapeutic communication"Therapeutic communication" means any verbal, nonverbal, 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 (i) direct clinical interactions with clients that constitute the delivery of therapy or psychotherapy services; (ii) providing independent clinical guidance, strategies, or interventions designed to achieve mental health outcomes; (iii) offering emotional support, reassurance, or empathy in response to psychological or emotional distress, including suicidal or violent ideations; (iv) collaborating with clients to develop or modify therapeutic goals or treatment plans; and (v) offering behavioral feedback that constitutes the delivery of therapy or psychotherapy services.Va. Code § 54.1-2400.1:1(A) without provider oversight; or 3. Generate therapeutic recommendations, diagnose, or implement treatment plans without review, oversight, and approval by the licensed professional.
Subsection D establishes categorical prohibitions on AI conduct in mental health practice. No mental health service provider may allow an AI system to (1) make independent therapeutic decisions, (2) directly interact with clients in therapeutic communication without provider oversight, or (3) generate therapeutic recommendations, diagnose, or implement treatment plans without review, oversight, and approval by a licensed professional. These restrictions ensure AI remains a tool subordinate to professional judgment.
(E) 5 E. All records kept by a mental health service providerMental health service provider"Mental health service provider" has the same meaning as provided in § 54.1-2400.1.Va. Code § 54.1-2400.1:1(A) and all communications between an individual seeking therapy or counseling services and a mental health service providerMental health service provider"Mental health service provider" has the same meaning as provided in § 54.1-2400.1.Va. Code § 54.1-2400.1:1(A) 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.
Subsection E mandates that all records kept by a mental health service provider and all communications between individuals seeking services and the provider remain confidential under existing Virginia health records privacy law (§ 32.1-127.1:03). This extends existing confidentiality requirements to AI-mediated interactions and records.
(F) F. This section does not apply to 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 services.Va. Code § 54.1-2400.1:1(A), peer supportPeer support"Peer support" means services provided by individuals with lived experience of mental health conditions or recovery from substance use that are intended to offer encouragement, understanding, and guidance without clinical intervention.Va. Code § 54.1-2400.1:1(A), or self-help materials and educational resources that are available to the public and do not purport to offer therapy or counseling services.
Subsection F carves out three categories from the section's requirements: religious counseling, peer support, and self-help materials and educational resources that are publicly available and do not purport to offer therapy or counseling services. These exemptions limit the statute's reach to clinical mental health services.
(G) G. Any person who violates the provisions of this section shall be subject to a civil penalty not to exceed $10,000. Such penalty shall be collected by the Department of Health Professions and shall be deposited into the general fund.
Subsection G establishes the enforcement mechanism: a civil penalty not to exceed $10,000 per violation, collected by the Department of Health Professions and deposited into the general fund. No private right of action is created.