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 or treat an individual's mental, emotional, or behavioral health concerns. "Therapeutic communication" includes (i) direct clinical interactions with clients that constitutes 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 or treat an individual's mental, emotional, or behavioral health concerns. "Therapeutic communication" includes (i) direct clinical interactions with clients that constitutes 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 or treat 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 or treat an individual's mental, emotional, or behavioral health concerns. "Therapeutic communication" includes (i) direct clinical interactions with clients that constitutes 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 constitutes 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. The key definitions are mental health service provider (incorporating the existing definition in § 54.1-2400.1), artificial intelligence system (a broad machine-learning-based definition with a carve-out for pre-deployment R&D use), and therapeutic communication (a comprehensive definition covering direct clinical interactions, clinical guidance, emotional support responses, treatment planning, and behavioral feedback). The distinction between administrative support and therapeutic communication is critical: administrative tasks such as scheduling, billing, and logistics drafting are explicitly excluded from the restrictions in later subsections.
(B) 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)(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 a two-part framework for permissible AI use by mental health service providers. First, providers may use AI 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, when AI is used to record or transcribe a therapy or counseling session, the provider must (1) disclose to the patient that AI will be used and the specific purpose of the AI system, and (2) at the initial appointment, disclose the provider's 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.
(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 Virginia unless those services are conducted by a licensed mental health service provider. This effectively prevents AI-only therapy products from operating in Virginia without a licensed provider.
(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 or treat an individual's mental, emotional, or behavioral health concerns. "Therapeutic communication" includes (i) direct clinical interactions with clients that constitutes 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 enumerates three categories of AI conduct that mental health service providers must prevent: (1) making independent therapeutic decisions, (2) directly interacting with clients in therapeutic communication without provider oversight, and (3) generating therapeutic recommendations, diagnoses, or treatment plans without licensed professional review, oversight, and approval. These restrictions collectively ensure that AI remains an assistive tool rather than an autonomous therapeutic actor.
(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 requires that all records maintained by mental health service providers and all communications between an individual seeking therapy or counseling and a provider remain confidential pursuant to Virginia's existing health records privacy statute (§ 32.1-127.1:03). Disclosure is permitted only in compliance with that statute. This provision does not create a new privacy regime but extends the existing confidentiality framework to AI-mediated therapeutic contexts.
(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 services, and self-help materials and educational resources that are available to the public and do not purport to offer therapy or counseling. These exemptions clarify that the bill does not regulate faith-based counseling, peer recovery services, or general wellness content.
(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: any person who violates the section is subject to a civil penalty not to exceed $10,000. The penalty is collected by the Department of Health Professions and deposited into the general fund. The statute does not create a private right of action, graduated penalties, or additional remedies such as injunctive relief.