Regulon — VT-H-0644 · VT H 644 (AI in Mental Health Services)

Summary

Prohibits any person, corporation, or entity from offering, providing, or advertising mental health services in Vermont that use AI in whole or in part, except when used by licensed mental health professionals for narrow administrative support or transcription purposes. Mental health professionals are specifically prohibited from using AI to make therapeutic decisions, issue direct therapeutic communications, generate treatment plans, or detect emotions or mental states. AI may be used for administrative support only if the professional reviews and assumes responsibility for all AI outputs, and for transcription only with prior written informed consent that is revocable. Violations are deemed violations of the Consumer Protection Act, carrying $10,000 civil penalties per violation, with both AG and private enforcement. Misuse by licensed professionals also constitutes unprofessional conduct subject to licensing discipline.

Enforcement & Penalties

Enforcement Authority

Attorney General enforcement under the Consumer Protection Act, 9 V.S.A. chapter 63, subchapter 1. The Attorney General has authority to make rules, conduct civil investigations, enter into assurances of discontinuance, and bring civil actions. Private parties have the same rights and remedies as provided under 9 V.S.A. chapter 63, subchapter 1. For licensed mental health professionals, violations constitute unprofessional conduct under 3 V.S.A. § 129a, subject to licensing board disciplinary action including denial of a license.

Penalties

Each violation of 18 V.S.A. § 7115 carries a civil penalty of $10,000.00 as set forth in 9 V.S.A. § 2461. Private parties have the same rights and remedies as provided under 9 V.S.A. chapter 63, subchapter 1. Nothing in the section precludes or supplants any other statutory or common law remedies. Licensed mental health professionals face professional disciplinary action including potential license denial or revocation for violations constituting unprofessional conduct.

Who Is Covered

"Mental health professional" means an individual licensed, certified, or rostered, respectively, to provide mental health services as a physician pursuant to chapter 23 or 33 of this title; an advance practice registered nurse specializing in psychiatric mental health pursuant to chapter 28 of this title; a psychologist pursuant to chapter 55 of this title; a peer support provider or peer recovery support specialist pursuant to chapter 60 of this title; a social worker pursuant to chapter 61 of this title; an alcohol and drug abuse counselor pursuant to chapter 62 of this title; a clinical mental health counselor pursuant to chapter 65 of this title; a marriage and family therapist pursuant to chapter 76 of this title; a psychoanalyst pursuant to chapter 77 of this title; or an applied behavior analyst pursuant to chapter 95 of this title; and a nonlicensed or noncertified psychotherapist, noncertified psychoanalyst, or any other professional that provides mental health services.

Compliance Obligations 7 obligations · click obligation ID to open requirement page

HC-02 AI in Licensed Professional Practice Restrictions · HC-02.3 · DeployerDeveloper · HealthcareChatbot

18 V.S.A. § 7115(b)

Plain Language

No person, corporation, or entity may offer, provide, or advertise mental health services in Vermont that use AI in any capacity — whether in whole or in part — unless the use falls within the narrow exceptions available to licensed mental health professionals under 26 V.S.A. § 7101 (administrative support with professional review, and transcription with prior written consent). This is a broad prohibition that applies to all entities, not just licensed professionals. An unlicensed entity operating an AI therapy chatbot in Vermont would violate this section with no available exception. Violations are deemed Consumer Protection Act violations carrying $10,000 per violation penalties.

Statutory Text

(b) A person, corporation, or entity shall not offer, provide, or advertise mental health services in the State that use artificial intelligence in whole or in part, except as authorized pursuant to 26 V.S.A. § 7101.

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18 V.S.A. § 7115(c)(1)-(2)

Plain Language

This provision establishes that violations of the AI mental health services prohibition are enforceable as Consumer Protection Act violations, with AG enforcement and private party rights and remedies. It sets a $10,000 per-violation civil penalty and preserves all other statutory and common law remedies. This is an enforcement mechanism, not an independent compliance obligation.

Statutory Text

(c)(1) A violation of this section shall be deemed a violation of the Consumer Protection Act, 9 V.S.A. chapter 63. The Attorney General has the same authority to make rules, conduct civil investigations, enter into assurances of discontinuance, and bring civil actions, and private parties have the same rights and remedies, as provided under 9 V.S.A. chapter 63, subchapter 1. Each violation of this section shall carry a civil penalty of $10,000.00 as set forth in 9 V.S.A. § 2461. (2) Nothing in this section shall be construed to preclude or supplant any other statutory or common law remedies.

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

26 V.S.A. § 7101(b)(1)

Plain Language

Mental health professionals may use AI for administrative support tasks — scheduling, billing, drafting logistics communications, maintaining clinical records, analyzing deidentified data, and organizing referrals — but only if the professional personally reviews and assumes full responsibility for all tasks performed, outputs generated, and data use associated with the AI system. Administrative support is explicitly defined to exclude therapeutic communication, so any AI output that crosses into diagnosis, treatment advice, emotional support, or therapeutic interaction falls outside this permission. The professional's review obligation is not passive — they must affirmatively verify and take ownership of every AI output before it is acted upon.

Statutory Text

(b) Permitted uses. (1) A mental health professional may use artificial intelligence for administrative support to the extent that the professional reviews and assumes responsibility for all tasks performed by, outputs created by, and data use associated with the artificial intelligence system employed.

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

26 V.S.A. § 7101(b)(2)

Plain Language

Before using AI for transcription or recording in a therapeutic session, the mental health professional must: (1) provide the patient, client, or their legal guardian a written notice identifying the specific purpose of the AI use and informing them that any AI-generated transcription or recording is subject to existing confidentiality protections under 18 V.S.A. §§ 1881 and 7103; and (2) obtain the patient's or guardian's written, informed, revocable consent. Both steps must occur before the AI transcription begins. Consent must be explicit, affirmative, and in writing — implied consent or oral agreement is insufficient. The consent is revocable at any time.

Statutory Text

(2) If a mental health professional uses artificial intelligence for transcription and recording purposes, the mental health professional shall first: (A) inform the patient or client, or the patient's or client's legal guardian, in writing of the specific purpose for which artificial intelligence is being used and that any transcription or recording performed by artificial intelligence shall be subject to the disclosure prohibitions in subsection (c) of this section; and (B) obtain consent from the patient or client, or the patient's or client's legal guardian.

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

26 V.S.A. § 7101(d)(1)

Plain Language

Licensed mental health professionals are categorically prohibited from using AI to make therapeutic decisions, issue direct therapeutic communications, generate treatment plans or recommendations, or detect or interpret emotions or mental states. They are also prohibited from offering, providing, or advertising any mental health services that use AI, except for the narrow administrative support and transcription permissions in subsection (b). This is a bright-line prohibition — there is no safe harbor for AI-assisted therapeutic work even with professional oversight. The only AI uses permitted for mental health professionals are administrative support (with full professional review) and transcription (with prior written informed consent). Violations constitute unprofessional conduct under 3 V.S.A. § 129a, subjecting the professional to licensing discipline.

Statutory Text

(d) Prohibited uses. A mental health professional shall neither: (1) use artificial intelligence in the State to make therapeutic decisions, issue direct therapeutic communications, generate treatment plans or recommendations, or detect or interpret emotions or mental states; nor (2) offer, provide, or advertise mental health services in the State that use artificial intelligence in whole or in part, except as provided in subsection (b) of this section.

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26 V.S.A. § 7101(c)

Plain Language

All AI-generated outputs from administrative support tasks — including transcription and recording — are subject to the same confidentiality protections that apply to mental health records under 18 V.S.A. §§ 1881 and 7103. This confirms that existing health information disclosure prohibitions extend to AI-processed data. It does not create a new compliance obligation but ensures existing confidentiality law applies to AI-generated materials.

Statutory Text

(c) Confidentiality. Any administrative support tasks conducted using artificial intelligence shall be subject to the disclosure prohibitions in 18 V.S.A. §§ 1881 and 7103, including transcription and recording.

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3 V.S.A. § 129a(a)(30)

Plain Language

This amendment adds a new category of unprofessional conduct for mental health professionals: misuse of AI as defined by 26 V.S.A. § 7101. This means violations of the AI prohibitions and requirements in § 7101 can trigger professional licensing board disciplinary action, including license denial or revocation. It creates no new compliance obligation — it is an enforcement hook connecting the substantive AI restrictions to the existing professional discipline framework.

Statutory Text

(30) For any mental health professional, misuse of artificial intelligence pursuant to 26 V.S.A. § 7101.