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.
It is the purpose of this act to safeguard individuals seeking mental health servicesMental health services"Mental health services" means services provided to diagnose, treat, or address an individual's mental health or behavioral health through therapeutic communications and therapeutic decisions.18 V.S.A. § 7115(a)(3) in Vermont from psychological harm, including death by suicide, by ensuring that these services are delivered by mental health professionalsMental health professional"Mental health professional" means an individual licensed, certified, or rostered, respectively, to provide mental health services as a physician pursuant to 26 V.S.A. chapter 23 or 33; an advanced practice registered nurse specializing in psychiatric mental health pursuant to 26 V.S.A. chapter 28; a psychologist pursuant to 26 V.S.A. chapter 55; a peer support provider or peer recovery support specialist pursuant to 26 V.S.A. chapter 60; a social worker pursuant to 26 V.S.A. chapter 61; an alcohol and drug abuse counselor pursuant to 26 V.S.A. chapter 62; a clinical mental health counselor pursuant to 26 V.S.A. chapter 65; a marriage and family therapist pursuant to 26 V.S.A. chapter 76; a psychoanalyst pursuant to 26 V.S.A. chapter 77; an applied behavior analyst pursuant to 26 V.S.A. chapter 95; a nonlicensed or noncertified psychotherapist or a noncertified psychoanalyst; or any other professional who provides mental health services.18 V.S.A. § 7115(a)(2) and not independently by artificial intelligenceArtificial intelligence"Artificial intelligence" means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments.18 V.S.A. § 7115(a)(1) systems.
This section states the act's purpose: safeguarding individuals seeking mental health services in Vermont from psychological harm — including death by suicide — by ensuring those services are delivered by mental health professionals and not independently by artificial intelligence systems. It is a legislative findings/purpose statement and imposes no compliance obligation.
(a)(30) For any mental health professionalMental health professional"Mental health professional" means an individual licensed, certified, or rostered, respectively, to provide mental health services as a physician pursuant to 26 V.S.A. chapter 23 or 33; an advanced practice registered nurse specializing in psychiatric mental health pursuant to 26 V.S.A. chapter 28; a psychologist pursuant to 26 V.S.A. chapter 55; a peer support provider or peer recovery support specialist pursuant to 26 V.S.A. chapter 60; a social worker pursuant to 26 V.S.A. chapter 61; an alcohol and drug abuse counselor pursuant to 26 V.S.A. chapter 62; a clinical mental health counselor pursuant to 26 V.S.A. chapter 65; a marriage and family therapist pursuant to 26 V.S.A. chapter 76; a psychoanalyst pursuant to 26 V.S.A. chapter 77; an applied behavior analyst pursuant to 26 V.S.A. chapter 95; a nonlicensed or noncertified psychotherapist or a noncertified psychoanalyst; or any other professional who provides mental health services.18 V.S.A. § 7115(a)(2), engaging in the prohibited use of artificial intelligenceArtificial intelligence"Artificial intelligence" means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments.18 V.S.A. § 7115(a)(1) pursuant to 18 V.S.A. § 7115.
This section amends the general professional-regulation unprofessional-conduct statute to add that, for any mental health professional, engaging in the prohibited use of artificial intelligence under 18 V.S.A. § 7115 constitutes unprofessional conduct. It is an enforcement hook that channels violations of the substantive AI prohibitions into the licensing-discipline framework rather than creating an independent compliance duty.
(a) As used in this section: (1) "Artificial intelligenceArtificial intelligence"Artificial intelligence" means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments.18 V.S.A. § 7115(a)(1)" means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments. (2) "Mental health professionalMental health professional"Mental health professional" means an individual licensed, certified, or rostered, respectively, to provide mental health services as a physician pursuant to 26 V.S.A. chapter 23 or 33; an advanced practice registered nurse specializing in psychiatric mental health pursuant to 26 V.S.A. chapter 28; a psychologist pursuant to 26 V.S.A. chapter 55; a peer support provider or peer recovery support specialist pursuant to 26 V.S.A. chapter 60; a social worker pursuant to 26 V.S.A. chapter 61; an alcohol and drug abuse counselor pursuant to 26 V.S.A. chapter 62; a clinical mental health counselor pursuant to 26 V.S.A. chapter 65; a marriage and family therapist pursuant to 26 V.S.A. chapter 76; a psychoanalyst pursuant to 26 V.S.A. chapter 77; an applied behavior analyst pursuant to 26 V.S.A. chapter 95; a nonlicensed or noncertified psychotherapist or a noncertified psychoanalyst; or any other professional who provides mental health services.18 V.S.A. § 7115(a)(2)" means an individual licensed, certified, or rostered, respectively, to provide mental health servicesMental health services"Mental health services" means services provided to diagnose, treat, or address an individual's mental health or behavioral health through therapeutic communications and therapeutic decisions.18 V.S.A. § 7115(a)(3) as a physician pursuant to 26 V.S.A. chapter 23 or 33; an advanced practice registered nurse specializing in psychiatric mental health pursuant to 26 V.S.A. chapter 28; a psychologist pursuant to 26 V.S.A. chapter 55; a peer supportPeer support"Peer support" means support services provided by an individual with lived experience of a mental health condition or substance use disorder who is not certified under chapter 60 of this title.26 V.S.A. § 7101(a)(6) provider or peer recovery support specialist pursuant to 26 V.S.A. chapter 60; a social worker pursuant to 26 V.S.A. chapter 61; an alcohol and drug abuse counselor pursuant to 26 V.S.A. chapter 62; a clinical mental health counselor pursuant to 26 V.S.A. chapter 65; a marriage and family therapist pursuant to 26 V.S.A. chapter 76; a psychoanalyst pursuant to 26 V.S.A. chapter 77; an applied behavior analyst pursuant to 26 V.S.A. chapter 95; a nonlicensed or noncertified psychotherapist or a noncertified psychoanalyst; or any other professional who provides mental health servicesMental health services"Mental health services" means services provided to diagnose, treat, or address an individual's mental health or behavioral health through therapeutic communications and therapeutic decisions.18 V.S.A. § 7115(a)(3). (3) "Mental health servicesMental health services"Mental health services" means services provided to diagnose, treat, or address an individual's mental health or behavioral health through therapeutic communications and therapeutic decisions.18 V.S.A. § 7115(a)(3)" means services provided to diagnose, treat, or address an individual's mental health or behavioral health through therapeutic communicationsTherapeutic communication"Therapeutic communication" means a written, verbal, or nonverbal interaction intended to diagnose or treat any type of mental or behavioral health concern, provide ongoing recovery support, or provide clinical advice on diagnosis, treatment, or recovery support, such as: (A) engaging in direct interactions with clients or patients for the purpose of understanding or reflecting the client's or patient's mental health condition; (B) providing clinical guidance, strategies, or interventions; (C) offering clinical support, including reassurance or empathy in response to emotional or psychological distress; (D) collaborating with a patient or client to develop or modify treatment plans or therapeutic mental health goals; and (E) delivering feedback intended to promote growth or address mental health outcomes.18 V.S.A. § 7115(a)(4) and therapeutic decisionsTherapeutic decision"Therapeutic decision" means the final clinical determination regarding diagnosis or the selection, modification, or termination of treatment or care.18 V.S.A. § 7115(a)(5). (4) "Therapeutic communicationTherapeutic communication"Therapeutic communication" means a written, verbal, or nonverbal interaction intended to diagnose or treat any type of mental or behavioral health concern, provide ongoing recovery support, or provide clinical advice on diagnosis, treatment, or recovery support, such as: (A) engaging in direct interactions with clients or patients for the purpose of understanding or reflecting the client's or patient's mental health condition; (B) providing clinical guidance, strategies, or interventions; (C) offering clinical support, including reassurance or empathy in response to emotional or psychological distress; (D) collaborating with a patient or client to develop or modify treatment plans or therapeutic mental health goals; and (E) delivering feedback intended to promote growth or address mental health outcomes.18 V.S.A. § 7115(a)(4)" means a written, verbal, or nonverbal interaction intended to diagnose or treat any type of mental or behavioral health concern, provide ongoing recovery support, or provide clinical advice on diagnosis, treatment, or recovery support, such as: (A) engaging in direct interactions with clients or patients for the purpose of understanding or reflecting the client's or patient's mental health condition; (B) providing clinical guidance, strategies, or interventions; (C) offering clinical support, including reassurance or empathy in response to emotional or psychological distress; (D) collaborating with a patient or client to develop or modify treatment plans or therapeutic mental health goals; and (E) delivering feedback intended to promote growth or address mental health outcomes. (5) "Therapeutic decisionTherapeutic decision"Therapeutic decision" means the final clinical determination regarding diagnosis or the selection, modification, or termination of treatment or care.18 V.S.A. § 7115(a)(5)" means the final clinical determination regarding diagnosis or the selection, modification, or termination of treatment or care.
(b) 2 A corporation or entity shall not provide, advertise, or otherwise offer mental health servicesMental health services"Mental health services" means services provided to diagnose, treat, or address an individual's mental health or behavioral health through therapeutic communications and therapeutic decisions.18 V.S.A. § 7115(a)(3), including through the use of artificial intelligenceArtificial intelligence"Artificial intelligence" means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments.18 V.S.A. § 7115(a)(1), to the public unless the mental health servicesMental health services"Mental health services" means services provided to diagnose, treat, or address an individual's mental health or behavioral health through therapeutic communications and therapeutic decisions.18 V.S.A. § 7115(a)(3) are: (1) provided by a mental health professionalMental health professional"Mental health professional" means an individual licensed, certified, or rostered, respectively, to provide mental health services as a physician pursuant to 26 V.S.A. chapter 23 or 33; an advanced practice registered nurse specializing in psychiatric mental health pursuant to 26 V.S.A. chapter 28; a psychologist pursuant to 26 V.S.A. chapter 55; a peer support provider or peer recovery support specialist pursuant to 26 V.S.A. chapter 60; a social worker pursuant to 26 V.S.A. chapter 61; an alcohol and drug abuse counselor pursuant to 26 V.S.A. chapter 62; a clinical mental health counselor pursuant to 26 V.S.A. chapter 65; a marriage and family therapist pursuant to 26 V.S.A. chapter 76; a psychoanalyst pursuant to 26 V.S.A. chapter 77; an applied behavior analyst pursuant to 26 V.S.A. chapter 95; a nonlicensed or noncertified psychotherapist or a noncertified psychoanalyst; or any other professional who provides mental health services.18 V.S.A. § 7115(a)(2); or (2) part of an approved institutional review board or privacy board study in accordance with 45 C.F.R. § 164.512(i)(1)(i)(A) and (B).
(c) A violation of this section by a corporation or entity shall be deemed a violation of the Consumer Protection Act, 9 V.S.A. chapter 63. The Attorney General has the same authority, and private parties have the same rights and remedies, as provided under 9 V.S.A. chapter 63, subchapter 1. (2) Nothing in this section shall be construed to preclude or supplant any other statutory or common law remedies.
(d) Nothing in this section shall preclude a mental health professionalMental health professional"Mental health professional" means an individual licensed, certified, or rostered, respectively, to provide mental health services as a physician pursuant to 26 V.S.A. chapter 23 or 33; an advanced practice registered nurse specializing in psychiatric mental health pursuant to 26 V.S.A. chapter 28; a psychologist pursuant to 26 V.S.A. chapter 55; a peer support provider or peer recovery support specialist pursuant to 26 V.S.A. chapter 60; a social worker pursuant to 26 V.S.A. chapter 61; an alcohol and drug abuse counselor pursuant to 26 V.S.A. chapter 62; a clinical mental health counselor pursuant to 26 V.S.A. chapter 65; a marriage and family therapist pursuant to 26 V.S.A. chapter 76; a psychoanalyst pursuant to 26 V.S.A. chapter 77; an applied behavior analyst pursuant to 26 V.S.A. chapter 95; a nonlicensed or noncertified psychotherapist or a noncertified psychoanalyst; or any other professional who provides mental health services.18 V.S.A. § 7115(a)(2) who is operating within the professional's scope of practice from utilizing artificial intelligenceArtificial intelligence"Artificial intelligence" means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments.18 V.S.A. § 7115(a)(1) tools that are compliant with the Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191, provided that the mental health professionalMental health professional"Mental health professional" means an individual licensed, certified, or rostered, respectively, to provide mental health services as a physician pursuant to 26 V.S.A. chapter 23 or 33; an advanced practice registered nurse specializing in psychiatric mental health pursuant to 26 V.S.A. chapter 28; a psychologist pursuant to 26 V.S.A. chapter 55; a peer support provider or peer recovery support specialist pursuant to 26 V.S.A. chapter 60; a social worker pursuant to 26 V.S.A. chapter 61; an alcohol and drug abuse counselor pursuant to 26 V.S.A. chapter 62; a clinical mental health counselor pursuant to 26 V.S.A. chapter 65; a marriage and family therapist pursuant to 26 V.S.A. chapter 76; a psychoanalyst pursuant to 26 V.S.A. chapter 77; an applied behavior analyst pursuant to 26 V.S.A. chapter 95; a nonlicensed or noncertified psychotherapist or a noncertified psychoanalyst; or any other professional who provides mental health services.18 V.S.A. § 7115(a)(2) reviews and approves any mental health servicesMental health services"Mental health services" means services provided to diagnose, treat, or address an individual's mental health or behavioral health through therapeutic communications and therapeutic decisions.18 V.S.A. § 7115(a)(3). This includes a software-based medical product, including a digital therapeutic or software as a medical device product that is authorized, cleared, or approved by the U.S. Food and Drug Administration, provided the product's use is prescribed or recommended by a mental health professionalMental health professional"Mental health professional" means an individual licensed, certified, or rostered, respectively, to provide mental health services as a physician pursuant to 26 V.S.A. chapter 23 or 33; an advanced practice registered nurse specializing in psychiatric mental health pursuant to 26 V.S.A. chapter 28; a psychologist pursuant to 26 V.S.A. chapter 55; a peer support provider or peer recovery support specialist pursuant to 26 V.S.A. chapter 60; a social worker pursuant to 26 V.S.A. chapter 61; an alcohol and drug abuse counselor pursuant to 26 V.S.A. chapter 62; a clinical mental health counselor pursuant to 26 V.S.A. chapter 65; a marriage and family therapist pursuant to 26 V.S.A. chapter 76; a psychoanalyst pursuant to 26 V.S.A. chapter 77; an applied behavior analyst pursuant to 26 V.S.A. chapter 95; a nonlicensed or noncertified psychotherapist or a noncertified psychoanalyst; or any other professional who provides mental health services.18 V.S.A. § 7115(a)(2).
This is the core public-facing prohibition. A corporation or entity may not provide, advertise, or otherwise offer mental health services — including through the use of artificial intelligence — to the public unless those services are provided by a mental health professional, or are part of an approved IRB or privacy-board study under federal regulation. In effect, AI cannot be the independent provider of mental health services to the Vermont public; a licensed human must stand behind the service.
Violations are deemed violations of the Vermont Consumer Protection Act, giving the Attorney General full investigative and enforcement authority and giving private parties the same rights and remedies available under chapter 63, subchapter 1. A construction clause preserves other statutory and common-law remedies, and a savings clause confirms that a professional operating within scope may still use HIPAA-compliant AI tools (including FDA-authorized digital therapeutics or software-as-a-medical-device) so long as the professional reviews and approves the resulting services.
(1)–(2) "Artificial intelligenceArtificial intelligence"Artificial intelligence" means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments.18 V.S.A. § 7115(a)(1)" means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments. "Artificial intelligenceArtificial intelligence"Artificial intelligence" means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments.18 V.S.A. § 7115(a)(1)" includes generative artificial intelligenceGenerative artificial intelligence"Generative artificial intelligence" means an artificial intelligence that can generate derived synthetic content, including text, images, video, and audio, that emulates the structure and characteristics of the system's training data.26 V.S.A. § 7001(2). (2) "Generative artificial intelligenceGenerative artificial intelligence"Generative artificial intelligence" means an artificial intelligence that can generate derived synthetic content, including text, images, video, and audio, that emulates the structure and characteristics of the system's training data.26 V.S.A. § 7001(2)" means an artificial intelligenceArtificial intelligence"Artificial intelligence" means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments.18 V.S.A. § 7115(a)(1) that can generate derived synthetic content, including text, images, video, and audio, that emulates the structure and characteristics of the system's training data.
This section, the general-provisions chapter for AI in regulated professions, defines artificial intelligence and generative artificial intelligence for purposes of 26 V.S.A. chapter 120. It is definitional and imposes no compliance obligation.
(a) Definitions. As used in this section: (1) "Administrative supportAdministrative support"Administrative support" means a task performed to assist a mental health professional in the professional's delivery of mental health services, such as scheduling, billing, and general logistics, but excluding therapeutic communication.26 V.S.A. § 7101(a)(1)" means a task performed to assist a mental health professionalMental health professional"Mental health professional" means an individual licensed, certified, or rostered, respectively, to provide mental health services as a physician pursuant to 26 V.S.A. chapter 23 or 33; an advanced practice registered nurse specializing in psychiatric mental health pursuant to 26 V.S.A. chapter 28; a psychologist pursuant to 26 V.S.A. chapter 55; a peer support provider or peer recovery support specialist pursuant to 26 V.S.A. chapter 60; a social worker pursuant to 26 V.S.A. chapter 61; an alcohol and drug abuse counselor pursuant to 26 V.S.A. chapter 62; a clinical mental health counselor pursuant to 26 V.S.A. chapter 65; a marriage and family therapist pursuant to 26 V.S.A. chapter 76; a psychoanalyst pursuant to 26 V.S.A. chapter 77; an applied behavior analyst pursuant to 26 V.S.A. chapter 95; a nonlicensed or noncertified psychotherapist or a noncertified psychoanalyst; or any other professional who provides mental health services.18 V.S.A. § 7115(a)(2) in the professional's delivery of mental health servicesMental health services"Mental health services" means services provided to diagnose, treat, or address an individual's mental health or behavioral health through therapeutic communications and therapeutic decisions.18 V.S.A. § 7115(a)(3), such as scheduling, billing, and general logistics, but excluding therapeutic communicationTherapeutic communication"Therapeutic communication" means a written, verbal, or nonverbal interaction intended to diagnose or treat any type of mental or behavioral health concern, provide ongoing recovery support, or provide clinical advice on diagnosis, treatment, or recovery support, such as: (A) engaging in direct interactions with clients or patients for the purpose of understanding or reflecting the client's or patient's mental health condition; (B) providing clinical guidance, strategies, or interventions; (C) offering clinical support, including reassurance or empathy in response to emotional or psychological distress; (D) collaborating with a patient or client to develop or modify treatment plans or therapeutic mental health goals; and (E) delivering feedback intended to promote growth or address mental health outcomes.18 V.S.A. § 7115(a)(4). (2) "Clinical responsibilityClinical responsibility"Clinical responsibility" means the duty of a mental health professional to review, approve, and remain legally accountable for any use of artificial intelligence in connection with the provision of mental health services.26 V.S.A. § 7101(a)(2)" means the duty of a mental health professionalMental health professional"Mental health professional" means an individual licensed, certified, or rostered, respectively, to provide mental health services as a physician pursuant to 26 V.S.A. chapter 23 or 33; an advanced practice registered nurse specializing in psychiatric mental health pursuant to 26 V.S.A. chapter 28; a psychologist pursuant to 26 V.S.A. chapter 55; a peer support provider or peer recovery support specialist pursuant to 26 V.S.A. chapter 60; a social worker pursuant to 26 V.S.A. chapter 61; an alcohol and drug abuse counselor pursuant to 26 V.S.A. chapter 62; a clinical mental health counselor pursuant to 26 V.S.A. chapter 65; a marriage and family therapist pursuant to 26 V.S.A. chapter 76; a psychoanalyst pursuant to 26 V.S.A. chapter 77; an applied behavior analyst pursuant to 26 V.S.A. chapter 95; a nonlicensed or noncertified psychotherapist or a noncertified psychoanalyst; or any other professional who provides mental health services.18 V.S.A. § 7115(a)(2) to review, approve, and remain legally accountable for any use of artificial intelligenceArtificial intelligence"Artificial intelligence" means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments.18 V.S.A. § 7115(a)(1) in connection with the provision of mental health servicesMental health services"Mental health services" means services provided to diagnose, treat, or address an individual's mental health or behavioral health through therapeutic communications and therapeutic decisions.18 V.S.A. § 7115(a)(3). (3) "ConsentConsent"Consent" means an explicit, affirmative act by an individual that communicates in writing voluntary, informed, and revocable agreement. "Consent" does not include acceptance of broad terms-of-use agreements, passive actions, or deceptive practices.26 V.S.A. § 7101(a)(3)" means an explicit, affirmative act by an individual that communicates in writing voluntary, informed, and revocable agreement. "ConsentConsent"Consent" means an explicit, affirmative act by an individual that communicates in writing voluntary, informed, and revocable agreement. "Consent" does not include acceptance of broad terms-of-use agreements, passive actions, or deceptive practices.26 V.S.A. § 7101(a)(3)" does not include acceptance of broad terms-of-use agreements, passive actions, or deceptive practices. (4) "Mental health professionalMental health professional"Mental health professional" means an individual licensed, certified, or rostered, respectively, to provide mental health services as a physician pursuant to 26 V.S.A. chapter 23 or 33; an advanced practice registered nurse specializing in psychiatric mental health pursuant to 26 V.S.A. chapter 28; a psychologist pursuant to 26 V.S.A. chapter 55; a peer support provider or peer recovery support specialist pursuant to 26 V.S.A. chapter 60; a social worker pursuant to 26 V.S.A. chapter 61; an alcohol and drug abuse counselor pursuant to 26 V.S.A. chapter 62; a clinical mental health counselor pursuant to 26 V.S.A. chapter 65; a marriage and family therapist pursuant to 26 V.S.A. chapter 76; a psychoanalyst pursuant to 26 V.S.A. chapter 77; an applied behavior analyst pursuant to 26 V.S.A. chapter 95; a nonlicensed or noncertified psychotherapist or a noncertified psychoanalyst; or any other professional who provides mental health services.18 V.S.A. § 7115(a)(2)" means an individual licensed, certified, or rostered, respectively, to provide mental health servicesMental health services"Mental health services" means services provided to diagnose, treat, or address an individual's mental health or behavioral health through therapeutic communications and therapeutic decisions.18 V.S.A. § 7115(a)(3) 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 supportPeer support"Peer support" means support services provided by an individual with lived experience of a mental health condition or substance use disorder who is not certified under chapter 60 of this title.26 V.S.A. § 7101(a)(6) 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 servicesMental health services"Mental health services" means services provided to diagnose, treat, or address an individual's mental health or behavioral health through therapeutic communications and therapeutic decisions.18 V.S.A. § 7115(a)(3) except as exempted in subsection (e) of this section. (5) "Mental health servicesMental health services"Mental health services" means services provided to diagnose, treat, or address an individual's mental health or behavioral health through therapeutic communications and therapeutic decisions.18 V.S.A. § 7115(a)(3)" means support, counseling, therapy, or psychotherapy services provided by a mental health professionalMental health professional"Mental health professional" means an individual licensed, certified, or rostered, respectively, to provide mental health services as a physician pursuant to 26 V.S.A. chapter 23 or 33; an advanced practice registered nurse specializing in psychiatric mental health pursuant to 26 V.S.A. chapter 28; a psychologist pursuant to 26 V.S.A. chapter 55; a peer support provider or peer recovery support specialist pursuant to 26 V.S.A. chapter 60; a social worker pursuant to 26 V.S.A. chapter 61; an alcohol and drug abuse counselor pursuant to 26 V.S.A. chapter 62; a clinical mental health counselor pursuant to 26 V.S.A. chapter 65; a marriage and family therapist pursuant to 26 V.S.A. chapter 76; a psychoanalyst pursuant to 26 V.S.A. chapter 77; an applied behavior analyst pursuant to 26 V.S.A. chapter 95; a nonlicensed or noncertified psychotherapist or a noncertified psychoanalyst; or any other professional who provides mental health services.18 V.S.A. § 7115(a)(2) to diagnose or treat an individual's mental or behavioral health or provide ongoing recovery support, excluding religious counselingReligious counseling"Religious counseling" means counseling provided by clergy, pastoral counselors, or other religious leaders acting within the scope of the individual's duties if explicitly faith-based and not represented as clinical services.26 V.S.A. § 7101(a)(7) or peer supportPeer support"Peer support" means support services provided by an individual with lived experience of a mental health condition or substance use disorder who is not certified under chapter 60 of this title.26 V.S.A. § 7101(a)(6). (6) "Peer supportPeer support"Peer support" means support services provided by an individual with lived experience of a mental health condition or substance use disorder who is not certified under chapter 60 of this title.26 V.S.A. § 7101(a)(6)" means support services provided by an individual with lived experience of a mental health condition or substance use disorder who is not certified under chapter 60 of this title. (7) "Religious counselingReligious counseling"Religious counseling" means counseling provided by clergy, pastoral counselors, or other religious leaders acting within the scope of the individual's duties if explicitly faith-based and not represented as clinical services.26 V.S.A. § 7101(a)(7)" means counseling provided by clergy, pastoral counselors, or other religious leaders acting within the scope of the individual's duties if explicitly faith-based and not represented as clinical services. (8) "Supplementary supportSupplementary support"Supplementary support" means a task performed to assist a mental health professional in the professional's delivery of mental health services, excluding therapeutic communication and administrative support.26 V.S.A. § 7101(a)(8)" means a task performed to assist a mental health professionalMental health professional"Mental health professional" means an individual licensed, certified, or rostered, respectively, to provide mental health services as a physician pursuant to 26 V.S.A. chapter 23 or 33; an advanced practice registered nurse specializing in psychiatric mental health pursuant to 26 V.S.A. chapter 28; a psychologist pursuant to 26 V.S.A. chapter 55; a peer support provider or peer recovery support specialist pursuant to 26 V.S.A. chapter 60; a social worker pursuant to 26 V.S.A. chapter 61; an alcohol and drug abuse counselor pursuant to 26 V.S.A. chapter 62; a clinical mental health counselor pursuant to 26 V.S.A. chapter 65; a marriage and family therapist pursuant to 26 V.S.A. chapter 76; a psychoanalyst pursuant to 26 V.S.A. chapter 77; an applied behavior analyst pursuant to 26 V.S.A. chapter 95; a nonlicensed or noncertified psychotherapist or a noncertified psychoanalyst; or any other professional who provides mental health services.18 V.S.A. § 7115(a)(2) in the professional's delivery of mental health servicesMental health services"Mental health services" means services provided to diagnose, treat, or address an individual's mental health or behavioral health through therapeutic communications and therapeutic decisions.18 V.S.A. § 7115(a)(3), excluding therapeutic communicationTherapeutic communication"Therapeutic communication" means a written, verbal, or nonverbal interaction intended to diagnose or treat any type of mental or behavioral health concern, provide ongoing recovery support, or provide clinical advice on diagnosis, treatment, or recovery support, such as: (A) engaging in direct interactions with clients or patients for the purpose of understanding or reflecting the client's or patient's mental health condition; (B) providing clinical guidance, strategies, or interventions; (C) offering clinical support, including reassurance or empathy in response to emotional or psychological distress; (D) collaborating with a patient or client to develop or modify treatment plans or therapeutic mental health goals; and (E) delivering feedback intended to promote growth or address mental health outcomes.18 V.S.A. § 7115(a)(4) and administrative supportAdministrative support"Administrative support" means a task performed to assist a mental health professional in the professional's delivery of mental health services, such as scheduling, billing, and general logistics, but excluding therapeutic communication.26 V.S.A. § 7101(a)(1). (9) "Therapeutic communicationTherapeutic communication"Therapeutic communication" means a written, verbal, or nonverbal interaction intended to diagnose or treat any type of mental or behavioral health concern, provide ongoing recovery support, or provide clinical advice on diagnosis, treatment, or recovery support, such as: (A) engaging in direct interactions with clients or patients for the purpose of understanding or reflecting the client's or patient's mental health condition; (B) providing clinical guidance, strategies, or interventions; (C) offering clinical support, including reassurance or empathy in response to emotional or psychological distress; (D) collaborating with a patient or client to develop or modify treatment plans or therapeutic mental health goals; and (E) delivering feedback intended to promote growth or address mental health outcomes.18 V.S.A. § 7115(a)(4)" means a written or spoken interaction intended to diagnose or treat any type of mental or behavioral health concern, provide ongoing recovery support, or provide any advice related to diagnosis, treatment, or recovery. (10) "Therapeutic decisionTherapeutic decision"Therapeutic decision" means the final clinical determination regarding diagnosis or the selection, modification, or termination of treatment or care.18 V.S.A. § 7115(a)(5)" means the final clinical determination regarding diagnosis or selection, modification, or termination of treatment or care. "Therapeutic decisionTherapeutic decision"Therapeutic decision" means the final clinical determination regarding diagnosis or the selection, modification, or termination of treatment or care.18 V.S.A. § 7115(a)(5)" does not include algorithmic risk scoring, data analytics, or other clinical decision support tools when used under the supervision and authority of a licensed mental health professionalMental health professional"Mental health professional" means an individual licensed, certified, or rostered, respectively, to provide mental health services as a physician pursuant to 26 V.S.A. chapter 23 or 33; an advanced practice registered nurse specializing in psychiatric mental health pursuant to 26 V.S.A. chapter 28; a psychologist pursuant to 26 V.S.A. chapter 55; a peer support provider or peer recovery support specialist pursuant to 26 V.S.A. chapter 60; a social worker pursuant to 26 V.S.A. chapter 61; an alcohol and drug abuse counselor pursuant to 26 V.S.A. chapter 62; a clinical mental health counselor pursuant to 26 V.S.A. chapter 65; a marriage and family therapist pursuant to 26 V.S.A. chapter 76; a psychoanalyst pursuant to 26 V.S.A. chapter 77; an applied behavior analyst pursuant to 26 V.S.A. chapter 95; a nonlicensed or noncertified psychotherapist or a noncertified psychoanalyst; or any other professional who provides mental health services.18 V.S.A. § 7115(a)(2).
(b) 4 Permitted uses. A mental health professionalMental health professional"Mental health professional" means an individual licensed, certified, or rostered, respectively, to provide mental health services as a physician pursuant to 26 V.S.A. chapter 23 or 33; an advanced practice registered nurse specializing in psychiatric mental health pursuant to 26 V.S.A. chapter 28; a psychologist pursuant to 26 V.S.A. chapter 55; a peer support provider or peer recovery support specialist pursuant to 26 V.S.A. chapter 60; a social worker pursuant to 26 V.S.A. chapter 61; an alcohol and drug abuse counselor pursuant to 26 V.S.A. chapter 62; a clinical mental health counselor pursuant to 26 V.S.A. chapter 65; a marriage and family therapist pursuant to 26 V.S.A. chapter 76; a psychoanalyst pursuant to 26 V.S.A. chapter 77; an applied behavior analyst pursuant to 26 V.S.A. chapter 95; a nonlicensed or noncertified psychotherapist or a noncertified psychoanalyst; or any other professional who provides mental health services.18 V.S.A. § 7115(a)(2) may use artificial intelligenceArtificial intelligence"Artificial intelligence" means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments.18 V.S.A. § 7115(a)(1) systems for administrative supportAdministrative support"Administrative support" means a task performed to assist a mental health professional in the professional's delivery of mental health services, such as scheduling, billing, and general logistics, but excluding therapeutic communication.26 V.S.A. § 7101(a)(1), supplementary supportSupplementary support"Supplementary support" means a task performed to assist a mental health professional in the professional's delivery of mental health services, excluding therapeutic communication and administrative support.26 V.S.A. § 7101(a)(8), and operational or quality-improvement functions, provided the professional retains sole responsibility for therapeutic decisionsTherapeutic decision"Therapeutic decision" means the final clinical determination regarding diagnosis or the selection, modification, or termination of treatment or care.18 V.S.A. § 7115(a)(5). Permitted uses include scheduling, billing, coding, and claims processing; transcription and documentation support; preparation and maintenance of clinical records; deidentified data analysis for quality improvement; and workforce and capacity planning where the mental health professionalMental health professional"Mental health professional" means an individual licensed, certified, or rostered, respectively, to provide mental health services as a physician pursuant to 26 V.S.A. chapter 23 or 33; an advanced practice registered nurse specializing in psychiatric mental health pursuant to 26 V.S.A. chapter 28; a psychologist pursuant to 26 V.S.A. chapter 55; a peer support provider or peer recovery support specialist pursuant to 26 V.S.A. chapter 60; a social worker pursuant to 26 V.S.A. chapter 61; an alcohol and drug abuse counselor pursuant to 26 V.S.A. chapter 62; a clinical mental health counselor pursuant to 26 V.S.A. chapter 65; a marriage and family therapist pursuant to 26 V.S.A. chapter 76; a psychoanalyst pursuant to 26 V.S.A. chapter 77; an applied behavior analyst pursuant to 26 V.S.A. chapter 95; a nonlicensed or noncertified psychotherapist or a noncertified psychoanalyst; or any other professional who provides mental health services.18 V.S.A. § 7115(a)(2) reviews, modifies where necessary, and approves the final product.
(c) 5 Confidentiality and consentConsent"Consent" means an explicit, affirmative act by an individual that communicates in writing voluntary, informed, and revocable agreement. "Consent" does not include acceptance of broad terms-of-use agreements, passive actions, or deceptive practices.26 V.S.A. § 7101(a)(3). (1) Any administrative supportAdministrative support"Administrative support" means a task performed to assist a mental health professional in the professional's delivery of mental health services, such as scheduling, billing, and general logistics, but excluding therapeutic communication.26 V.S.A. § 7101(a)(1) or supplementary supportSupplementary support"Supplementary support" means a task performed to assist a mental health professional in the professional's delivery of mental health services, excluding therapeutic communication and administrative support.26 V.S.A. § 7101(a)(8) tasks conducted using artificial intelligenceArtificial intelligence"Artificial intelligence" means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments.18 V.S.A. § 7115(a)(1), including transcription and recording, shall be subject to the disclosure prohibitions in 18 V.S.A. §§ 1881 and 7103. (2) ConsentConsent"Consent" means an explicit, affirmative act by an individual that communicates in writing voluntary, informed, and revocable agreement. "Consent" does not include acceptance of broad terms-of-use agreements, passive actions, or deceptive practices.26 V.S.A. § 7101(a)(3) by a patient or client is required when artificial intelligenceArtificial intelligence"Artificial intelligence" means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments.18 V.S.A. § 7115(a)(1) is used to record identifiable therapeutic communicationsTherapeutic communication"Therapeutic communication" means a written, verbal, or nonverbal interaction intended to diagnose or treat any type of mental or behavioral health concern, provide ongoing recovery support, or provide clinical advice on diagnosis, treatment, or recovery support, such as: (A) engaging in direct interactions with clients or patients for the purpose of understanding or reflecting the client's or patient's mental health condition; (B) providing clinical guidance, strategies, or interventions; (C) offering clinical support, including reassurance or empathy in response to emotional or psychological distress; (D) collaborating with a patient or client to develop or modify treatment plans or therapeutic mental health goals; and (E) delivering feedback intended to promote growth or address mental health outcomes.18 V.S.A. § 7115(a)(4).
(d) 3 Prohibited uses. (1) A mental health professionalMental health professional"Mental health professional" means an individual licensed, certified, or rostered, respectively, to provide mental health services as a physician pursuant to 26 V.S.A. chapter 23 or 33; an advanced practice registered nurse specializing in psychiatric mental health pursuant to 26 V.S.A. chapter 28; a psychologist pursuant to 26 V.S.A. chapter 55; a peer support provider or peer recovery support specialist pursuant to 26 V.S.A. chapter 60; a social worker pursuant to 26 V.S.A. chapter 61; an alcohol and drug abuse counselor pursuant to 26 V.S.A. chapter 62; a clinical mental health counselor pursuant to 26 V.S.A. chapter 65; a marriage and family therapist pursuant to 26 V.S.A. chapter 76; a psychoanalyst pursuant to 26 V.S.A. chapter 77; an applied behavior analyst pursuant to 26 V.S.A. chapter 95; a nonlicensed or noncertified psychotherapist or a noncertified psychoanalyst; or any other professional who provides mental health services.18 V.S.A. § 7115(a)(2) shall not use artificial intelligenceArtificial intelligence"Artificial intelligence" means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments.18 V.S.A. § 7115(a)(1) in a manner that allows the artificial intelligenceArtificial intelligence"Artificial intelligence" means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments.18 V.S.A. § 7115(a)(1) to independently make therapeutic decisionsTherapeutic decision"Therapeutic decision" means the final clinical determination regarding diagnosis or the selection, modification, or termination of treatment or care.18 V.S.A. § 7115(a)(5), independently diagnose, independently determine treatment, or independently generate treatment plans. (2) Nothing in this subsection shall prohibit a mental health professionalMental health professional"Mental health professional" means an individual licensed, certified, or rostered, respectively, to provide mental health services as a physician pursuant to 26 V.S.A. chapter 23 or 33; an advanced practice registered nurse specializing in psychiatric mental health pursuant to 26 V.S.A. chapter 28; a psychologist pursuant to 26 V.S.A. chapter 55; a peer support provider or peer recovery support specialist pursuant to 26 V.S.A. chapter 60; a social worker pursuant to 26 V.S.A. chapter 61; an alcohol and drug abuse counselor pursuant to 26 V.S.A. chapter 62; a clinical mental health counselor pursuant to 26 V.S.A. chapter 65; a marriage and family therapist pursuant to 26 V.S.A. chapter 76; a psychoanalyst pursuant to 26 V.S.A. chapter 77; an applied behavior analyst pursuant to 26 V.S.A. chapter 95; a nonlicensed or noncertified psychotherapist or a noncertified psychoanalyst; or any other professional who provides mental health services.18 V.S.A. § 7115(a)(2) from disclosing or describing the mental health professionalMental health professional"Mental health professional" means an individual licensed, certified, or rostered, respectively, to provide mental health services as a physician pursuant to 26 V.S.A. chapter 23 or 33; an advanced practice registered nurse specializing in psychiatric mental health pursuant to 26 V.S.A. chapter 28; a psychologist pursuant to 26 V.S.A. chapter 55; a peer support provider or peer recovery support specialist pursuant to 26 V.S.A. chapter 60; a social worker pursuant to 26 V.S.A. chapter 61; an alcohol and drug abuse counselor pursuant to 26 V.S.A. chapter 62; a clinical mental health counselor pursuant to 26 V.S.A. chapter 65; a marriage and family therapist pursuant to 26 V.S.A. chapter 76; a psychoanalyst pursuant to 26 V.S.A. chapter 77; an applied behavior analyst pursuant to 26 V.S.A. chapter 95; a nonlicensed or noncertified psychotherapist or a noncertified psychoanalyst; or any other professional who provides mental health services.18 V.S.A. § 7115(a)(2)'s use of artificial intelligenceArtificial intelligence"Artificial intelligence" means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments.18 V.S.A. § 7115(a)(1) for administrative supportAdministrative support"Administrative support" means a task performed to assist a mental health professional in the professional's delivery of mental health services, such as scheduling, billing, and general logistics, but excluding therapeutic communication.26 V.S.A. § 7101(a)(1) or supplementary supportSupplementary support"Supplementary support" means a task performed to assist a mental health professional in the professional's delivery of mental health services, excluding therapeutic communication and administrative support.26 V.S.A. § 7101(a)(8) purposes to a prospective, current, or former patient or client.
(e) Exceptions. Nothing in this section shall apply to: (1) religious counselingReligious counseling"Religious counseling" means counseling provided by clergy, pastoral counselors, or other religious leaders acting within the scope of the individual's duties if explicitly faith-based and not represented as clinical services.26 V.S.A. § 7101(a)(7); (2) peer supportPeer support"Peer support" means support services provided by an individual with lived experience of a mental health condition or substance use disorder who is not certified under chapter 60 of this title.26 V.S.A. § 7101(a)(6) provided by an individual who is not certified pursuant to chapter 60 of this title; and (3) generalized educational and self-help resources that do not purport to offer mental health servicesMental health services"Mental health services" means services provided to diagnose, treat, or address an individual's mental health or behavioral health through therapeutic communications and therapeutic decisions.18 V.S.A. § 7115(a)(3).
This section governs how an individual mental health professional may use AI in clinical practice. Professionals may use AI for administrative support, supplementary support, and operational or quality-improvement functions — scheduling, billing, coding, transcription, recordkeeping, deidentified quality analysis, and capacity planning — but only where the professional reviews, modifies as needed, and approves the final product and retains sole responsibility for therapeutic decisions.
The prohibited-use rule bars a professional from using AI in a manner that allows the AI to independently make therapeutic decisions, independently diagnose, independently determine treatment, or independently generate treatment plans. Separately, when AI is used to record identifiable therapeutic communications, the professional must obtain the patient's consent — defined as an explicit, written, voluntary, informed, and revocable act that cannot be satisfied by broad terms-of-use acceptance. Religious counseling, uncertified peer support, and generalized educational or self-help resources are excluded.
(a)(3) engaging in the prohibited use of artificial intelligenceArtificial intelligence"Artificial intelligence" means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments.18 V.S.A. § 7115(a)(1) pursuant to 18 V.S.A. § 7115;
This section amends the Board of Medical Practice unprofessional-conduct statute to add that engaging in the prohibited use of artificial intelligence under 18 V.S.A. § 7115 constitutes unprofessional conduct. It is a discipline hook tied to the substantive prohibition and imposes no independent compliance duty.
(b)(1) the Director of Professional Regulation or designee; (J) the Executive Director of the Vermont Board of Medical Practice or designee; (K) the Executive Director of Racial Equity or designee; and (L) the Attorney General or designee.
This section amends the membership of the Vermont Artificial Intelligence Advisory Council to add the Executive Director of the Vermont Board of Medical Practice and the Executive Director of Racial Equity (or designees). It is structural/administrative and imposes no compliance obligation on regulated parties.
On or before January 15, 2027, the Artificial IntelligenceArtificial intelligence"Artificial intelligence" means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments.18 V.S.A. § 7115(a)(1) Advisory Council established in 3 V.S.A. § 5023 shall submit a written report to the House Committees on Government Operations and Military Affairs and on Health Care and to the Senate Committees on Government Operations and on Health and Welfare regarding the regulation of the use of artificial intelligenceArtificial intelligence"Artificial intelligence" means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments.18 V.S.A. § 7115(a)(1) by mental health professionalsMental health professional"Mental health professional" means an individual licensed, certified, or rostered, respectively, to provide mental health services as a physician pursuant to 26 V.S.A. chapter 23 or 33; an advanced practice registered nurse specializing in psychiatric mental health pursuant to 26 V.S.A. chapter 28; a psychologist pursuant to 26 V.S.A. chapter 55; a peer support provider or peer recovery support specialist pursuant to 26 V.S.A. chapter 60; a social worker pursuant to 26 V.S.A. chapter 61; an alcohol and drug abuse counselor pursuant to 26 V.S.A. chapter 62; a clinical mental health counselor pursuant to 26 V.S.A. chapter 65; a marriage and family therapist pursuant to 26 V.S.A. chapter 76; a psychoanalyst pursuant to 26 V.S.A. chapter 77; an applied behavior analyst pursuant to 26 V.S.A. chapter 95; a nonlicensed or noncertified psychotherapist or a noncertified psychoanalyst; or any other professional who provides mental health services.18 V.S.A. § 7115(a)(2), including recommendations for legislative action.
This section directs the Artificial Intelligence Advisory Council to submit, on or before January 15, 2027, a written report to specified legislative committees regarding the regulation of AI use by mental health professionals, including recommendations for legislative action. It is a directive to a state body, not an obligation on regulated entities.
This act shall take effect on passage.
This act takes effect on passage. Timing provision only; no compliance obligation.