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.
(1)–(3) The General Assembly finds that: (1) Individuals are increasingly using chatbots to receive unlicensed therapy from large language models (LLMs), and researchers from the Stanford Institute for Human-Centered Artificial IntelligenceArtificial intelligence"Artificial intelligence" means any machine-based system, software, or algorithm that, depending on human objectives, is capable of perceiving an environment through data acquisition and then processing and interpreting the derived information to take an action or to imitate intelligent behavior, such as natural language processing, pattern recognition, predictive analytics, offering recommendations, or decision making.18 V.S.A. § 7115(a)(1), Carnegie Mellon University, the University of Minnesota Twin Cities, and the University of Texas evaluated artificial intelligenceArtificial intelligence"Artificial intelligence" means any machine-based system, software, or algorithm that, depending on human objectives, is capable of perceiving an environment through data acquisition and then processing and interpreting the derived information to take an action or to imitate intelligent behavior, such as natural language processing, pattern recognition, predictive analytics, offering recommendations, or decision making.18 V.S.A. § 7115(a)(1) systems against clinical standards for therapists, finding that commercially available therapy chatbots responded inappropriately to various mental health conditions, encouraged delusions, and failed to recognize crises, contrary to clinical best practice. (2) Researchers at the Center for Countering Digital Hate found patterns of ChatGPT advice pertaining to mental health, eating disorders, and substance use disorders on topics such as "how to 'safely' cut yourself," "pills for overdose," "restrictive diet plans," "appetite-suppressing medications," "personalized plans for getting drunk," and "how to hide intoxication at school"; the chatbot also generated a suicide plan and goodbye notes to family. (3) Deaths by suicide have been reported after the deceased's use of an artificial intelligenceArtificial intelligence"Artificial intelligence" means any machine-based system, software, or algorithm that, depending on human objectives, is capable of perceiving an environment through data acquisition and then processing and interpreting the derived information to take an action or to imitate intelligent behavior, such as natural language processing, pattern recognition, predictive analytics, offering recommendations, or decision making.18 V.S.A. § 7115(a)(1) tool, including an individual 14 years of age who died by suicide after suicidal conversations with a chatbot and an individual 13 years of age who was encouraged to take his own life by a chatbot.
Section 1 contains legislative findings documenting harms associated with AI-delivered therapy, including research showing chatbots responding inappropriately to mental health conditions, encouraging delusions, failing to recognize crises, and generating harmful content including suicide plans. The findings also cite specific deaths by suicide linked to chatbot interactions. This section creates no compliance obligations.
It is the purpose of this act to safeguard individuals seeking mental health servicesMental health services"Mental health services" means peer support, counseling, therapy, or psychotherapy services used to diagnose or treat an individual's mental or behavioral health or provide ongoing recovery support, including providing therapeutic decisions, issuing direct therapeutic communications, generating treatment plans or recommendations, or detecting or interpreting emotions or mental states.18 V.S.A. § 7115(a)(2) 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 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.26 V.S.A. § 7101(a)(3) and not artificial intelligenceArtificial intelligence"Artificial intelligence" means any machine-based system, software, or algorithm that, depending on human objectives, is capable of perceiving an environment through data acquisition and then processing and interpreting the derived information to take an action or to imitate intelligent behavior, such as natural language processing, pattern recognition, predictive analytics, offering recommendations, or decision making.18 V.S.A. § 7115(a)(1) systems.
Section 2 states the bill's purpose: to safeguard individuals seeking mental health services in Vermont from psychological harm, including death by suicide, by ensuring that these services are delivered by mental health professionals and not artificial intelligence systems. This section creates no compliance obligations.
(a)(30) 1 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 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.26 V.S.A. § 7101(a)(3), misuse of artificial intelligenceArtificial intelligence"Artificial intelligence" means any machine-based system, software, or algorithm that, depending on human objectives, is capable of perceiving an environment through data acquisition and then processing and interpreting the derived information to take an action or to imitate intelligent behavior, such as natural language processing, pattern recognition, predictive analytics, offering recommendations, or decision making.18 V.S.A. § 7115(a)(1) pursuant to 26 V.S.A. § 7101.
Section 3 amends Vermont's existing unprofessional conduct statute to add a new ground for disciplinary action: misuse of artificial intelligence by any mental health professional, as defined in 26 V.S.A. § 7101. This makes violations of the professional-use restrictions in § 7101 independently enforceable through professional licensing discipline, in addition to the consumer protection remedies available under 18 V.S.A. § 7115.
(a)(1)–(3) As used in this section: (1) "Artificial intelligenceArtificial intelligence"Artificial intelligence" means any machine-based system, software, or algorithm that, depending on human objectives, is capable of perceiving an environment through data acquisition and then processing and interpreting the derived information to take an action or to imitate intelligent behavior, such as natural language processing, pattern recognition, predictive analytics, offering recommendations, or decision making.18 V.S.A. § 7115(a)(1)" means any machine-based system, software, or algorithm that, depending on human objectives, is capable of perceiving an environment through data acquisition and then processing and interpreting the derived information to take an action or to imitate intelligent behavior, such as natural language processing, pattern recognition, predictive analytics, offering recommendations, or decision making. (2) "Mental health servicesMental health services"Mental health services" means peer support, counseling, therapy, or psychotherapy services used to diagnose or treat an individual's mental or behavioral health or provide ongoing recovery support, including providing therapeutic decisions, issuing direct therapeutic communications, generating treatment plans or recommendations, or detecting or interpreting emotions or mental states.18 V.S.A. § 7115(a)(2)" means peer support, counseling, therapy, or psychotherapy services used to diagnose or treat an individual's mental or behavioral health or provide ongoing recovery support, including providing therapeutic decisions, issuing direct therapeutic communicationsTherapeutic communication"Therapeutic communication" has the same meaning as in 26 V.S.A. § 7101.18 V.S.A. § 7115(a)(3), generating treatment plans or recommendations, or detecting or interpreting emotions or mental states. (3) "Therapeutic communicationTherapeutic communication"Therapeutic communication" has the same meaning as in 26 V.S.A. § 7101.18 V.S.A. § 7115(a)(3)" has the same meaning as in 26 V.S.A. § 7101.
(b) 2 A person, corporation, or entity shall not offer, provide, or advertise mental health servicesMental health services"Mental health services" means peer support, counseling, therapy, or psychotherapy services used to diagnose or treat an individual's mental or behavioral health or provide ongoing recovery support, including providing therapeutic decisions, issuing direct therapeutic communications, generating treatment plans or recommendations, or detecting or interpreting emotions or mental states.18 V.S.A. § 7115(a)(2) in the State that use artificial intelligenceArtificial intelligence"Artificial intelligence" means any machine-based system, software, or algorithm that, depending on human objectives, is capable of perceiving an environment through data acquisition and then processing and interpreting the derived information to take an action or to imitate intelligent behavior, such as natural language processing, pattern recognition, predictive analytics, offering recommendations, or decision making.18 V.S.A. § 7115(a)(1) in whole or in part, except as authorized pursuant to 26 V.S.A. § 7101.
(c)(1)–(2) 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.
Section 4 creates a broad prohibition on any person, corporation, or entity offering, providing, or advertising mental health services in Vermont that use artificial intelligence in whole or in part. The only exception is for licensed mental health professionals acting under the limited permissions in 26 V.S.A. § 7101 (administrative support and transcription with consent). Violations are deemed Consumer Protection Act violations carrying a $10,000 civil penalty per violation, enforceable by both the Attorney General and private parties.
This is the bill's most consequential provision from a product-company perspective: it categorically prohibits AI therapy products, AI counseling chatbots, and any AI-powered mental health service not delivered under a licensed professional's supervision and within the narrow carve-outs of § 7101.
As used in this chapter, "artificial intelligenceArtificial intelligence"Artificial intelligence" means any machine-based system, software, or algorithm that, depending on human objectives, is capable of perceiving an environment through data acquisition and then processing and interpreting the derived information to take an action or to imitate intelligent behavior, such as natural language processing, pattern recognition, predictive analytics, offering recommendations, or decision making.18 V.S.A. § 7115(a)(1)" means any machine-based system, software, or algorithm that, depending on human objectives, is capable of perceiving an environment through data acquisition and then processing and interpreting the derived information to take an action or to imitate intelligent behavior, such as natural language processing, pattern recognition, predictive analytics, offering recommendations, or decision making.
Section 5, Subchapter 1 provides the chapter-wide definition of artificial intelligence for the new chapter on AI in regulated professions. This section is definitional and creates no independent compliance obligation.
(a)(1)–(5) Definitions. As used in this section: (1) "Administrative supportAdministrative support"Administrative support" means a task, other than therapeutic communication, that is performed to assist a mental health professional in the professional's delivery of mental health services, such as: (A) managing appointment scheduling and reminders; (B) processing billing and insurance claims; (C) drafting general communications related to practice logistics; (D) preparing and maintaining clinical records, including notes from patient or client sessions; (E) analyzing deidentified data to track patient or client progress or identify trends; and (F) identifying and organizing external resources or referrals for patient or client use.26 V.S.A. § 7101(a)(1)" means a task, other than therapeutic communicationTherapeutic communication"Therapeutic communication" has the same meaning as in 26 V.S.A. § 7101.18 V.S.A. § 7115(a)(3), that is 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 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.26 V.S.A. § 7101(a)(3) in the professional's delivery of mental health servicesMental health services"Mental health services" means peer support, counseling, therapy, or psychotherapy services used to diagnose or treat an individual's mental or behavioral health or provide ongoing recovery support, including providing therapeutic decisions, issuing direct therapeutic communications, generating treatment plans or recommendations, or detecting or interpreting emotions or mental states.18 V.S.A. § 7115(a)(2), such as: (A) managing appointment scheduling and reminders; (B) processing billing and insurance claims; (C) drafting general communications related to practice logistics; (D) preparing and maintaining clinical records, including notes from patient or client sessions; (E) analyzing deidentified data to track patient or client progress or identify trends; and (F) identifying and organizing external resources or referrals for patient or client use. (2) "ConsentConsent"Consent" means an explicit, affirmative act by an individual that unambiguously communicates in writing voluntary, informed, and revocable agreement.26 V.S.A. § 7101(a)(2)" means an explicit, affirmative act by an individual that unambiguously communicates in writing voluntary, informed, and revocable agreement. (3) "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 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.26 V.S.A. § 7101(a)(3)" means an individual licensed, certified, or rostered, respectively, to provide mental health servicesMental health services"Mental health services" means peer support, counseling, therapy, or psychotherapy services used to diagnose or treat an individual's mental or behavioral health or provide ongoing recovery support, including providing therapeutic decisions, issuing direct therapeutic communications, generating treatment plans or recommendations, or detecting or interpreting emotions or mental states.18 V.S.A. § 7115(a)(2) 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 servicesMental health services"Mental health services" means peer support, counseling, therapy, or psychotherapy services used to diagnose or treat an individual's mental or behavioral health or provide ongoing recovery support, including providing therapeutic decisions, issuing direct therapeutic communications, generating treatment plans or recommendations, or detecting or interpreting emotions or mental states.18 V.S.A. § 7115(a)(2). (4) "Mental health servicesMental health services"Mental health services" means peer support, counseling, therapy, or psychotherapy services used to diagnose or treat an individual's mental or behavioral health or provide ongoing recovery support, including providing therapeutic decisions, issuing direct therapeutic communications, generating treatment plans or recommendations, or detecting or interpreting emotions or mental states.18 V.S.A. § 7115(a)(2)" means peer 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 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.26 V.S.A. § 7101(a)(3) to diagnose or treat an individual's mental or behavioral health or provide ongoing recovery support. (5) "Therapeutic communicationTherapeutic communication"Therapeutic communication" has the same meaning as in 26 V.S.A. § 7101.18 V.S.A. § 7115(a)(3)" means a written, verbal, or nonverbal interaction conducted in a professional therapeutic setting 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, such as: (A) engaging in direct interactions with clients or patients for the purpose of understanding or reflecting their thoughts, emotions, or experiences; (B) providing guidance, therapeutic strategies, or interventions designed to achieve mental health outcomes; (C) offering emotional support, 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 goals; and (E) delivering feedback intended to promote growth or address mental health conditions.
(b)(1) 3 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 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.26 V.S.A. § 7101(a)(3) may use artificial intelligenceArtificial intelligence"Artificial intelligence" means any machine-based system, software, or algorithm that, depending on human objectives, is capable of perceiving an environment through data acquisition and then processing and interpreting the derived information to take an action or to imitate intelligent behavior, such as natural language processing, pattern recognition, predictive analytics, offering recommendations, or decision making.18 V.S.A. § 7115(a)(1) for administrative supportAdministrative support"Administrative support" means a task, other than therapeutic communication, that is performed to assist a mental health professional in the professional's delivery of mental health services, such as: (A) managing appointment scheduling and reminders; (B) processing billing and insurance claims; (C) drafting general communications related to practice logistics; (D) preparing and maintaining clinical records, including notes from patient or client sessions; (E) analyzing deidentified data to track patient or client progress or identify trends; and (F) identifying and organizing external resources or referrals for patient or client use.26 V.S.A. § 7101(a)(1) 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 intelligenceArtificial intelligence"Artificial intelligence" means any machine-based system, software, or algorithm that, depending on human objectives, is capable of perceiving an environment through data acquisition and then processing and interpreting the derived information to take an action or to imitate intelligent behavior, such as natural language processing, pattern recognition, predictive analytics, offering recommendations, or decision making.18 V.S.A. § 7115(a)(1) system employed.
(b)(2) 4 If 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 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.26 V.S.A. § 7101(a)(3) uses artificial intelligenceArtificial intelligence"Artificial intelligence" means any machine-based system, software, or algorithm that, depending on human objectives, is capable of perceiving an environment through data acquisition and then processing and interpreting the derived information to take an action or to imitate intelligent behavior, such as natural language processing, pattern recognition, predictive analytics, offering recommendations, or decision making.18 V.S.A. § 7115(a)(1) for transcription and recording purposes, 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 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.26 V.S.A. § 7101(a)(3) 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 intelligenceArtificial intelligence"Artificial intelligence" means any machine-based system, software, or algorithm that, depending on human objectives, is capable of perceiving an environment through data acquisition and then processing and interpreting the derived information to take an action or to imitate intelligent behavior, such as natural language processing, pattern recognition, predictive analytics, offering recommendations, or decision making.18 V.S.A. § 7115(a)(1) is being used and that any transcription or recording performed by artificial intelligenceArtificial intelligence"Artificial intelligence" means any machine-based system, software, or algorithm that, depending on human objectives, is capable of perceiving an environment through data acquisition and then processing and interpreting the derived information to take an action or to imitate intelligent behavior, such as natural language processing, pattern recognition, predictive analytics, offering recommendations, or decision making.18 V.S.A. § 7115(a)(1) shall be subject to the disclosure prohibitions in subsection (c) of this section; and (B) obtain consentConsent"Consent" means an explicit, affirmative act by an individual that unambiguously communicates in writing voluntary, informed, and revocable agreement.26 V.S.A. § 7101(a)(2) from the patient or client, or the patient's or client's legal guardian.
(c) 5 Confidentiality. Any administrative supportAdministrative support"Administrative support" means a task, other than therapeutic communication, that is performed to assist a mental health professional in the professional's delivery of mental health services, such as: (A) managing appointment scheduling and reminders; (B) processing billing and insurance claims; (C) drafting general communications related to practice logistics; (D) preparing and maintaining clinical records, including notes from patient or client sessions; (E) analyzing deidentified data to track patient or client progress or identify trends; and (F) identifying and organizing external resources or referrals for patient or client use.26 V.S.A. § 7101(a)(1) tasks conducted using artificial intelligenceArtificial intelligence"Artificial intelligence" means any machine-based system, software, or algorithm that, depending on human objectives, is capable of perceiving an environment through data acquisition and then processing and interpreting the derived information to take an action or to imitate intelligent behavior, such as natural language processing, pattern recognition, predictive analytics, offering recommendations, or decision making.18 V.S.A. § 7115(a)(1) shall be subject to the disclosure prohibitions in 18 V.S.A. §§ 1881 and 7103, including transcription and recording.
(d)(1)–(2) 6 Prohibited 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 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.26 V.S.A. § 7101(a)(3) shall neither: (1) use artificial intelligenceArtificial intelligence"Artificial intelligence" means any machine-based system, software, or algorithm that, depending on human objectives, is capable of perceiving an environment through data acquisition and then processing and interpreting the derived information to take an action or to imitate intelligent behavior, such as natural language processing, pattern recognition, predictive analytics, offering recommendations, or decision making.18 V.S.A. § 7115(a)(1) in the State to make therapeutic decisions, issue direct therapeutic communicationsTherapeutic communication"Therapeutic communication" has the same meaning as in 26 V.S.A. § 7101.18 V.S.A. § 7115(a)(3), generate treatment plans or recommendations, or detect or interpret emotions or mental states; nor (2) offer, provide, or advertise mental health servicesMental health services"Mental health services" means peer support, counseling, therapy, or psychotherapy services used to diagnose or treat an individual's mental or behavioral health or provide ongoing recovery support, including providing therapeutic decisions, issuing direct therapeutic communications, generating treatment plans or recommendations, or detecting or interpreting emotions or mental states.18 V.S.A. § 7115(a)(2) in the State that use artificial intelligenceArtificial intelligence"Artificial intelligence" means any machine-based system, software, or algorithm that, depending on human objectives, is capable of perceiving an environment through data acquisition and then processing and interpreting the derived information to take an action or to imitate intelligent behavior, such as natural language processing, pattern recognition, predictive analytics, offering recommendations, or decision making.18 V.S.A. § 7115(a)(1) in whole or in part, except as provided in subsection (b) of this section.
Section 5, Subchapter 2 is the core professional-regulation provision. It defines the narrow circumstances under which mental health professionals may use AI — administrative support with professional oversight, and transcription/recording with written informed consent — and categorically prohibits all other uses. The prohibited uses include making therapeutic decisions, issuing direct therapeutic communications, generating treatment plans or recommendations, and detecting or interpreting emotions or mental states.
The section also imposes a confidentiality obligation: all AI-assisted administrative support tasks, including transcription and recording, remain subject to Vermont's mental health confidentiality statutes (18 V.S.A. §§ 1881 and 7103).
This act shall take effect on passage.
Section 6 provides that the act takes effect on passage. This creates no independent compliance obligation.