The proposed bill, H.B. No. 2025-2026, seeks to enact section 4743.21 of the Revised Code, which establishes guidelines for the use of artificial intelligence (AI) in therapy services. The bill defines key terms related to AI, including "administrative support," "artificial intelligence," "generative artificial intelligence," and "licensed therapy professional." It allows licensed therapy professionals to utilize AI for supplementary support in therapy while engaging in therapeutic communication, provided they obtain written informed consent from the patient and enter into necessary business associate agreements to comply with HIPAA regulations.
However, the bill explicitly prohibits licensed therapy professionals from using AI to make independent therapeutic decisions, directly interact with clients in therapeutic communication, generate treatment plans without professional review, or detect emotions or mental states. Additionally, it mandates that all records and communications between clients and therapy professionals remain confidential, with violations subject to fines of up to $10,000 per infraction. This legislation aims to ensure that the integration of AI into therapy services is conducted ethically and responsibly, safeguarding client welfare and privacy.