The proposed bill introduces a new chapter, titled "Oversight of Artificial Intelligence Technology in Mental Health Care Act," to Title 40.1 of the General Laws. This chapter establishes definitions related to artificial intelligence (AI) in mental health care, including terms such as "administrative support," "licensed professional," "peer support," "therapeutic communication," and "supplementary support."

It outlines the permissible uses of AI by licensed professionals, emphasizing that AI cannot be used to make independent therapeutic decisions, directly interact with clients in therapeutic communication, generate therapeutic recommendations or treatment plans, or detect emotions or mental states. Additionally, the bill mandates that clients must be informed in writing about the use of AI in their therapy sessions, including the specific purpose of the AI tool or system, and must provide explicit consent for its use.

The bill also addresses confidentiality, stating that all records kept by licensed professionals and all communications between individuals seeking therapy or psychotherapy services and licensed professionals are confidential and cannot be disclosed except as provided in existing law. It establishes penalties for violations of confidentiality and grants the director of the department of health the authority to investigate any actual, alleged, or suspected violations of this chapter. Notably, the chapter does not apply to religious counseling, peer support, or self-help materials that do not purport to offer therapy or psychotherapy services. The director is also authorized to promulgate rules and regulations to implement the provisions of this chapter. The act is set to take effect upon passage.