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," "artificial intelligence," "licensed professional," "peer support," "religious counseling," "supplementary support," "therapeutic communication," and "therapy or psychotherapy services."

The bill outlines the permissible uses of AI by licensed professionals, specifying that AI may only be used for administrative support or supplementary support in therapy or psychotherapy services, where the licensed professional maintains full responsibility for all interactions and data use. It prohibits the use of AI 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 must remain confidential, with disclosures only permitted as provided in existing law.

Penalties for violations of confidentiality provisions are specified, and the director of the department of health is granted the authority to investigate any actual, alleged, or suspected violations of the chapter. The chapter does not apply to religious counseling, peer support, or self-help materials that do not purport to offer therapy or psychotherapy services.

This act is set to take effect upon passage.