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 or provider," "peer support," "therapeutic communication," and "therapy or psychotherapy services."

It outlines the permissible uses of AI by licensed professionals, emphasizing that AI should not be used to make independent therapeutic decisions or directly interact with clients in therapeutic communication without prior consent. Licensed professionals must inform clients in writing about the use of AI in their therapy sessions, including the specific purpose of the AI tool or system, and obtain explicit consent from the client or their legally authorized representative.

The bill mandates that all records and communications between clients and licensed professionals must remain confidential, with penalties for violations of these confidentiality provisions. It clarifies that the chapter does not apply to religious counseling, peer support, self-help materials that do not purport to offer therapy services, any AI tool or system reviewed and cleared for use by the federal Food and Drug Administration, or research approved by a healthcare facility's institutional review board.

The executive office of health and human services is granted the authority to promulgate rules and regulations to carry out the intent of this chapter. The act will take effect upon passage.