The proposed bill introduces the "Wellness and Oversight for Psychological Resources Act," which aims to safeguard individuals seeking therapy or psychotherapy services by ensuring that these services are delivered by qualified, licensed, or certified professionals. The legislation is designed to protect consumers from unlicensed or unqualified providers, including unregulated artificial intelligence systems, while respecting individual choice and access to community-based and faith-based mental health support.
Key provisions of the bill include:
- Definitions of terms related to therapy services, including "administrative support," "artificial intelligence," "consent," "licensed professional," "peer support," "religious counseling," "supplementary support," "therapeutic communication," and "therapy or psychotherapy services."
- The permitted use of artificial intelligence by licensed professionals to assist in providing administrative or supplementary support, with the requirement that the licensed professional maintains full responsibility for all interactions and data use. Clients must be informed in writing about the use of artificial intelligence and provide explicit consent.
- A prohibition on unauthorized therapy services, stating that no individual, corporation, or entity may provide, advertise, or offer therapy or psychotherapy services unless conducted by a licensed professional. Licensed professionals are restricted from allowing artificial intelligence systems to make independent therapeutic decisions, directly interact with clients in therapeutic communication, generate therapeutic recommendations without review, or detect emotions or mental states.
- Confidentiality requirements for all records kept by licensed professionals and communications between clients and licensed professionals, with disclosures only permitted as required under the confidentiality of health care communications and information act.
- Enforcement and penalties, granting the Department of Health the authority to investigate violations of the chapter, with penalties assessed based on the degree of harm and circumstances of the violation.
The act is set to take effect upon passage.