The proposed bill aims to regulate the use of artificial intelligence (AI) in therapy and psychotherapy services in South Dakota. It establishes definitions for key terms such as "artificial intelligence," "licensed professional," "therapeutic communication," and "therapy or psychotherapy services." The bill prohibits the use of AI for independent therapeutic decisions, interactions in therapeutic communication, generating treatment plans without professional oversight, detecting emotions, and recording therapeutic sessions, with specific exceptions outlined. Licensed professionals are allowed to use AI for administrative tasks, such as managing appointments and processing billing, but must maintain full responsibility for all AI-related interactions and outputs.

Additionally, the bill mandates that licensed professionals can only use AI to record or transcribe sessions if they obtain explicit written consent from clients, detailing the purpose of AI use. The consent must be clear and cannot be obtained through deceptive means or broad agreements. The bill also specifies that it does not apply to certain services, including those provided by clergy, peer support services, self-help materials, and school counseling. Violations of the bill may result in civil penalties, and licensed professionals who breach these regulations may face disciplinary action from their respective licensure boards.