The bill H.816 aims to regulate the use of artificial intelligence (AI) in mental health services in Vermont, ensuring that therapeutic judgment and clinical decision-making remain the responsibility of qualified mental health professionals. It prohibits the offering or advertising of mental health services that represent AI as providing therapeutic judgment, diagnosis, treatment, or therapeutic communication. The bill emphasizes the importance of individual choice in selecting mental health services and allows for the responsible use of AI for administrative and operational functions that support access and efficiency in mental health care.

Key provisions include the definition of AI and generative AI, the establishment of unprofessional conduct related to the misuse of AI by mental health professionals, and the delineation of permitted and prohibited uses of AI in therapeutic settings. Mental health professionals may use AI for administrative support and quality improvement, provided they retain clinical responsibility. However, they are explicitly prohibited from using AI to make therapeutic decisions or interact directly with clients. The bill also outlines confidentiality requirements and the necessity for patient consent when AI is used in therapeutic communications. The act is set to take effect upon passage.

Statutes affected:
As Introduced: 3-129a