This bill amends the Code of West Virginia to regulate the use of artificial intelligence (AI) in mental health care delivery. It introduces six new sections and establishes a West Virginia Task Force on Artificial Intelligence, which will recommend definitions, best practices, and legislation regarding AI in the public sector. The legislation specifies that AI can only assist licensed professionals in providing administrative or supplementary support, ensuring that professionals maintain full responsibility for all interactions. It also mandates clear notifications to users when interacting with AI companions and requires informed consent from patients for AI use in therapy. Furthermore, the bill prohibits AI from diagnosing or modifying treatment plans in certain contexts, such as peer support and religious counseling.

Additionally, the bill outlines specific conditions under which AI can be utilized, emphasizing that it cannot make independent therapeutic decisions or directly interact with clients. AI may flag communications indicating self-harm or safety concerns, but these must be reviewed by a licensed professional. Operators using AI are required to disclose operational details to the Offices of the Insurance Commission and provide public reports on AI's role in decision-making. Violations of these regulations could incur civil penalties up to $10,000 per incident. The provisions of this bill will take effect on January 1, 2027.

Statutes affected:
Introduced Version: 5-16-15a, 33-15-4y, 33-16-3ii, 33-24-7z, 33-25-8w, 33-25A-8z, 5A-6-9, 33-57-2