On November 13, 2024, House Bill 1265 for an Act relating to artificial intelligence mental health services was filed in the House of Representatives.

Key definitions

The bill defines, among other things, 'artificial intelligence mental health services' as 'counseling, therapy, or other mental health services provided through the use of artificial intelligence.'

Requirements for the provision of AI mental health services

According to the bill, a person may not provide artificial intelligence (AI) mental health services to an individual unless:

• the AI application through which the services are provided is commission-approved; and

• it is provided by a licensed mental health professional or such professional is available at all times.

Moreover, under the bill, the licensed mental health professional must:

• be available to review the progress of the individual;
• be available to communicate directly as needed with the individual; and
• intervene if the individual is threatening harm to self or others, or reporting abuse or neglect of a child.

Lastly, individuals must be advised that the services are provided through AI and must provide their informed consent before receiving the services.

Testing and approval

The bill highlights that AI mental health services for purposes of testing an AI application may be provided only to an individual who has signed an informed consent document including information outlined in the bill.

Under the bill, the Health and Human Services Commission will evaluate the application's testing results and issue an order approving or disapproving the application's use.

Applicable standards

The bill clarifies that AI mental health services must be guided by the ethical principles and standards applicable to providing mental health services without using AI. Moreover, the bill prohibits discrimination against an individual based on race, ethnicity, gender, sexual orientation, or any other characteristic.

Enforcement

The bill highlights that a person providing AI mental health services who violates an applicable provision of a professional licensing statute is subject to disciplinary action as provided by that statute.

Entry into force

The bill, if enacted, will enter into force on September 1, 2025.

You can read the bill here and track its progress here.