2023 -- H 6285 ======== LC002794 ======== S T A T E O F R H O D E I S L A N D IN GENERAL ASSEMBLY JANUARY SESSION, A.D. 2023 ____________ A N A C T RELATING TO BUSINESSES AND PROFESSIONS -- MENTAL HEALTH COUNSE LORS AND MARRIAGE AND FAM ILY THERAPISTS Introduced By: Representatives Carson, Cortvriend, Baginski, Donovan, and McNamara Date Introduced: April 19, 2023 Referred To: House Innovation, Internet, & Technology It is enacted by the General Assembly as follows: SECTION 1. Chapter 5-63.2 of the General Laws entitled "Mental Health Counselors and 1 Marriage and Family Therapists" is hereby amended by adding thereto the following section: 2 5-63.2-27. The use of artificial intelligence (AI) in providing mental health services. 3 (a) For purposes of this act the following definitions apply: 4 (1) “Artificial intelligence” or “AI” means any technology that can simulate human 5 intelligence, including, but not limited to, natural language processing, training language models, 6 reinforcement learning from human feedback and machine learning systems. 7 (2) “Licensed mental health professional” means any individual who is licensed by the 8 State of Rhode Island to provide mental health services, including, but not limited to, 9 psychiatrists, psychologists, licensed mental health counselors, licensed independent clinical 10 social workers and other professional counselors. 11 (3) “Mental health services” means any service provided by a licensed mental health 12 professional for the purpose of diagnosing, treating, or preventing mental illness or emotional or 13 behavioral disorders. 14 (b) Any licensed mental health professional who wishes to provide mental health 15 services through the use of AI shall first seek approval from the relevant professional licensing 16 board. 17 (c) Any AI system used to provide mental health services shall be designed to prioritize 18 LC002794 - Page 2 of 3 the safety and well-being of individuals seeking treatment and shall be continuously monitored by 1 a licensed mental health professional to ensure its safety and effectiveness. 2 (d) Any licensed mental health professional providing mental health services through the 3 use of AI shall inform patients of the use of AI in their treatment and provide them with the 4 option to receive treatment from a licensed mental health professional. 5 (e) Any licensed mental health professional providing mental health services through the 6 use of AI shall disclose the use of AI to patients in advance and obtain their informed consent. 7 (f) Any licensed mental health professional who violates the provisions of this section 8 shall be subject to disciplinary action by the relevant professional licensing board. 9 SECTION 2. This act shall take effect upon passage. 10 ======== LC002794 ======== LC002794 - Page 3 of 3 EXPLANATION BY THE LEGISLATIVE COUNCIL OF A N A C T RELATING TO BUSINESSES AND PROFESSIONS -- MENTAL HEALTH COUNSE LORS AND MARRIAGE AND FAM ILY THERAPISTS *** This act would define artificial intelligence and regulate its use in providing mental health 1 services. 2 This act would take effect upon passage. 3 ======== LC002794 ========