AI Frontier Institute

Mental health professionals: artificial intelligence.

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California Senate Bill 903, the Wellness and Oversight for Psychological Resources Act (Chapter 13.6, commencing with Section 4989.80 of the Business and Professions Code), regulates the use of artificial intelligence (AI) in connection with psychotherapy services. Under Section 4989.83, individuals, corporations, or entities providing or facilitating psychotherapy services may use AI tools only to assist with administrative support (e.g., scheduling, billing, logistics) or supplementary support (e.g., recordkeeping, data tracking, workflow management), and only consistent with the chapter and applicable law. AI may not be used to record or transcribe psychotherapeutic communications, sessions, or triage/screening unless the patient or their authorized representative is informed of the AI's use and specific purpose and provides affirmative, revocable consent (Section 4989.83(b)). Section 4989.84 prohibits advertising psychotherapy services delivered through companion chatbots, and bars AI—without licensed professional review and approval—from making therapeutic decisions, directly interacting with patients in psychotherapeutic communication (unless FDA-approved and HIPAA-compliant), generating diagnoses or treatment plans, detecting emotions or mental states, or performing triage or screening. Licensed professionals bear clinical responsibility for AI used in their practice, but are shielded from discipline for violations caused solely by AI features outside their control that were required by their employer (Section 4989.84(c)). Employers or contracting entities that require AI use are responsible for ensuring compliant deployment (Section 4989.84(d)). Section 4989.85 requires AI use in psychotherapy records to comply with the Confidentiality of Medical Information Act and prohibits companies from sharing, selling, storing, or training models on psychotherapy data inconsistently with applicable law. Violations are subject to jurisdiction of the appropriate health care professional licensing board or enforcement agency, which may seek injunctions and other remedies (Section 4989.86). The chapter exempts religious counseling, peer support, public self-help materials, AI used solely for training or simulation, and qualifying academic or nonprofit research (Section 4989.87).

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