AI Frontier Institute

Regards use of artificial intelligence in therapy services

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Ohio H.B. No. 525 (136th General Assembly) has been introduced and referred to the House Health committee. It has not been enacted. If enacted, it would create section 4743.21 of the Revised Code to regulate how licensed therapy professionals use artificial intelligence in therapy and psychotherapy services. Licensed therapy professionals would include psychologists, school psychologists, counselors, social workers, marriage and family therapists, art and music therapists, chemical dependency counselors, certified mental health assistants, certified Ohio behavior analysts, and other professionals authorized to provide therapy. Under division (B)(1), a professional could use AI only to assist with "supplementary support" while engaging in therapeutic communication with a client. Supplementary support covers non-communicative tasks such as maintaining client records and therapy notes, analyzing anonymized data to track progress, and organizing external resources or referrals. Under division (B)(2), before using AI the professional must (a) get written informed consent from the patient or authorized representative, stating that AI will be used and for what specific purpose, and (b) enter into all necessary business associate agreements to comply with HIPAA. Division (C) bars using AI to make independent therapeutic decisions (including diagnosing), to directly interact with clients in any form of therapeutic communication, to generate therapeutic recommendations or treatment plans without the professional's review and approval, or to detect emotions or mental states. Division (D) makes all records and communications between a person seeking therapy and the professional confidential, except as required by section 5119.28 of the Revised Code. Under division (E), the appropriate licensing board may fine a violator up to $10,000 per violation. Division (A) defines terms, including "artificial intelligence," "generative artificial intelligence," "administrative support," "therapeutic communication," and "therapy or psychotherapy services." Religious counseling and peer support are excluded from the definition of therapy services.

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