Establishes regulations regarding the use of artificial intelligence in mental health care treatments.
Rhode Island S 2197 Sub A, signed by the Governor on 2026-06-22, adds Chapter 5.5 to Title 40.1 of the General Laws, the "Oversight of Artificial Intelligence Technology in Mental Health Care Act" (§ 40.1-5.5-1). It defines key terms, including administrative support, supplementary support, therapeutic communication, consent, and permitted use of AI (§ 40.1-5.5-2). Under § 40.1-5.5-3(a), a licensed professional or provider may not use AI designed to simulate emotional attachment, bonding, or dependency, or AI companions for mental health or emotional support, to assist in supplementary support or therapeutic communication where the session is recorded or transcribed. The exception is when the patient (or parent, guardian, or other legally authorized representative) is informed in writing that AI will be used and why, and gives consent as defined in § 40.1-5.5-2. Under § 40.1-5.5-3(b), no individual or entity may offer therapy or psychotherapy services to the public in Rhode Island, including through Internet-based AI, unless the services are conducted by a licensed professional or provider. Under § 40.1-5.5-3(c), licensed providers may not allow AI to make independent therapeutic decisions, directly interact with clients in therapeutic communication under the conditions described there, or determine therapeutic recommendations or treatment plans. If a client says they are using AI-enabled software on their own, § 40.1-5.5-3(d) lets the provider discuss it and give guidance. The provider must keep the client's information confidential and monitor the client's safety. Records and communications are confidential (§ 40.1-5.5-4). Penalties under § 5-37.3-9 apply to confidentiality violations, and the executive office of health and human services may investigate actual, alleged, or suspected violations (§ 40.1-5.5-5(a)-(b)). The chapter does not apply to religious counseling, peer support, public self-help or educational materials, AI tools cleared by the FDA or another federal agency, or certain IRB-approved research (§ 40.1-5.5-5(c)). The executive office of health and human services may adopt rules (§ 40.1-5.5-6). The act took effect upon passage (SECTION 2).
Status history
Current status as of 2026-06-22
Enacted
2026-06-22
recorded by us 2026-07-26
Impact areas
- Enterprise Adoption
- AI Policy
- Privacy & Data Protection
- Health
- Algorithms & Automated Decisions