AI Frontier Institute

Mental health service providers; use of artificial intelligence system, civil penalty.

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Virginia House Bill 668 proposes a new section (§ 54.1-2400.1:1) to the Code of Virginia regulating the use of artificial intelligence systems by mental health service providers. The bill allows licensed mental health service providers to use AI systems to assist in therapy or counseling, but requires them to maintain full responsibility for all AI interactions, outputs, and data use. If a session is recorded or transcribed, providers must disclose to the patient (or their legally authorized representative) that an AI system will be used and its specific purpose, and must obtain written or digital consent at the initial appointment. The bill prohibits any person or business entity from offering therapy or counseling services using AI unless the services are conducted by a licensed mental health service provider. AI systems are explicitly barred from making independent therapeutic decisions, interacting with clients in therapeutic communication without provider oversight, or generating therapeutic recommendations, diagnoses, or treatment plans without licensed professional review and approval. All communications between clients and providers remain confidential under § 32.1-127.1:03. The bill exempts religious counseling, peer support, and publicly available self-help or educational resources. Violations carry a civil penalty of up to $10,000, collected by the Department of Health Professions and deposited into the general fund.

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