AI Frontier Institute

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

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Virginia Senate Bill 269 (Senate Substitute 26106455D) adds a new section, § 54.1-2400.1:1, to the Code of Virginia to regulate the use of artificial intelligence (AI) systems by mental health service providers. The bill defines key terms including 'artificial intelligence system,' 'therapeutic communication,' 'administrative support,' 'peer support,' and 'religious counseling.' Under the bill, mental health service providers may use AI to assist in therapy or counseling only if the provider maintains full responsibility for all interactions, outputs, and data use. When a session is recorded or transcribed, providers must disclose to patients (or their legally authorized representatives) 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 AI systems from making independent therapeutic decisions, directly interacting with clients in therapeutic communication without provider oversight, or generating therapeutic recommendations, diagnoses, or treatment plans without licensed professional review and approval. It also prohibits any person or business entity from offering therapy or counseling services in Virginia unless those services are conducted by a licensed mental health service provider, even if AI is involved. Confidentiality of records and communications must comply with § 32.1-127.1:03. The bill exempts religious counseling, peer support, and public self-help or educational resources. Violations are subject to 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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