AI Frontier Institute

An act relating to regulating the use of artificial intelligence in the provision of mental health services

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Vermont H.644 (2026) has not been enacted. It was introduced and referred to the House Committee on Health Care on 2026-01-13. If enacted, it would largely ban AI-delivered mental health services in Vermont and restrict how mental health professionals use AI. Sec. 1 sets out findings about therapy chatbots that responded inappropriately, gave harmful advice, and were linked to reported suicides. Sec. 2 states the purpose: protect people seeking mental health services from psychological harm, including suicide, by ensuring a mental health professional delivers those services and not an AI system. Sec. 3 amends 3 V.S.A. § 129a to make a mental health professional's misuse of AI under 26 V.S.A. § 7101 unprofessional conduct (new subdivision (30)). Sec. 4 adds 18 V.S.A. § 7115. It bars any person, corporation, or entity from offering, providing, or advertising mental health services in Vermont that use AI in whole or in part, except as authorized under 26 V.S.A. § 7101. A violation is a Consumer Protection Act violation (9 V.S.A. chapter 63). The Attorney General and private parties would have the same enforcement powers and remedies as under that chapter, with a $10,000.00 civil penalty per violation. Other legal remedies are preserved. Sec. 5 adds 26 V.S.A. chapter 120, which defines AI (§ 7001) and sets rules for mental health professionals (§ 7101). Professionals may use AI for administrative support, such as scheduling, billing, records and notes, analysis of deidentified data, and finding referrals. They must review and take responsibility for the AI's tasks, outputs and data use. To use AI for transcription or recording, they must first give written notice of the purpose and get consent from the patient or client, or the patient's or client's legal guardian. Administrative tasks done with AI are subject to the confidentiality and disclosure prohibitions in 18 V.S.A. §§ 1881 and 7103. Professionals may not use AI to make therapeutic decisions, issue direct therapeutic communications, generate treatment plans or recommendations, or detect or interpret emotions or mental states. They also may not offer or advertise mental health services that use AI, except for the permitted uses. Sec. 6 says the act takes effect on passage.

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