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.816, signed by the Governor on June 17, 2026 as Act 156, bars any corporation or entity from providing, advertising or offering mental health services to the public, including through artificial intelligence, unless a mental health professional provides them or they are part of an approved institutional review board or privacy board study (18 V.S.A. § 7115). Its stated purpose is to protect people seeking mental health care from psychological harm, including suicide, by keeping that care with professionals rather than AI systems working on their own. Mental health professional is defined broadly, from psychiatrists, psychologists and social workers to peer support providers, counselors, behavior analysts and unlicensed psychotherapists. A violation by a company is a violation of Vermont's Consumer Protection Act, enforceable by the Attorney General and by private parties. Professionals working within their scope of practice may still use AI tools that comply with HIPAA if they review and approve any mental health services, and may prescribe or recommend FDA-authorized digital therapeutics. For licensed professionals, prohibited use of AI becomes unprofessional conduct (3 V.S.A. § 129a(a)(30); 26 V.S.A. § 1354 for physicians). The act also amends the membership of the state's Artificial Intelligence Advisory Council, which must report to legislative committees by January 15, 2027 with recommendations on regulating AI use by mental health professionals. The act took effect on passage.

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