Committee reviews how other states are limiting AI therapy and flags oversight concerns

The advisory committee examined recently enacted state measures aimed at restricting autonomous AI-driven therapy and discussed implications for Kansas clinicians.

Executive Director David Fye summarized three recent efforts: Illinois House Bill 1806, described in staff materials as the Wellness and Oversight for Psychological Resources Act, which prohibits AI systems from independently performing or advertising therapy without licensed-provider oversight; Nevada Assembly Bill 406, which disallows AI systems from providing mental or behavioral health care while permitting administrative uses with independent review and imposing civil fines; and Utah House Bill 452, which requires disclosures, privacy protections and bans the sale or sharing of user data for AI therapy tools. Fye also flagged Utah’s Office of AI Policy and a 54‑page guidance document titled "best practices for the use of artificial intelligence by mental health therapists," included in the meeting packet.

Committee members expressed general support for requiring clinician oversight when AI is used for therapeutic purposes. Public-member and clinician commenters worried about the operational burden: regulated clinicians would be required to review AI outputs, maintain oversight documentation, and potentially manage larger administrative workloads created by automated transcripts and summaries. Several members asked how oversight would be defined in practice — whether it requires reviewing every AI-generated message or a sampling approach — and noted that enforcement and technical definitions will shape practical compliance burdens.

Members asked staff to continue monitoring interstate developments and federal actions and to bring more detailed comparisons and potential guidance to a future meeting.

No regulatory proposals were adopted at the Dec. 4 meeting; the committee agreed to study the model bills and Utah guidance further.