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Advisory committee examines state examples for AI rules, flags patient safety and insurer use concerns
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Summary
Committee members reviewed state laws and guidance (Illinois, Nevada, Utah) regulating AI in mental health, expressed concern about AI-only therapy and insurer-driven uses, and agreed to continue monitoring and coordinating with hospital associations and legislators.
The master's-level psychology advisory committee at the Kansas Behavioral Sciences Regulatory Board spent part of its Dec. 3 meeting reviewing how other states are regulating the use of artificial intelligence in mental and behavioral health and discussing potential guardrails.
Executive Director David Fye provided examples for members: Illinois enacted HB1806 (the Wellness and Oversight for Psychological Resources Act) this year, which bans AI-only therapy and requires clinician oversight for therapeutic AI; Nevada's AB406 similarly forbids AI systems from providing mental-health care or making misleading therapeutic claims; and Utah's HB452 produced requirements for disclosure, privacy protections, and a 2024 Office of AI Policy guidance letter that recommends safeguards and human oversight. Fye said these materials were included in the advisory packet.
Members raised practical and ethical concerns. One committee member described a reported legal case in which AI used as a therapist for a minor was linked to a suicide and litigated as a misuse—participants cited the example as a prompt to consider strict oversight and advertising restrictions. Others worried insurers could apply AI to session transcripts or automate payment decisions without clinician review. "My biggest fear for AI is that insurance is able to utilize it in every single one of our sessions and determine whether they're gonna pay based on that information," a member said.
Members noted examples of AI features on videoconferencing platforms that signal recording or automated note-taking; some said they now watch participant windows to detect AI labels. Several advisory members proposed partnering with the Kansas Hospital Association and other advocates to shape legislative approaches rather than leaving action to platform operators or insurers.
The committee did not adopt regulatory language at this meeting but directed staff to keep AI on the agenda and to forward useful comparative materials to the group for further discussion.
