Committee clears bill to bar AI from making therapeutic diagnoses or treatment decisions
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Summary
House Bill 455, sponsored by Representative Kim Banta, would bar therapists from using AI to diagnose or deliver therapy while allowing AI for clerical tasks with patient authorization. The committee passed the bill as amended by a committee substitute.
Representative Kim Banta, of the 63rd District, introduced House Bill 455 and explained the committee substitute that narrows the bill's scope. "This bill would prevent therapy and psychological services from using AI to, to do therapy or to diagnose, or to, pick out mental illnesses," Banta said, adding she wanted "a human to interact with other humans when we are dealing with mental illness."
Banta told the committee she had received a letter of support from a council for accreditation of counseling and related educational programs. She said the committee substitute clarifies that routine automated interactions — such as appointment reminders or scheduling — remain permissible when the patient authorizes such uses. She emphasized the ban targets situations where a therapist would turn on AI in a clinical session and charge a client for AI-generated diagnoses or therapeutic recommendations.
Committee members questioned whether the Kentucky Psychological Association had expressed concerns about language in section 32 of the bill; Banta said she provided the sub to that group and believed the sub addressed their concerns. Banta also cited out-of-state examples, saying Ohio and Illinois had passed similar bills and later amended them; she referenced a high-profile incident in Ohio in which she said AI contributed to a suicide.
Committee members sought clarifications about permissible AI uses. Banta confirmed AI may be used for notes or recordings if the patient consents, for appointment scheduling and reminders, and for other administrative tasks. She said AI must not make independent therapeutic decisions, generate therapeutic recommendations, or detect emotional states.
After a motion and second on the bill as amended, the clerk called the roll and committee members recorded votes in favor. Chairman Cook announced, "House bill 455 as amended by committee sub passes." The committee did not adopt additional amendments during the meeting.
