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Senate backs committee changes to require professional oversight for AI in mental-health services
Summary
The Senate proposed to the House to amend and ordered third reading of H816, which would prohibit offering mental‑health services through AI without review and approval by a licensed mental‑health professional, add violations to professional-conduct statutes, and impose civil penalties enforceable under the Consumer Protection Act.
The Senate heard the second reading of H816 and supported the Health and Welfare Committee's report recommending the bill be amended and advanced. Senator Benson (Speaker 9), reporting, described the bill's core purpose as safeguarding individuals seeking mental-health services from psychological harm by ensuring that AI does not independently provide therapeutic decisions.
"This does not prohibit supplemental use," Benson said, adding that the bill allows licensed mental-health professionals to use AI tools provided the professional reviews and approves any service. The reporter noted that the bill adds a violation to unprofessional-conduct statutes and makes violations enforceable under the Consumer Protection Act with a civil penalty of $10,000 per violation.
Committee witnesses included professional associations and the Office of Professional Regulation; the Health and Welfare Committee voted 5-0-0 in favor. On the floor, Senator from Windham (Speaker 3) gave notice that he will bring an amendment on third reading to clarify private right-of-action language and related drafting points.
The Senate voted to propose the House amendment recommended by committee and ordered the bill for third reading.
Next steps: a floor amendment on the private right of action is expected on third reading; agencies named in the bill will prepare rulemaking and reporting as required by the statutory timeline in the bill.
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