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SB 2197

AN ACT RELATING TO BEHAVIORAL HEALTHCARE, DEVELOPMENTAL DISABILITIES AND HOSPITALS -- OVERSIGHT OF ARTIFICIAL INTELLIGENCE TECHNOLOGY IN MENTAL HEALTH CARE ACT

2026 Regular Session Introduced by John Burke and 7 co-sponsors

Regulates AI in Rhode Island mental health care to ensure transparency, written consent, and that AI serves only a limited administrative/supplementary role under clinician supervi

06/22/2026 Signed by Governor
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Bill Summary · SB 2197

Bill overview

  • Bill: SB 2197
  • Session: 2026 (Rhode Island)
  • Jurisdiction: Rhode Island General Assembly
  • Theme: Establishes oversight and regulatory framework for the use of artificial intelligence (AI) in mental health care within the state’s behavioral health system.

Main purpose and intent

  • Create a formal framework, under the Department of Health, to regulate how AI technology can be used in therapy and psychotherapy.
  • Protect patients by requiring transparency, consent, and limits on AI use in clinical settings.
  • Distinguish between administrative/supplementary roles for AI and prohibiting AI from performing core therapeutic decisions or interactions.

Key provisions and changes

  • Establishment of a new chapter: 40.1-5.5, titled “Oversight of Artificial Intelligence Technology in Mental Health Care Act.”
  • Definitions (section 40.1-5.5-2) to clarify terms such as:
    • AI and AI technology
    • Consent (explicit written consent, with specifics on when consent is not valid)
    • Licensed professionals and what constitutes therapy or psychotherapy
    • Administrative support vs. supplementary support
    • Therapeutic communication
    • Permitted use of AI (AI used only as a support tool with ongoing professional responsibility)
  • Use of AI in mental health care (section 40.1-5.5-3):
    • Prohibits licensed professionals from using AI that simulates emotional attachment or AI companions to assist in providing supplementary support during sessions unless specific informed consent is obtained in writing.
    • Prohibits providing or advertising therapy or psychotherapy services via AI to the public unless conducted by a licensed professional.
    • Allows AI only in a limited, supervisory role; professionals must maintain full responsibility for interactions and outputs.
    • Explicitly prohibits AI from: making independent therapeutic decisions, directly interacting with clients in therapeutic communication, generating treatment plans, or detecting emotions/mental states.
  • Confidentiality (section 40.1-5.5-4):
    • Records and communications between clients and professionals remain confidential, governed by existing confidentiality provisions.
  • Penalties and enforcement (section 40.1-5.5-5):
    • Violations may fall under existing confidentiality-related penalties.
    • The Director of the Department of Health has authority to investigate suspected violations.
    • Religious counseling, peer support, and self-help materials not presented as clinical therapy are exempt from this Act.
  • Rules and regulations (section 40.1-5.5-6):
    • The Director is authorized to promulgate rules and regulations to implement the Act.
  • Effective date:
    • Takes effect upon passage.

Who would be affected

  • Licensed mental health professionals and other licensed or credentialed providers who offer therapy or psychotherapy in Rhode Island.
  • Entities offering AI-based mental health services to the public within Rhode Island.
  • The Rhode Island Department of Health, which would oversee enforcement, investigations, and rulemaking.
  • Patients receiving mental health services, who would gain enhanced protections around AI use and consent.

Procedural and timeline aspects

  • Introduction and referral: January 23, 2026; referred to Senate Artificial Intelligence & Emerging Tech.
  • Legislative action timeline:
    • March 20, 2026: Scheduled hearing/consideration; committee recommended holding for further study (from action history).
    • May 12, 2026: Scheduled for consideration (as of the latest update).
  • Effective date: Immediate upon passage.

Potential impact and considerations

  • Consumer protection: Strengthens consent requirements and restricts AI’s role to administrative or supplementary tools, ensuring clinicians retain control over therapeutic decisions.
  • Privacy and confidentiality: Reaffirms confidentiality of records and communications, with AI use subject to existing privacy laws.
  • Market implications: May constrain the use of AI-powered therapy tools and advertising unless provided by licensed professionals; could affect AI vendors and service models in Rhode Island.
  • Oversight burden: Adds regulatory oversight for AI in mental health care, including potential investigations by the Department of Health.
  • Exemptions: Religious counseling, peer support, and broad self-help materials remain outside the Act’s scope.

If you’d like, I can provide a plain-language one-page brief or a comparison with similar AI-related health care regulations in other states.

Compiled from official sources — confirm details with the bill’s official record.

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