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HB 7349

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 Jackie Baginski and 9 co-sponsors

The act regulates AI in mental health care by restricting its use to non-clinical, consented support under licensed professionals, ensuring clinician responsibility and maintaining

06/22/2026 Signed by Governor
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WeVote Research Nonpartisan
Bill Summary · HB 7349

Overview

HB 7349 (Rhode Island, 2026) establishes a new statutory framework to regulate the use of artificial intelligence (AI) within mental health care, under the Department of Health’s oversight. The act is titled the Oversight of Artificial Intelligence Technology in Mental Health Care Act. It applies to licensed professionals providing therapy or psychotherapy and sets limits on how AI may be used, with requirements for consent, confidentiality, and regulatory enforcement. The act takes effect upon passage.

Main purpose and intent

  • To regulate the use of artificial intelligence in mental health care, ensuring that AI tools used to assist licensed professionals do not undermine clinical judgment, patient safety, or privacy.
  • To require transparency and informed consent when AI is used in therapy sessions that are recorded or transcribed.
  • To preserve professional accountability by restricting AI from making independent clinical decisions or delivering direct therapeutic interactions.

Key provisions and changes

  • Definitions (Chapter 5.5, §40.1-5.5-2):
    • Clarifies terms including AI, administrative support, supplementary support, therapeutic communication, licensed professionals, consent, and other related concepts.
    • Distinguishes administrative support (scheduling, billing, general communications) from supplementary support (recordkeeping, data analysis on anonymized data, organizing referrals) and therapeutic communication (clinical interactions).
    • Defines “permitted use of artificial intelligence” as AI tools used to assist with administrative or supplementary tasks while the licensed professional remains fully responsible for the interaction and data use.
  • Use of AI in mental health care (§40.1-5.5-3):
    • Prohibits licensed professionals from using AI designed to simulate emotional attachment, or AI companions, to assist in providing supplementary support if the client’s session is recorded or transcribed, unless the client or their legally authorized representative is informed in writing about:
    • that AI will be used,
    • the specific purpose of the AI tool, and
    • consent from the client or representative.
    • Prohibits offering therapy services to the public via AI unless conducted by a licensed professional.
    • Allows AI use only to the extent it satisfies consent and informational requirements, and prohibits AI from:
    • making independent therapeutic decisions,
    • directly interacting with clients in therapeutic communication,
    • generating therapeutic recommendations or treatment plans,
    • detecting emotions or mental states.
  • Confidentiality of records (§40.1-5.5-4):
    • Keeps all records and communications between clients and licensed professionals confidential, with disclosures governed by existing law (referenced as § 40.1-5-26).
  • Penalties (§40.1-5.5-5):
    • Violations of confidentiality are subject to applicable penalties under Rhode Island law (§ 5-37.3-9).
    • The Department of Health director has authority to investigate suspected violations.
    • The act does not apply to religious counseling, peer support, or publicly available self-help materials that do not purport to be therapy or psychotherapy services.
  • Rules and regulations (§40.1-5.5-6):
    • The director is authorized to promulgate rules to implement the act.
  • Effective date:
    • The act takes effect upon passage.

Who and what is affected

  • Affected entities:
    • Licensed professionals providing therapy or psychotherapy (e.g., psychologists, social workers, licensed professional counselors, marriage and family therapists, etc.) who use or consider using AI tools.
    • Mental health care providers and organizations offering therapy services in Rhode Island.
    • The Rhode Island Department of Health (DOH), particularly the director, for enforcement and rulemaking.
  • Affected individuals:
    • Clients receiving therapy or psychotherapy services, and their legally authorized representatives (parents, guardians, etc.), who must be informed and consent to AI usage under the specified circumstances.
  • Exclusions:
    • Religious counseling, peer support, and self-help materials that do not claim to offer therapy are not covered by the act.

Procedural and timeline aspects

  • Introduction and referrals:
    • Introduced January 28, 2026; referred to House Health & Human Services.
  • Consideration timeline:
    • The bill has undergone committee review with proposed substitutes and scheduling actions (hearing/consideration in Feb–Mar 2026, with further action in June 2026).
  • Regulatory implementation:
    • The DOH is empowered to issue rules and regulations to implement the act once enacted.

Potential impact and considerations

  • Consumer protections:
    • Enhances transparency and informed consent for AI involvement in therapy, helping patients understand when and how AI is used.
  • Clinical accountability:
    • Maintains human clinician responsibility for all therapeutic decisions and interactions, limiting AI to supportive, non-clinical roles.
  • Privacy and data security:
    • Reinforces confidentiality of therapeutic records; AI usage must align with existing privacy protections.
  • Market implications:
    • May constrain AI-based marketing or delivery of autonomous therapy services in Rhode Island; AI tools used must be under direct licensed professional oversight.
  • Oversight and enforcement:
    • Gives the DOH authority to investigate violations and enforce confidentiality obligations, with established penalties for breaches.

If you’d like, I can provide a plain-language summary for a policy brief or a side-by-side comparison with current Rhode Island practice without AI.

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

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