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Bill

Bill

S 788

Artificial Intelligence and Therapy or Psychotherapy

2025-2026 Regular Session Introduced by Allen Blackmon and 2 co-sponsors

South Carolina proposes regulating artificial intelligence use in therapy and psychotherapy through licensing and practice standards to protect mental health consumers from inadequate AI-driven care.

Roll call Ayes-44 Nays-0
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Bill Summary · S 788

Legislative bill overview

Bill S 788 proposes to regulate the use of artificial intelligence in therapeutic and psychotherapeutic settings in South Carolina. The bill establishes guidelines for how AI systems can be deployed in mental health and counseling contexts, likely addressing licensing, disclosure requirements, and scope of practice limitations. This represents an early state-level attempt to govern the intersection of mental health services and emerging AI technology.

Why is this important

Mental health care is deeply personal and involves vulnerable populations seeking professional help. As AI chatbots and automated systems become more sophisticated, there's legitimate concern about unqualified algorithmic systems substituting for licensed professionals or providing inadequate care. South Carolina's approach could serve as a model for other states navigating whether and how to permit AI in therapeutic roles while protecting consumers and the licensed mental health profession.

Potential points of contention

  • Scope of restrictions: Whether the bill bans AI in therapy entirely, limits it to supplementary roles, or allows it with proper disclosure—each approach has different industry and patient advocacy implications
  • Licensing and accountability: How responsibility is assigned when AI systems cause harm, particularly regarding who bears liability (developer, deploying clinician, facility, or the patient)
  • Innovation vs. protection trade-off: Overly restrictive rules could block beneficial therapeutic tools and research, while loose regulation could enable inadequate care for underserved populations seeking affordable mental health support

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

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