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Bill

HB 4770

Establishing limitations on the use of artificial intelligence and artificial intelligence technology to deliver mental health care, with exceptions for administrative support functions

2026 Regular Session Introduced by Mike Hite and 2 co-sponsors

West Virginia HB 4770 bans AI from delivering direct mental health care, keeping clinicians in charge, while allowing AI for non-clinical administrative tasks.

To House Finance
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WeVote Research Nonpartisan
Bill Summary · HB 4770

Overview

HB 4770 (West Virginia, 2026) establishes restrictions on the use of artificial intelligence (AI) and AI technology in delivering mental health care, while permitting certain administrative support functions. The bill navigates the balance between leveraging AI tools and safeguarding patient care, privacy, and professional standards in mental health services.

Purpose and Intent

  • To limit how AI and AI-enhanced technologies can be used to deliver mental health care directly to patients.
  • To ensure that essential clinical judgment, diagnosis, treatment planning, and direct patient interaction remain under human oversight.
  • To carve out exemptions for administrative functions that use AI, provided they do not substitute for or impair clinical decision-making or patient-facing care.

Key Provisions and Changes

  • Prohibition on AI-Driven Care Delivery: The bill constrains the use of AI and AI technologies for delivering mental health treatment or providing direct mental health care services to patients. This implies that clinicians must maintain primary responsibility for assessment, diagnosis, and treatment.
  • Exceptions for Administrative Support: AI applications used for non-clinical, administrative purposes are permitted. Examples likely include scheduling, billing, record-keeping, data processing, or other back-office tasks that do not influence clinical decisions or patient interactions.
  • Clinical Oversight and Professional Standards: The measure emphasizes that clinical care remains under licensure standards, ensuring practitioners retain accountability for patient outcomes.
  • Compliance and Monitoring: The bill would require health entities and providers to adhere to specified rules and potentially implement oversight mechanisms to ensure AI is not used in a manner that substitutes clinical care.
  • Potential Implementation Guidance: The bill may outline steps for health systems to assess AI tools, perform risk assessments, and ensure human-in-the-loop processes where applicable, though exact language is not provided here.

Affected Parties

  • Mental health licensees and providers in West Virginia ( psychiatrists, psychologists, counselors, social workers, and other clinicians) who deliver mental health care.
  • Health care facilities, clinics, hospitals, and private practices employing AI tools in care delivery.
  • Administrative and support staff handling scheduling, billing, or record management that rely on AI systems.
  • State health agencies and regulatory bodies responsible for licensure and enforcement.

Procedural and Timeline Aspects

  • Introduced and Filed: January 23, 2026 (House Health and Human Resources).
  • Sequential referrals: To Health and Human Resources, then Finance.
  • Markup/Discussion: January 28, 2026.
  • Passed by substitute and moved to Finance: February 3, 2026, with a note “by substitute, do pass, but first to Finance,” indicating a potential fiscal impact review requirement.
  • Next steps likely include consideration by the House Finance Committee, potential amendments, and eventual floor vote, followed by reconciliation with the Senate if applicable and eventual signature by the Governor.

Potential Impacts

  • Patient Safety and Quality: Reinforces human clinical oversight in mental health care, aiming to maintain professional standards and reduce risk associated with autonomous AI clinical decision-making.
  • Innovation and Efficiency: Allows AI-enabled administrative functions that can streamline operations, reduce paperwork, and lower non-clinical workload for providers.
  • Compliance Burden: Health care entities may need to audit AI use, implement governance for clinical AI, and ensure that clinical tools remain under human supervision.
  • Economic Considerations: Possible fiscal implications reviewed by the Finance Committee, including any costs associated with compliance, training, and monitoring infrastructure.

Notes

  • The bill’s exact language will specify the scope of “administrative support functions” and define what constitutes “delivery of mental health care” by AI.
  • The bill reflects a policy preference for preserving clinician-led care while enabling non-clinical AI applications.

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

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