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Bill

SB 269

Mental health service providers; definitions, use of artificial intelligence system, civil penalty.

2026 Regular Session Introduced by Barbara Favola

Virginia law establishes definitions and civil penalties for mental health providers using AI systems, creating accountability standards for technology integration in behavioral healthcare.

Continued to next session in Communications, Technology and Innovation (Voice Vote)
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Bill Summary · SB 269

Legislative bill overview

SB 269 establishes regulatory definitions and requirements for mental health service providers using artificial intelligence systems in Virginia. The bill creates a civil penalty framework for non-compliance with AI usage standards in mental health care delivery.

Why is this important

As AI increasingly integrates into healthcare, this bill addresses a critical gap in patient protection by setting baseline standards for AI use in mental health—a particularly sensitive domain. The legislation could influence how mental health providers implement AI tools while establishing accountability mechanisms for misuse or inadequate safeguards.

Potential points of contention

  • Definition scope: Uncertainty about which AI applications fall under "mental health service" regulations (chatbots, diagnostic tools, administrative systems, therapeutic algorithms) may create compliance confusion
  • Civil penalty structure: Questions about penalty amounts, enforcement mechanisms, and whether penalties alone adequately deter violations or protect patients from harm
  • Provider burden: Small mental health practices may face disproportionate compliance costs compared to large healthcare systems with dedicated compliance teams
  • Innovation tension: Overly restrictive AI requirements could slow beneficial technological adoption in mental health care access
  • Patient consent/transparency: Bill effectiveness depends on whether it adequately requires informed patient consent before AI use in treatment

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

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