Rhode Island limits how providers use AI in therapy

Covered therapy must be conducted by a licensed provider. Providers cannot let AI make independent treatment decisions or determine treatment recommendations or plans. These rules cover people and businesses offering therapy to the public in Rhode Island, including through online AI. AI treatment conversations require an established provider relationship and patient consent. An in-person visit is not required. Providers remain responsible for clinical judgment and reasonable oversight, but not vendor-controlled system design, algorithms, or outputs. The chapter excludes religious counseling, peer support, and public self-help or educational resources that do not claim to offer therapy. It also excludes AI tools reviewed and cleared by the Food and Drug Administration or another federal agency responsible for approving healthcare AI. Research must have a health facility review board’s approval and meet the referenced federal consent or removal-of-identifying-information requirements to qualify for exemption. The act takes effect upon passage. The recorded signing occurred on June 22, 2026.

Providers must give written notice and obtain consent before using the covered AI for support tasks or treatment conversations in recorded or transcribed sessions. This requirement covers AI designed to simulate emotional attachment, bonding, or dependency, and AI companions for mental health or emotional support. The notice must explain that AI will be used and its specific purpose. The patient, parent, guardian, or another legally authorized representative must consent. Consent must be a freely given, informed, specific written agreement that can be withdrawn. Electronic consent is allowed. General terms of use, passive interactions with digital content, and deceptive actions do not count. Federally reviewed and cleared healthcare AI tools are exempt. Exempt research needs a health facility review board’s approval and must meet the referenced federal consent or removal-of-identifying-information requirements.

Providers may discuss AI software patients use on their own and offer guidance. They must protect confidentiality, monitor safety, intervene when needed, and discuss risks. These duties apply when a therapy patient tells a licensed provider about AI software the patient uses on their own initiative. The chapter excludes religious counseling, peer support, and public self-help or educational resources that do not claim to offer therapy. Federally reviewed and cleared healthcare AI tools are exempt. Exempt research needs a health facility review board’s approval and must meet the referenced federal consent or removal-of-identifying-information requirements.

Providers must keep therapy records and communications confidential. Rhode Island’s Executive Office of Health and Human Services may investigate violations and issue rules to carry out the chapter. The confidentiality rule covers records kept by licensed therapy providers and communications between those providers and people seeking therapy. Disclosure is allowed only under the referenced state confidentiality law. Violations carry penalties set by another referenced state law. The chapter excludes religious counseling, peer support, and public self-help or educational resources that do not claim to offer therapy. Federally reviewed and cleared healthcare AI tools are exempt. Exempt research needs a health facility review board’s approval and must meet the referenced federal consent or removal-of-identifying-information requirements.