VermontMental health services must include professional oversight or approved studies
Starting June 17, 2026, corporations and other entities may not offer mental health services, including AI-based services, without professional oversight or an approved study.
What it does
Corporations and other entities may not offer mental health services, including AI-based services, unless a mental health professional provides them or an approved study provides them.
Mental health professionals may use HIPAA-compliant AI within their authorized practice after reviewing and approving its services; FDA-approved products must be prescribed or recommended by a professional.
Entities that violate the mental health service restriction may face Consumer Protection Act enforcement. Professionals may face discipline under applicable unprofessional-conduct rules for prohibited AI use.
Two professional-regulation officials or their designees join the Artificial Intelligence Advisory Council, which must report to lawmakers about regulating AI use by mental health professionals by January 15, 2027.
Argument forProfessional review could reduce the chance that people receive mental health services from an AI system without qualified human oversight.
Argument againstRequiring professional involvement or an approved study could limit public access to standalone AI mental health services and slow their use.
More detail
Corporations and other entities must not provide, advertise, or otherwise offer mental health services to the public unless a mental health professional provides them or an approved study provides them. The restriction covers mental health services offered by corporations or other entities, including services provided through artificial intelligence. The exception covers studies approved by an institutional review board or privacy board. This provision applies beginning June 17, 2026.
A mental health professional may use a HIPAA-compliant AI tool when working within the professional’s authorized practice and first reviewing and approving the mental health services it provides. This applies to mental health professionals and includes software-based medical products authorized or approved by the U.S. Food and Drug Administration. The tool must comply with HIPAA. The professional must review and approve the services before use. An FDA-authorized or FDA-approved product must be prescribed or recommended by a mental health professional. This provision applies beginning June 17, 2026.
Violations by corporations or other entities can be enforced under the Consumer Protection Act, and prohibited AI use by professionals can be handled as unprofessional conduct. The entity enforcement applies to violations by corporations or other entities; professional enforcement applies under the Office of Professional Regulation or Board of Medical Practice rules, as applicable. The applicable professional regulator or board handles a professional’s conduct under its own unprofessional-conduct statutes. These enforcement provisions apply beginning June 17, 2026.
The Artificial Intelligence Advisory Council must include the Director of Professional Regulation or a designee and the Vermont Board of Medical Practice’s executive director or a designee, and it must report on AI use by mental health professionals. The report goes to the General Assembly and concerns regulation of artificial intelligence used by mental health professionals. The membership provision applies beginning June 17, 2026, and the report is due by January 15, 2027.
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Where it stands
- Introduced
- Passed 1st Chamber
- Passed 2nd Chamber
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- May 29House message: Governor approved bill on June 17, 2026Latest
- May 29Signed by Governor Phil Scott on June 17, 2026Became Law
- May 29Delivered to Governor on June 11, 2026To Governor
- May 28House message: House adopted Conference Committee report
- May 26Committee of Conference report adopted (House bill)Major
- May 26Rules suspended and taken up for immediate consideration as moved by Rep. McCoy of Poultney
- May 26Notice Calendar: Report of Committee of Conference
- May 22Senate Message: Report of Committee of Conference adopted
- May 22Rules suspended & messaged to House forthwith, on motion of Senator Baruth
- May 22Committee of Conference report adopted
- May 22Committee of Conference report submitted by Senator Gulick for Committee, text
- May 22Committee of Conference report
- May 21Committee of Conference report
- May 21Entered on Notice Calendar
- May 19Senate Message: Committee of Conference members appointed
- May 19Committee of Conference appointed: Senators Gulick, Lyons, and Benson
- May 19House message: House refused to concur in Senate proposal of amendment & requested Conference Committee; House Conference Committee members appointedMinor
- May 15Rules suspended and bill messaged forthwith to the Senate as moved by Rep. McCoy of Poultney
- May 15Speaker appointed Reps. Berbeco of Winooski, Cina of Burlington, and Taylor of Mendon as members of the Committee of Conference on the part of the House
- May 15Senate proposal of amendment not concurred in and Committee of Conference requested upon motion of Rep. Black of EssexMinor
- May 15Action Calendar: Action postponed until May 15, 2026
- May 14Rep. Black of Essex moved to postpone action until May 15, 2026, which was agreed to
- May 14Action Calendar: Senate Proposal of AmendmentMinor
- May 13Notice Calendar: Senate Proposal of AmendmentMinor
- May 12Senate Message: Passed in concurrence with proposal of amendmentMinor
- May 8Read 3rd time & passed in concurrence with proposal of amendmentPassed 2nd Chamber
- May 8Pending third reading, Senator Hashim and Lyons proposal of amendment, agreed toMinor
- May 8New Business/Third ReadingMinor
- May 73rd reading ordered
- May 7Proposal of amendment by Committee on Health and Welfare agreed toMinor
- May 7Read 2nd time, reported favorably with proposal of amendment by Senator Benson for Committee on Health and WelfareMinor
- May 7Favorable report with proposal of amendment by Committee on Health and WelfareMinor
- May 7Unfinished Business/Second ReadingMinor
- May 6Favorable report with proposal of amendment by Committee on Health and WelfareMinor
- May 6Unfinished Business/Second ReadingMinor
- May 5Favorable report with proposal of amendment by Committee on Health and WelfareMinor
- May 5New Business/Second ReadingMinor
- May 1Favorable report with proposal of amendment by Committee on Health and WelfareMinor
- May 1Second ReadingMinor
- May 1Entered on Notice Calendar
- Mar 20Read 1st time & referred to Committee on Health and WelfareMinor
- Mar 18Read third time and passedPassed 1st Chamber
- Mar 18Action Calendar: Third ReadingMinor
- Mar 17Third Reading orderedMinor
- Mar 17Report of Committee on Health Care agreed to
- Mar 17Rep. Critchlow of Colchester reported for the Committee on Health Care
- Mar 17Read second timeMinor
- Mar 17Action Calendar: Favorable with Amendment
- Mar 13Notice Calendar: Favorable with Amendment
- Jan 29Read first time and referred to the Committee on Health CareIntroduced
Mental HealthHealthcareAI & Privacy