Mental health providers would oversee AI used in therapy

A mental health provider may use AI to help provide therapy or counseling, while keeping full responsibility for its interactions, outputs, and data use. These rules cover mental health service providers using AI in therapy or counseling services. If a session is recorded or transcribed, the provider must tell the patient or representative that AI will be used and explain its purpose. At the first appointment, the provider must explain its AI policies and get written or digital consent; the provider must notify consenting patients of policy changes. AI may not make independent therapy decisions, communicate therapeutically without provider oversight, or give diagnoses or treatment recommendations without professional review, oversight, and approval.

A person or business may offer therapy or counseling to the public in Virginia only if a mental health service provider conducts the services. This applies to people and businesses offering therapy or counseling services to the public in Virginia. The rule does not apply to religious counseling, peer support, or public self-help and educational materials that do not claim to offer therapy or counseling.

A person who violates these provisions may face a civil penalty of up to $10,000, collected by the Department of Health Professions for the state's general fund. The penalty applies to any person who violates the section.