CA SB 903: Mental health professionals: artificial intelligence. Verified

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What This Means

California's SB 903 aims to regulate the use of artificial intelligence by licensed mental health professionals. It mandates patient consent for AI involvement in psychotherapy, prohibits AI from recording or transcribing sessions and triaging or screening without informed consent, ensures compliance with the Confidentiality of Medical Information Act for AI-generated records, expands the scope of existing crimes by regulating AI use in psychotherapy, specifies that no reimbursement is required because the bill creates new regulations, and subjects violations to the jurisdiction of relevant licensing boards or enforcement agencies, which can pursue any remedies authorized by law. This bill addresses the growing intersection of mental health services and AI technology, impacting how practitioners can utilize AI tools in their practice.

Key Provisions

• Prohibits AI from recording or transcribing psychotherapeutic communications without patient consent.
• Requires licensed professionals to inform patients about AI use in their therapy.
• Bans AI from making independent therapeutic decisions or detecting emotions or mental states.
• Prohibits AI from triaging or screening a person for the need for psychotherapy services without informed consent.
• Mandates compliance with the Confidentiality of Medical Information Act for AI-generated records.
• Violations expand the scope of existing crimes due to the new regulations on AI use in psychotherapy and are subject to enforcement by health care professional licensing boards or enforcement agencies, which can pursue any remedies authorized by law.
• Specifies no reimbursement is required because it creates new regulations and imposes a state-mandated local program.

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Referred to Coms. on B. & P. and P. & C.P.

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