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Establishing limitations on the use of artificial intelligence and artificial intelligence technology to deliver mental health care, with exceptions for administrative support functions
In one paragraph
West Virginia's HB 4770 (2026 regular session, committee substitute) would have limited AI in mental health care. AI could assist only with administrative or supplementary support, with patient care, reimbursement or claims decisions not based exclusively on AI; AI could not act as or be marketed as a licensed professional, and licensed professionals could not let AI make independent therapeutic decisions. Violations would have carried civil penalties up to $10,000 each. It passed House Health and Human Resources but died in House Finance when the session ended March 14, 2026.
Plain-English summary, written with AI assistance. The official text controls.
What it means for business
None: the bill did not pass. It would have restricted AI in therapy and psychotherapy and in insurers' coverage decisions for operators, licensed professionals and health insurers.
Key provisions
- AI may give administrative or supplementary support in therapy, but the operator or professional keeps full responsibility and patient care, reimbursement or claims decisions may not be based exclusively on AI-generated information (33-57-2(b))
- Operators and licensed professionals would have to tell AI companion users they are not communicating with a human at the start of an interaction (not more than once a day) and at least every three hours (c)
- Written notice and consent of the patient required when AI supports a recorded or transcribed session (d)
- Therapy may be offered to the public only by licensed professionals; AI may not be designed or marketed in a way that reasonably leads people to believe it is a licensed professional or crisis service (e)
- Licensed professionals could not allow AI to make independent therapeutic decisions, directly conduct therapeutic communication with clients, or generate treatment plans without approval; AI could only flag or triage self-harm and acute safety risks, which a licensed professional would have to promptly review by a licensed professional (g, h)
- Civil penalty of up to $10,000 per violation, set and enforced by the Offices of the Insurance Commissioner, which may adopt rules; PEIA and insurance policies, plans and contracts issued or renewed on or after January 1, 2027 would have to comply
- Committee substitute reported by House Health and Human Resources and sent to House Finance on February 3, 2026; died at the end of the 2026 session
Latest legislative action
Feb 3, 2026. To House Finance
Sponsors (showing 5 of 10)
| Name | Role |
|---|---|
| Hansen | Primary |
| Linville | Primary |
| Rowe | Primary |
| Worrell | Primary |
| Hite | Cosponsor |
Topics and industries
Related topics
Affected industries
This page is general information, not legal advice. Summaries are AI-assisted and may contain errors; read the statute for the controlling text and talk to a lawyer about your situation. Full disclaimer · Report an error