HB668 regulates AI use by mental health providers in Virginia, allowing AI for defined administrative support but prohibiting therapy without a provider present. It establishes a civil penalty not to exceed $10,000 for violations of the statute, and exempts religious counseling, peer support, or self-help materials and educational resources.
If you provide mental health services in Virginia, you must ensure a licensed provider is present during AI-assisted therapy by July 1, 2024, or face civil penalties.
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What This Means
Virginia's HB668 governs the use of AI by mental health service providers, permitting AI for defined administrative tasks but requiring human oversight for therapeutic interactions. It establishes a civil penalty not to exceed $10,000 for violations of the statute, with exceptions for religious counseling, peer support, or self-help materials and educational resources.
Key Provisions
- Permits AI for defined administrative and supplementary support tasks ( a7 54.1-2400.1:1 A).
- Prohibits AI from making independent therapeutic decisions without a mental health service provider present ( a7 54.1-2400.1:1 D).
- Establishes a civil penalty not to exceed $10,000 for violations of the statute ( a7 54.1-2400.1:1 G).
- Exempts religious counseling, peer support, and educational resources from AI regulations ( a7 54.1-2400.1:1 F).
- Mandates confidentiality of records in compliance with health privacy requirements ( a7 54.1-2400.1:1 E).
Latest Legislative Action
Left in Committee Communications, Technology and Innovation
Bill Sponsors (showing 5 of 13)
| Name | Role |
|---|---|
| Daniel W. Marshall, III | Primary |
| Michael P. Mullin | Primary |
| Michelle Lopes Maldonado D | Primary |
| Patrick A. Hope D | Primary |
| Terry G. Kilgore R | Primary |
Roll Call Votes
Compliance Checklist
Who: Mental health service providers
Deadline: At the initial appointment
Penalty: Up to $10,000 for non-compliance
Who: Mental health service providers
Deadline: Ongoing
Penalty: Up to $10,000 for violations
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