In an effort to safeguard the quality of mental health care, lawmakers in Colorado are debating a new legislation that aims to impose strict regulations on the use of Artificial Intelligence (AI) in this domain. This proposed bill mandates that psychotherapy be conducted exclusively by licensed human professionals.
House Bill 26-1195 would prevent AI systems from directly interacting with patients in therapeutic roles or devising treatment plans without prior review and approval from licensed clinicians.
“The issue we are addressing is the increasing occurrence of AI being marketed for mental health therapy, whether it’s through tools powered by OpenAI, large language models, chatbots, or similar services claiming to offer supportive conversation,” stated Rep. Gretchen Rydin, D-Littleton, who is championing HB26-1195. “Companies are deploying these technologies to simulate therapy and provide therapeutic interactions, but there is currently a lack of regulations governing this practice.”
Rep. Rydin emphasized that AI does not possess the clinical judgment required to manage high-risk scenarios effectively.
“AI machines cannot understand the complexities of a situation. They are incapable of mandated reporting, safety planning, or identifying and responding to indications of suicidality or homicidal ideation. Crisis responses are simply beyond their abilities,” Rep. Rydin explained. “House Bill 26-1195 seeks to firmly establish that psychotherapy must be administered solely by human professionals.”
Additionally, the bill stipulates that written consent from patients would be necessary if AI is utilized to record or document therapy sessions. It would also prohibit companies from advertising AI tools as substitutes for therapy or implying that they offer equivalent support to licensed care.
“Should a company misrepresent itself as providing therapy, it would be in violation of this law and could face penalties under the Consumer Protection Act,” noted Rep. Rydin.
The bill’s sponsor stressed the importance of human involvement in the therapeutic process due to its inherently relational nature.
“Various forms of psychotherapy are regulated primarily because it entails sharing some of one’s most intimate thoughts with another person,” Rep. Rydin remarked. “The bond between a client and their human therapist is authentic and vital.”
If the bill is enacted, it would allow for the use of AI in administrative capacities such as scheduling, billing, and record maintenance. AI could also assist in clinical environments, provided that a licensed clinician reviews and approves any output before it is presented to a patient.
For further information on House Bill 26-1195, click here.
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