Privacy Law Library

Oversight of Artificial Intelligence Technology in Mental Health Care Act

RI Mental Health AI Act

Artificial intelligence · Health

Limits how AI may be used in mental health care. Licensed therapists may use AI for administrative and supplementary tasks, but may not let it make therapeutic decisions, set treatment plans or talk with clients therapeutically, and must get written informed consent before using emotionally engaging or companion-type AI in recorded or transcribed sessions. Only licensed professionals may offer therapy to the public, including through AI apps, and therapy records and communications stay confidential.

Where
Rhode Island
Citation
R.I. Gen. Laws §§ 40.1-5.5-1 to 40.1-5.5-6 (P.L. 2026, ch. 373 and ch. 374)
Status
In force
In force since
2026-06-22
Enforced by
Rhode Island Executive Office of Health and Human Services (investigation and rules); courts and prosecutors for confidentiality penalties
People can sue
Limited
Penalties
Confidentiality violations carry the penalties of § 5-37.3-9: actual and exemplary damages, and for intentional violations a fine up to ,000 and/or up to 6 months in prison (§ 40.1-5.5-5(a)). EOHHS may investigate other violations.
Applies to
  • Licensed therapy and psychotherapy professionals and providers in Rhode Island
  • Any individual, corporation or entity offering therapy or psychotherapy services to the Rhode Island public, including internet-based AI services
  • Excludes religious counseling, peer support, public self-help materials, FDA-cleared AI tools and IRB-approved research

What a privacy notice must say

  • Before using AI designed to simulate emotional attachment or AI companions for supplementary support or therapeutic communication in recorded or transcribed sessions, inform the patient (or parent or representative) in writing that AI will be used and its specific purpose, and obtain affirmative, revocable written consent.R.I. Gen. Laws §§ 40.1-5.5-2(3), 40.1-5.5-3(a)

Practices it requires

  • Do not provide, advertise or offer therapy or psychotherapy services to the public, including through internet-based AI, unless a licensed professional conducts them.R.I. Gen. Laws § 40.1-5.5-3(b)
  • Do not let AI make independent therapeutic decisions, interact therapeutically with clients outside an established consented treatment relationship, or determine treatment recommendations or plans.R.I. Gen. Laws § 40.1-5.5-3(c)

Security duties

  • Keep all therapy records and client communications confidential, disclosing them only as § 40.1-5-26 allows.R.I. Gen. Laws § 40.1-5.5-4

Sources

Checked against these sources on 2026-09-25 by research agent (Claude), primary sources.

Unverified: Not yet posted in the online General Laws; section numbers come from the enacted public law. | Companion Senate act P.L. 2026, ch. 374 (2026-S 2197 Sub A) not fetched.

Research reference, not legal advice.