CA SB 903: Mental health professionals: artificial intelligence.

California SB 903 proposes to regulate the use of artificial intelligence by licensed professionals providing psychotherapy services. The bill prohibits any individual, corporation, or entity from using artificial intelligence to record or transcribe psychotherapeutic communications or sessions, or to triage or screen a person for the need for psychotherapy services, unless the patient or their authorized representative is informed that artificial intelligence will be used and provides consent as specified.

The bill further prohibits licensed professionals from allowing artificial intelligence to perform certain acts, including making independent therapeutic decisions or detecting emotions or mental states. Violations of the bill's provisions would be subject to the jurisdiction of the appropriate health care professional licensing board or enforcement agency, which would be authorized to pursue any remedies authorized by law.

The bill also requires that the use of artificial intelligence in psychotherapy records comply with the confidentiality requirements of California's Confidentiality of Medical Information Act (CMIA), which restricts the persons and entities to whom, and the purposes for which, a health care provider, health care service plan, or contractor may release a patient's medical information. The CMIA imposes specific disclosure requirements for the release of medical information relating to a patient's participation in outpatient treatment with a psychotherapist, including disclosure of the specific intended uses of the information and the length of time during which the information will be kept before being destroyed or disposed of.

By expanding the scope of existing crimes under the Licensed Marriage and Family Therapist Act, the Educational Psychologist Practice Act, the Clinical Social Worker Practice Act, and the Licensed Professional Clinical Counselor Act, the bill would impose a state-mandated local program. The bill provides that no state reimbursement to local agencies is required for this mandate. As of the latest action noted in the source, the bill was set for hearing on May 4.