HOUSE DOCKET, NO. 676        FILED ON: 1/16/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1974

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Josh S. Cutler

_________________

To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act regulating the use of artificial intelligence (AI) in providing mental health services.

_______________

PETITION OF:

 

Name:

District/Address:

Date Added:

Josh S. Cutler

6th Plymouth

1/16/2023

Vanna Howard

17th Middlesex

2/27/2023


HOUSE DOCKET, NO. 676        FILED ON: 1/16/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1974

By Representative Cutler of Pembroke, a petition (accompanied by bill, House, No. 1974) of Josh S. Cutler and Vanna Howard relative to the use of artificial intelligence in mental health services.  Mental Health, Substance Use and Recovery.

 

The Commonwealth of Massachusetts

 

_______________

In the One Hundred and Ninety-Third General Court
(2023-2024)

_______________

 

An Act regulating the use of artificial intelligence (AI) in providing mental health services.

 

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1. Chapter 123 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after section 36C the following section:

Section 1: Purpose

The purpose of this act is to regulate the use of Artificial Intelligence (AI) in providing mental health services in the Commonwealth of Massachusetts in order to ensure the safety and well-being of individuals seeking mental health treatment, while also allowing for the responsible use of AI in mental health services.

Section 2: Definitions

(a) "Artificial Intelligence" or "AI" means any technology that can simulate human intelligence, including but not limited to, natural language processing, training language models, reinforcement learning from human feedback and machine learning systems.

(b) "Mental health services" means any service provided by a licensed mental health professional for the purpose of diagnosing, treating, or preventing mental illness or emotional or behavioral disorders.

(c) "Licensed mental health professional" means any individual who is licensed by the state of Massachusetts to provide mental health services, including but not limited to, psychiatrists, psychologists, licensed mental health counselors (LMHCs), licensed independent clinical social workers (LICSWs) and other professional counselors.

Section 3: Regulation of AI in Mental Health Services

(a) Any licensed mental health professional who wishes to provide mental health services through the use of AI shall first seek approval from the relevant professional licensing board.

(b) Any AI system used to provide mental health services must be designed to prioritize the safety and well-being of individuals seeking treatment and must be continuously monitored by a licensed mental health professional to ensure its safety and effectiveness.

(c) Any licensed mental health professional providing mental health services through the use of AI shall inform patients of the use of AI in their treatment and provide them with the option to receive treatment from a licensed mental health professional.

(d) Any licensed mental health professional providing mental health services through the use of AI shall disclose the use of AI to patients in advance and obtain their informed consent.

Section 4: Penalties

(a) Any licensed mental health professional who violates the provisions of this act shall be subject to disciplinary action by the relevant professional licensing board.