Vermont Bill Restricts AI from Making Mental Health Decisions
Vermont's Senate approved H.816 on Thursday, a bill designed to prevent artificial intelligence from diagnosing mental health conditions or creating treatment plans. The measure advances as states begin setting rules around AI use in healthcare.
The bill prohibits AI chatbots-whether marketed as therapy services or wellness products-from providing clinical diagnoses or therapeutic guidance. If a therapist uses AI to make these decisions, it would constitute unlicensed practice and violate Vermont's Consumer Protection Act.
Lynn Currier, executive director of the Vermont chapter of the National Association of Social Workers, said the distinction matters because online platforms often blur the line between wellness and clinical care. "Even if it calls itself wellness, if it quacks like a duck, walks like a duck, it's a duck," she said.
Where AI Use Remains Allowed
The bill does not restrict therapists from using AI for administrative tasks. Scheduling appointments, handling billing, and transcribing sessions all fall outside the prohibition.
Rep. Daisy Berbeco, D-Winooski, introduced the bill after learning that clinicians were already using AI tools but lacked clear guidance on appropriate applications. "We want them to use the benefits of the tools, but we don't want them to use the tools in place of their expertise and skills that they've been trained in," she said.
Next Steps and Regulatory Review
The bill heads to third reading in the Senate on Friday. The House will then review changes made since the bill originally passed in March.
The bill directs Vermont's Office of Professional Regulation to recommend rules for how mental health professionals should use AI by January 15, 2025. If approved, the law would take effect immediately.
For healthcare professionals using generative AI and large language models in practice, the legislation signals a broader movement toward clarity on AI for healthcare applications. The challenge lies in distinguishing tools that augment clinical work from those that replace professional judgment.
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