Virginia HB 668: Mental health service providers; use of artificial intelligence system, civil penalty.

Bill Text

2026 SESSION

INTRODUCED

26104644D

HOUSE BILL NO. 668

Offered January 14, 2026

Prefiled January 13, 2026

A BILL to amend the Code of Virginia by adding a section numbered 54.1-2400.1:1, relating to use of artificial intelligence system by mental health service providers; civil penalty.

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Patrons—Maldonado, Glass, Shin, Anthony, Hayes, Henson and Rasoul; Senator: Favola

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Referred to Committee on Communications, Technology and Innovation

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Be it enacted by the General Assembly of Virginia: 

1. That the Code of Virginia is amended by adding a section numbered 54.1-2400.1:1 as follows: 

§ 54.1-2400.1:1. Use of artificial intelligence by mental health service providers; civil penalty.

A. As used in this section:

"Administrative support" means tasks performed to assist a mental health service provider in the delivery of mental health services that do not involve communication. "Administrative support" includes (i) managing appointment scheduling and reminders, (ii) processing billing and insurance claims, and (iii) drafting general communications related to mental health services logistics that do not include therapy or counseling.

"Artificial intelligence system" means any machine learning-based system that, for any explicit or implicit objective, infers from the inputs such system receives how to generate outputs, including content, decisions, predictions, and recommendations, that can influence physical or virtual environments. "Artificial intelligence system" does not include any artificial intelligence system or general purpose artificial intelligence model that is used for development, prototyping, and research activities before such artificial intelligence system or general purpose artificial intelligence model is made available to deployers or consumers.

"Mental health service provider" has the same meaning as provided in § 54.1-2400.1.

"Peer support" means services provided by individuals with lived experience of mental health conditions or recovery from substance use that are intended to offer encouragement, understanding, and guidance without clinical intervention.

"Religious counseling" means counseling provided by clergy members, pastoral counselors, or other religious leaders acting within the scope of their religious duties if the services are explicitly faith-based and are not represented as clinical mental health services or therapy services.

"Supplementary support" means tasks performed to assist a mental health service provider in the delivery of therapy or counseling that do not involve therapeutic communication and that are not administrative support. "Supplementary support" includes (i) preparing and maintaining client records, including therapy notes; (ii) analyzing anonymized data to track client progress or identify trends, subject to review by a mental health service provider; and (iii) identifying and organizing external resources or referrals for client use.

"Therapeutic communication" means any verbal, nonverbal, or written interaction conducted in a clinical or professional setting that is intended to diagnose, treat, or address an individual's mental, emotional, or behavioral health concerns. "Therapeutic communication" includes (i) direct interactions with clients for the purpose of understanding or reflecting on their thoughts, emotions, or experiences; (ii) providing guidance, strategies, or interventions designed to achieve mental health outcomes; (iii) offering emotional support, reassurance, or empathy in response to psychological or emotional distress; (iv) collaborating with clients to develop or modify therapeutic goals or treatment plans; and (v) offering behavioral feedback intended to promote psychological growth or address mental health conditions.

B. A mental health service provider may use an artificial intelligence system to assist in providing administrative support or supplementary support in therapy or counseling services if such mental health service provider maintains full responsibility for all interactions, outputs, and data use associated with the system.

No licensed professional shall be permitted to use an artificial intelligence system in providing administrative support or supplemental support in therapy or counseling services pursuant to this subsection when the session is recorded or transcribed unless:

1. The mental health service provider discloses to the patient or the patient's legally authorized representative (i) that an artificial intelligence system will be used and (ii) the specific purpose of the artificial intelligence system that will be used; and

2. At the initial appointment, the mental health service provider discloses its artificial intelligence system use and policies related to such use and the patient or the patient's legally authorized representative provides written consent to the use of an artificial intelligence system as permitted by this section. The mental health service provider shall give