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VT AI Mental Health Services Act

An Act Relating to Regulating the Use of Artificial Intelligence in the Provision of Mental Health Services (H.816)

Prohibits offering or advertising mental health services where AI provides therapeutic judgment, diagnosis, treatment, or communication. Allows AI for administrative, operational, documentation, and quality improvement functions. Requires mental health professionals to maintain clinical responsibility and obtain patient consent for AI recording or transcription of therapeutic communications.

Jurisdiction

Vermont

Enacted

Pending

Effective

TBD

Enforcement

Vermont Consumer Protection authorities

Received favorable committee report with amendment March 13, 2026. Advancing to House floor.

Vermont Legislature

Why It Matters

Draws a clear line prohibiting AI from performing core therapeutic functions in mental health, while permitting administrative AI use. Companion to HB 814 which takes a broader healthcare AI approach.

Recent Developments

Received favorable committee report with amendment on March 13, 2026. Sponsored by Rep. Daisy Berbeco.

At a Glance

Applies to

Mental Health AppAI Companion

Harms addressed

Who Must Comply

  • AI system providers offering mental health services in Vermont
  • Mental health professionals using AI tools
  • Entities advertising AI-powered mental health services

Safety Provisions

  • Prohibits AI from providing therapeutic judgment, diagnosis, or treatment
  • Prohibits AI from direct therapeutic communication with patients
  • Mental health professionals must maintain clinical responsibility over all therapeutic decisions
  • Patient consent required for AI recording or transcription of identifiable therapeutic communications
  • AI permitted only for administrative, operational, documentation, and quality improvement functions

Exemptions

Administrative AI Use

AI used for administrative tasks, operational functions, documentation, and quality improvement is permitted

  • • No therapeutic judgment
  • • No diagnosis or treatment
  • • No direct therapeutic communication

Compliance & Enforcement

Penalties

Violations treated under Vermont Consumer Protection Act

View on map

Vermont

Focus Areas

Mental health & crisis

Cite This

APA

Vermont. (n.d.). An Act Relating to Regulating the Use of Artificial Intelligence in the Provision of Mental Health Services (H.816).

Related Regulations

Proposed US-VT

VT AI Healthcare & Neurological Rights Act

Regulates AI chatbots acting as stand-ins for mental health professionals, requires disclosure of generative AI use in healthcare settings, restricts health insurers from using AI to deny care without licensed human review, and establishes neurological rights protections for brain-computer interface data.

Enacted US-IA

IA SF 2417

Establishes requirements and guidelines for conversational AI services including AI disclosure to minors, prohibition on sexually explicit content for minors, prevention of deceptive human-like interactions, and parental controls for children under 13.

Enacted US-CO

CO AI Healthcare Act

Regulates mental health companion chatbots and AI use in healthcare utilization review. Declares AI providers engage in unauthorized practice of psychotherapy if their chatbot misrepresents credentials, uses reserved professional titles, delivers unsupervised psychotherapy, or fails to disclose it is not human. Separately requires AI-driven insurance utilization review to consider individual clinical circumstances rather than solely group data.

Enacted US-VT

VT AADC

Vermont design code structured to be more litigation-resistant: focuses on data processing harms rather than content-based restrictions. AG rulemaking authority begins July 2025.

Enacted US-IL

IL HB 5511

Requires covered operators of online platforms to apply protective default settings to users they know to be minors, including limits on algorithmic feeds, a 10 p.m. to 7 a.m. notification curfew and no autoplay by default on addictive social media platforms, and establishes a device-level age-bracket signal that Internet-enabled device manufacturers must provide and operators must request. Announced by the Governor as the Children's Social Media Safety Act, the title of the bill as introduced. Enforced by the Attorney General.

Enacted US-NJ

NJ Kids Code

Codifies a New Jersey Age-Appropriate Design Code requiring covered online service providers to design services likely to be accessed by minors around minors' safety and wellbeing, including high-privacy defaults, limits on engagement-maximising design features, and data protection impact assessments. Enforced by the Attorney General with a private right of action for minors and their parents.

Last updated March 27, 2026. Verify against primary sources before relying on this information.