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 LegislatureWhy 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
Harms addressed
Requires
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
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
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.
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.
CO AI Psychotherapy Restrictions
Prohibits licensed mental health professionals from using AI to detect emotions, generate treatment plans without clinician review, or directly interact with clients therapeutically. Allows AI for administrative support with consent.
CO HB 1263
Imposes obligations on conversational AI service operators including minor-user protections, suicide and self-harm protocols, prohibition on emotional dependence and engagement gamification, and annual safeguard reporting.
MO AI Mental Health Prohibition
Prohibits any individual or entity that develops or deploys AI from advertising or representing that the AI is or is able to act as a mental health professional or is capable of providing therapy services. Violations treated as unlawful practice under the Missouri Merchandising Practices Act.
CA SB 867
Proposes a 4-year moratorium on the sale and manufacturing of toys with AI chatbot capabilities for children under 12. During the moratorium, a task force would develop safety standards with input from technologists, parents, and ethicists.
Last updated March 27, 2026. Verify against primary sources before relying on this information.