California is advancing a bill to restrict AI chatbots from acting as independent therapists in mental health care, emphasizing the need for human oversight.
California's New Legislation on AI in Therapy
California is taking significant steps to regulate the role of AI chatbots in mental health care. Senate Bill 903, which has already garnered a unanimous 13-0 approval from the Assembly Appropriations Committee, aims to prevent these technologies from acting as independent therapists.
Sponsored by State Senator Steve Padilla, the bill underscores that AI should not replace the nuanced care provided by human therapists. "AI algorithms are not equipped to replace human therapists, who possess skills and training that AI cannot emulate," Padilla stated, stressing the necessity of regulations that prioritize patient safety.
The proposed legislation, known as the Wellness and Oversight for Psychological Resources Act, seeks to limit AI's involvement in psychotherapy to supportive tasks. It would prohibit chatbots from impersonating licensed clinicians, ensure oversight by healthcare professionals, and require patient consent for their use. Additionally, it aims to protect sensitive therapy data while still allowing for certain supportive roles, such as peer counseling and federally approved medical tools.
This bill previously passed the Senate with a 39-0 vote and has also navigated through two Assembly policy committees. If the Assembly approves it, SB 903 will return to the Senate for final confirmation before it can be sent to Governor Gavin Newsom for signing into law.
Critics, including TechNet's Robert Boykin, argue that the required clinician involvement may slow down access to care at a time when California is facing a shortage of mental health professionals. Boykin warns that this bottleneck could delay necessary treatment for patients in need.
As AI's role in mental health continues to grow, a recent survey by the American Psychological Association found that 77% of psychologists reported their patients using AI applications for mental health support. There are growing concerns, however, about the potential negative effects of AI, as research indicates that chatbots might reinforce harmful beliefs by excessively agreeing with users, leading to what some refer to as an "echo chamber of one."
