California Legislature Moves to Ban Dangerous AI Therapy Bots
SACRAMENTO – Today, the California Legislature passed Senate Bill 903 by Senator Steve Padilla (D-San Diego), a measure designed to ensure that mental health services are safe, ethical, and conducted by trained professionals, not artificial intelligence (AI) algorithms. The bill would prohibit AI algorithms from providing or advertising “therapy” and set standards for professionals’ use of AI to promote human-centered care.
Finding a therapist during a shortage of mental health providers can be challenging and nearly one-third of California’s residents live in an area with an insufficient ratio of providers to patients. A growing number of people have started turning to AI chatbots for mental health services. According to a report by Harvard Business Review, therapy and companionship are some of the most popular use cases for ChatGPT this year. Seeing this demand, companies have begun to advertise and offer “AI Therapists” such as Therabot, Wysa, TherapyAI, TherapistGPT, and Abby-Your AI Therapist.
According to clinicians, chatbot therapists pose data and privacy concerns, have a limited understanding of client backgrounds, can cause client over-reliance on chatbots, give incorrect treatment recommendations, and have an inability to detect subtle communication cues, such as tone and eye contact. Additionally, a recent survey conducted by the American Psychiatric Association found that a majority (80%) of members are “very or moderately concerned that mental health professionals don’t have adequate training in AI.”
“As technological capacity continues to grow and new tools are introduced into the mental health space, we must ensure adequate guardrails are in place to maintain a human centered approach and keep safety and ethical considerations at the forefront,” said Senator Padilla. “SB 903 draws a clear line: AI can be a tool in the hands of licensed professionals, but it cannot be the professional itself.”
SB 903 would protect individuals seeking therapy or psychotherapy services by ensuring those services are provided only by qualified, licensed professionals. This bill would prohibit individuals or companies, including those using AI, from offering or advertising therapy or psychotherapy in California if the services are provided by a companion chatbot.
SB 903 would also allow licensed professionals to use AI only for limited administrative or supplementary support, require clear disclosure and affirmative consent before using AI to record or transcribe therapy sessions, and prohibit AI from independently interacting with clients, making therapeutic decisions, detecting emotions, or generating treatment plans without professional review. Additionally, the bill would require confidentiality of therapy records and authorize the appropriate licensing board to enforce the provisions.
SB 903 is co-sponsored by the California Psychological Association, the California Association of Marriage and Family Therapists, the California Behavioral Health Association, and the National Union of Healthcare Workers.
“SB 903 demonstrates that California can embrace responsible innovation while establishing thoughtful safeguards to protect consumers,” said Le Ondra Clark Harvey, Ph.D., CEO of the California Behavioral Health Association. “By creating clear standards for technology and new models of support, the bill strikes the right balance between consumer protection and expanding access to tools that complement trained behavioral health professionals like the thousands CBHA member agencies employ. We are proud to sponsor SB 903, applaud the Legislature for advancing this balanced approach, and urge Governor Newson to sign it into law”
“SB 903 establishes what every high-stakes use of AI requires: meaningful human oversight,” said Ben Eichert, Director of Public Policy for the National Union of Healthcare Workers. “It protects patients from unregulated technology and ensures the foundation of care remains a trained therapist’s judgment, not an algorithm’s output.”
“Californians are increasingly turning to AI for mental health support, but a chatbot cannot provide the clinical judgment, accountability, and human connection that psychotherapy requires,” said Scott Parker, Chief Executive Officer of the California Psychological Association. “SB 903 establishes clear guardrails to ensure AI supports licensed professionals rather than replacing them. We thank Senator Padilla and the Assembly for advancing these important protections for Californians.”
“When a client seeks therapy, they are putting their trust in the human on the other side of that conversation; not in a technology which can fail to recognize emotional cues, exacerbate psychotic episodes, or simply provide validation versus providing true therapeutic guidance,” said Joy Alafia, Executive Director of the California Association of Marriage and Family Therapists. “Californians deserve reasonable AI standards where AI can complement, not replace, the training, ethics, and the protections that come with a licensed and regulated clinician.”
SB 903 passed the Senate unanimously and the Assembly with bipartisan support by a vote of 71 to 4. The bill now heads to Governor Newsom’s desk for his signature.
To learn more about Senator Padilla’s continued efforts to create common sense regulations around AI chatbots, click here and here.
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Steve Padilla represents the 18th Senate District, which includes the communities of Chula Vista, the Coachella Valley, Imperial Beach, the Imperial Valley, National City, and San Diego. Prior to his election to the Senate in 2022, Senator Padilla was the first person of color ever elected to city office in Chula Vista, the first Latino Mayor, and the first openly LGBT person to serve or be elected to city office. Website of Senator Steve Padilla: https://sd18.senate.ca.gov/