Senator Padilla Introduces Protections from Dangerous AI Therapy Products

SACRAMENTO – Today, Senator Steve Padilla (D-San Diego) introduced Senate Bill 903, a measure designed to ensure that mental health services are safe, ethical, and conducted by trained professionals, not artificial intelligence (AI) algorithms. This bill would prohibit AI algorithms from providing or advertising “therapy” and set standards for professional’s use of AI to promote human-centered care.

Previously, Senator Padilla authored SB 243, which set first-in-the-nation safeguards against the harms of AI chatbots. Building on his leadership in AI accountability, SB 903 would continue this work in protecting vulnerable populations from the dangers of AI.

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.

“AI has many upsides, and the possibility to improve the lives of Californians across the state; but only if we ensure it is used responsibly,” said Senator Padilla. “AI algorithms are not fit to take over the job of human therapists, who have skills and training that AI is incapable of replicating. We must act and place guardrails that prevent AI algorithms from being deployed in a way that is potentially harmful to patients.”

Last year, the Illinois State Legislature passed the Wellness and Oversight for Psychological Resources Act, which established guardrails for clinicians’ use of AI in their practice and prohibited AI chatbots from providing therapy services.

SB 903would prohibit individuals or companies, including those using AI, from offering or advertising therapy or psychotherapy in California unless a licensed professional is responsible for the care. This bill would also allow licensed professionals to use AI only for limited administrative or supplementary support, require clear written 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 Department of Consumer Affairs to investigate violations and impose civil penalties of up to $10,000 per violation.

SB 903 is co-sponsored by the California Psychological Association, the California Association of Marriage and Family Therapists, and the California Behavioral Health Association.

“As Californians increasingly encounter artificial intelligence in health care, SB 903draws a clear and necessary line,” said Scott Parker, Executive Director of the California Psychological Association. “The Wellness and Oversight for Psychological Resources Act ensures that mental health care remains grounded in human clinical judgment, ethical responsibility, and accountability. While AI can be a helpful tool, decisions that affect a person’s emotional wellbeing must remain in the hands of licensed professionals who are trained, regulated, and responsible for patient care.”

“As artificial intelligence becomes more integrated into health care, we must ensure innovation never outpaces ethics, safety, or human accountability,” said Le Ondra Clark Harvey, CEO of the California Behavioral Health Association. “Senator Padilla’s bill strikes the right balance by protecting consumers while allowing technology to support—rather than replace—the trusted relationship between a licensed clinician and their client. Californians seeking mental health care deserve transparency, informed consent, and the assurance that clinical decisions are being made by qualified professionals, not algorithms. CBHA is proud to support this legislation as a necessary safeguard for dignity, privacy, and quality of care in the digital age.”

Senator Padilla’s Senate Bill 243, the first-of-its-kind law in the nation, requires chatbot operators to implement critical, reasonable, and attainable safeguards around interactions with AI chatbots and provide families with a private right to pursue legal actions against noncompliant and negligent developers. At the time Governor Newsom signed SB 243, he urged the tech industry and child advocates to continue negotiations to strengthen and improve upon that measure.

Already this year, several measures to advance and strengthen SB 243 have been introduced including Senator Padilla’s Senate Bill 300 to:

• Bring age verification protocol in line with California’s landmark law, requiring chatbot operators to adhere to a stricter standard
• Require operators to prevent chatbots from producing or facilitating the exchange of any sexually explicit material or proposing any sexually explicit content in interactions with minors

Senator Padilla also introduced Senate Bill 867, a 4-year moratorium on the sale and manufacture of toys with AI chatbots embedded in them, the first-in-the-nation, to allow safety regulations to be developed to ensure children’s safety.

To learn more about Senator Padilla’s continued efforts to create common sense regulations around AI chatbots, click here and here.

SB 903 will be heard in the Senate in the coming months.

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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/