California State Senate Approves Legislation to Protect Against Dangerous AI Therapy Products
SACRAMENTO – Today, the California State Senate passed Senate Bill 903 by Senator Steve Padilla, 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.
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 keeps patients seeking mental health treatment safe by prohibiting the advertisement or offering of psychotherapy services if they are not conducted by a licensed professional and setting clear legal guardrails protecting mental health care from unregulated artificial intelligence use emphasizing disclosure, consent, human-in-the-loop, and data privacy assurances.
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 is an important step toward ensuring that artificial intelligence in mental health is used responsibly, ethically, and with appropriate human oversight,” said Scott Parker, CEO of the California Psychological Association. “As AI becomes increasingly integrated into health care, Californians deserve safeguards that protect consumers, preserve clinical judgment, and ensure that technology enhances, rather than replaces, the therapeutic relationship. We thank Senator Padilla and the Senate for recognizing the importance of thoughtful standards and accountability in this rapidly evolving area.”
“903 recognizes that AI is part of our lives now and works to provide guardrails on the use of AI in an ethical, responsible and clinically appropriate manner,” said Joy Alafia, the Executive Director of the California Association of Marriage and Family Therapists. “ SB 903 is also intended to protect Californians, especially vulnerable individuals, from being misled into believing AI chatbots are qualified mental health providers and to ensure mental health therapy remains under the oversight of licensed clinicians.”
“The rapid advancement of artificial intelligence in healthcare must be matched with thoughtful safeguards that protect vulnerable Californians,” said Dr. Le Ondra Clark Harvey, CEO of the California Behavioral Health Association. “SB 903 strikes an important balance by supporting innovation while making clear that AI chatbots should never replace licensed behavioral health professionals.”
“Artificial intelligence is being implemented in our workplaces, and we’ve already seen cases where AI is recommending the wrong type of treatment for our patients," said Ilana Marcucci-Morris, an NUHW member and therapist for Kaiser Permanente in Northern California. "SB 903 would protect patients by establishing clear, reasonable standards for artificial intelligence in mental health settings.”
SB 903 passed the Senate by a vote of bipartisan vote of 39-0. The bill now moves to the Assembly.
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/