Governor Newsom Allows Dangerous Chatbots to Provide Therapy
SACRAMENTO – Today, Senator Steve Padilla (D San Diego) issued the following statement after California Governor Gavin Newsom vetoed 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. The bill would have prohibited AI algorithms from providing or advertising “therapy” and set standards for professional’s use of AI to promote human-centered care.
“Earlier this month, I stood alongside Governor Newsom and other leaders as he signed the nation’s strongest protections for children interacting with chatbots into law, which is what makes this so much more disappointing,” said Senator Padilla. “The Governor’s veto message claims the protections for patients and clinicians in this bill go too far, but Governor Newsom knows all too well the dangers chatbots pose to vulnerable Californians, and despite that knowledge, has allowed unlicensed algorithms to act as therapists."
Senate Bill 903 would have banned companies from advertising their chatbot products as “therapy”, protecting mental health patients, following the several states that have already taken action to protect people seeking mental health services and banned AI therapy.
Recently, thousands of licensed mental health professionals have signed a letter (attached) urging Governor Gavin Newsom to sign SB 903. This comes on the heels of the Trump administration moving to integrate AI agents that offer therapy and prescribe medicine into Medicare, with tech companies positioned to profit from the rollout.
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.”
SB 903 would have protected individuals seeking therapy or psychotherapy services by ensuring those services are provided only by qualified, licensed professionals. The bill would have prohibited 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 have allowed 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, tit would have required confidentiality of therapy records and authorize the appropriate licensing board to enforce the provisions.
SB 903 passed the Senate unanimously and the Assembly with bipartisan support by a vote of 71 to 4.
Senator Padilla is the author of several AI regulations including: the first-in-the-nation guardrails around chatbots, the first-in-the-nation AI toy moratorium, and Adam’s Law, the nation’s strongest protections for children interacting with chatbots.
Senator Padilla plans to reintroduce legislation in the coming legislative session to ban dangerous and unlicensed chatbots from providing therapy.
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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/