WASHINGTON — The U.S. Senate has passed legislation requiring mental health providers to disclose the use of artificial intelligence for transcribing therapy sessions, advancing a measure aimed at protecting patient privacy and informed consent in mental health care.
The bill, which passed the Senate on Tuesday, mandates clear disclosure to patients when AI systems are used to record or transcribe sessions and requires affirmative consent in such cases. It applies to licensed professionals providing therapy or psychotherapy services.
The legislation builds on growing concerns about the integration of AI tools in sensitive health contexts. It permits the use of AI for administrative or supplementary support, such as preparing notes, but prohibits independent therapeutic decisions or direct AI interaction with clients without human oversight.
Supporters highlighted the need for transparency as AI transcription tools become more common in clinical settings. “As technological capacity continues to grow and new tools are introduced into the mental health space, we must ensure adequate guardrails are in place,” a sponsor said in remarks aligned with similar state-level statements.
The measure draws from approaches in several states, including requirements for written, informed consent before AI-assisted transcription. It clarifies that notification alone is insufficient and emphasizes patient consent for uses involving recording or transcribing sessions.
Industry and provider groups have noted the increasing adoption of AI for efficiency in documentation while stressing the importance of maintaining professional responsibility. Some states have already enacted comparable provisions allowing AI support under strict conditions.
The bill now heads to the House of Representatives for consideration. Details on the exact scope for federal application and enforcement mechanisms remain under review as lawmakers refine the text.
This development reflects broader legislative efforts to address AI in health care. Similar bills at the state level have focused on balancing innovation with safeguards for vulnerable patients seeking mental health services. No immediate timeline for House action has been announced.
