Tennessee has joined an increasing number of states specifically regulating use of AI in the mental healthcare space. In particular, Tennessee recently enacted Senate Bill 1580 (the “Bill”), which provides that a person who develops or deploys AI in the mental healthcare space may not advertise or represent to the public that the AI is or is able to act as a qualified mental health professional.[1] Failure to comply with the Bill carries serious risks, with the Bill specifying that violations constitute deceptive trade practices under the Tennessee Consumer Protection Act and authorizing civil penalties up to $5,000 per violation.[2]
The Bill is significantly abbreviated when compared to legislation in other states, such as Illinois,[3] Nevada,[4] and Utah.[5] For example, Nevada prohibits the advertisement of AI as being capable of providing professional mental or behavioral health care, and a chatbot or other avatar from providing such care.[6] Similarly, Utah requires that mental health providers clearly and conspicuously disclose use of AI to patients prior to (and periodically after) permitting use of AI[7] and prohibits use of consumer inputs for targeted advertising.[8]
Additional states are likely to follow suit, adopting variations or perhaps novel iterations of the approaches adopted in Illinois, Nevada, Utah, and now, Tennessee.
FOOTNOTES
[1] Senate Bill 1580, Subpart (a) (codified at Tenn. Code Ann. § 33-1-205(a)).
[2] Senate Bill 1580, Subpart (b) (codified at Tenn. Code Ann. § 33-1-205(b)).
[3] House Bill 1806 (codified at Ill. Comp. Stat. 155/1, et seq.).
[4] Assembly Bill 406 (codified at Nev. Rev. Stat. §§ 406.7, 406.8).
[5] House Bill 452 (codified at Utah Code Ann. § 13-72a-101, et seq.).
[6] Assembly Bill 406, Section 7 (codified at Nev. Rev. Stat. § 406.7).
[7] House Bill 452, Section 5 (codified at Utah Code Ann. § 13-72a-203).
[8] House Bill 452, Section 4 (codified at Utah Code Ann. § 13-72a-202).