Vermont lawmakers are considering two bills, H.814 and H.816, aimed at setting new guardrails for Artificial Intelligence in health care and mental health services. The proposals respond to concerns from medical and psychiatric groups about privacy, autonomy, transparency and misuse as Artificial Intelligence tools spread more widely across care settings.
H.814 would regulate chatbots that act as stand-ins for mental health professionals, require disclosures when generative Artificial Intelligence is being used in health care settings, and restrict how health plans use Artificial Intelligence in evaluating medical care. The bill, which has 14 sponsors, also includes provisions to protect health data when using brain-computer interfaces, which use neural signals to control devices such as robotic limbs. Patients would have to consent to share their data and be able to revoke it at any time, after which their records would be destroyed within 10 days.
The measure would also bar insurers from using Artificial Intelligence to deny, delay or modify a customer’s health care based on medical information, instead deferring to a licensed human health care provider. Additionally, Vermont’s Artificial Intelligence Advisory Council would have to report on ethical and responsible Artificial Intelligence use in health care, human services and education to lawmakers by next January. Supporters said the bill would help Vermont establish standards around a fast-moving technology, while raising concerns about therapy chatbots and their potential risks.
H.816 is designed to regulate how mental health professionals use Artificial Intelligence. It would prohibit them from advertising mental health services that use Artificial Intelligence to provide therapeutic judgement, diagnosis or treatment. Supporters of the broader effort said the goal is to prevent unlicensed or unsafe automated care from taking the place of licensed professionals in sensitive clinical contexts.
Some testimony urged a narrower approach so useful tools are not swept into the restrictions. A representative of the Vermont Medical Society said the bill’s current language could increase administrative burden and slow adoption of tools meant to reduce clinician burnout. A psychologist speaking for the Vermont Psychological Association also cautioned that chatbot restrictions could create problems for providers using products encouraged by the U.S. Food and Drug Association. Lawmakers are continuing to hear testimony on the bills and have not yet voted on either of them.
