Kentucky House advances bill limiting AI role in mental health therapy

By HPN Staff

The Kentucky House of Representatives has approved legislation that would limit how artificial intelligence can be used in mental health care, advancing a measure supporters say is aimed at preserving human-to-human interaction in therapy.

The bill, if it becomes law, would prohibit artificial intelligence systems from directly providing therapy to patients. Licensed therapists would still be allowed to use artificial intelligence tools as part of their work, but the technology could not be used to make treatment decisions, diagnoses or therapeutic plans.

Lawmakers backing the proposal said the goal is to ensure that mental health care continues to rely on human judgment and direct interaction between patients and clinicians as artificial intelligence tools become more widely used across health care.

The legislation passed the Kentucky House 88-7. 

Why it matters

Kentucky is among a growing number of states examining how artificial intelligence should be used in behavioral health services as policymakers weigh the technology’s potential benefits against patient safety concerns.

In recent years, Illinois, Nevada and several other states enacted laws prohibiting artificial intelligence systems from independently delivering mental health services. Other states have introduced or adopted similar measures aimed at regulating how the technology can be used in therapy, counseling and related behavioral health settings.

Technology developers have also begun adjusting how their systems respond to mental health-related questions. OpenAI, the developer of ChatGPT, has implemented safeguards intended to direct users seeking emotional or psychological support toward professional resources and crisis services rather than relying solely on automated responses.

The bigger picture

States have increasingly taken the lead in shaping policy around artificial intelligence as federal lawmakers continue debating national standards.

According to the National Conference of State Legislatures, lawmakers introduced more than 1,000 artificial intelligence-related bills in 2025. Early tracking suggests a similar pace of legislative activity in 2026 as policymakers consider both the opportunities and risks associated with the technology.

At the federal level, policymakers have signaled interest in establishing nationwide rules but have yet to pass comprehensive legislation governing artificial intelligence.

Late last year, President Trump signed an executive order aimed at strengthening U.S. leadership in artificial intelligence. The order criticized a state-by-state regulatory approach, warning that a “patchwork of 50 different regulatory regimes” could complicate compliance, particularly for startups, and called for working with Congress to develop a national framework.

Meanwhile, the U.S. Food and Drug Administration has been examining how artificial intelligence could be used in digital mental health tools. The agency convened its Digital Health Advisory Committee last year to explore potential benefits and risks as regulators consider best practices for oversight.

With federal action still evolving, states are continuing to pursue their own legislation, particularly in areas such as mental health protections, harm reduction and safeguards for children.