wa-law.org > bill > 2025-26 > HB 2599 > Original Bill
The legislature finds that artificial intelligence systems are increasingly deployed to provide mental and behavioral health services to Washington residents, including vulnerable populations such as minors and individuals in crisis. These artificial intelligence systems pose significant risks when deployed without appropriate human oversight, clinical validation, and regulatory safeguards.
Artificial intelligence systems cannot replicate the clinical judgment, ethical obligations, and therapeutic relationship essential to licensed mental health practice. Consumers are often unaware when interacting with artificial intelligence rather than licensed professionals. Artificial intelligence companies have used protected professional titles and clinical terminology, misleading consumers about system qualifications and capabilities. Minors and vulnerable populations are particularly susceptible to harm from unregulated artificial intelligence mental health tools.
The legislature intends to prohibit artificial intelligence systems from independently providing mental or behavioral health services while preserving appropriate use of artificial intelligence as an assistive tool by licensed professionals under direct supervision.
A licensed professional may not use artificial intelligence in such a way that allows it to do any of the following:
Make independent therapeutic decisions;
Directly interact with clients in any form of therapeutic communication;
Generate therapeutic recommendations or treatment plans without review and approval by the licensed professional; or
Detect emotions or mental states of clients.
A licensed professional may not use artificial intelligence to assist in providing supplementary support in therapy or psychotherapy where the client's therapeutic session is recorded or transcribed unless:
The patient or the patient's legally authorized representative is informed in writing of the following: (i) That artificial intelligence will be used; and (ii) the specific purpose of the artificial intelligence tool or system that will be used; and
The patient or the patient's legally authorized representative provides consent to the permitted use of artificial intelligence.
A licensed professional who violates subsection (1) or (2) of this section is subject to discipline pursuant to this chapter, the uniform disciplinary act.
For purposes of this section, the following definitions apply:
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"Administrative support" means tasks performed to assist a licensed professional in the delivery of therapy or psychotherapy services that do not involve communication.
"Administrative support" includes, but is not limited to, the following:
(A) Managing appointment scheduling and reminders;
(B) Processing billing and insurance claims; and
(C) Drafting general communications related to therapy logistics that do not include therapeutic advice.
b. "Artificial intelligence" means the use of machine learning and related technologies that use data to train statistical models for the purpose of enabling computer systems to perform tasks normally associated with human intelligence or perception, such as computer vision, speech or natural language processing, and content generation.
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i. "Consent" means a clear, explicit affirmative act by an individual that: (A) Unambiguously communicates the individual's express, freely given, informed, voluntary, specific, and unambiguous written agreement, including a written agreement provided by electronic means; and (B) is revocable by the individual.
ii. "Consent" does not include an agreement that is obtained by the following: (A) The acceptance of a general or broad terms of use agreement or a similar document that contains descriptions of artificial intelligence along with other unrelated information; (B) an individual hovering over, muting, pausing, or closing a given piece of digital content; or (C) an agreement obtained through the use of deceptive actions.
d. "Licensed professional" means an individual who holds a valid license in Washington to provide therapy or psychotherapy services, including a psychologist licensed under chapter 18.83 RCW, a clinical social worker, mental health counselor, or marriage and family therapist licensed under chapter 18.225 RCW, a substance use disorder professional certified under chapter 18.205 RCW, a psychiatrist licensed under chapter 18.57 or 18.71 RCW, a psychiatric nurse or psychiatric advanced practice registered nurse licensed under chapter 18.79 RCW, a music therapist licensed under chapter 18.233 RCW, or equivalent.
e. "Permitted use of artificial intelligence" means the use of artificial intelligence tools or systems by a licensed professional to assist in providing administrative support or supplementary support in therapy or psychotherapy services where the licensed professional maintains full responsibility for all interactions, outputs, and data use associated with the system and satisfies the requirements of subsections (1) and (2) of this section.
f. "Practice of peer support services" has the same meaning as in RCW 18.420.010.
g. "Religious counseling" means counseling provided by clergy members, pastoral counselors, or other religious leaders acting within the scope of their religious duties if the services are explicitly faith-based and are not represented as clinical mental health services or therapy or psychotherapy services.
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i. "Supplementary support" means tasks performed to assist a licensed professional in the delivery of therapy or psychotherapy services that do not involve therapeutic communication and that are not administrative support.
ii. "Supplementary support" includes, but is not limited to, the following: (A) Preparing and maintaining client records, including therapy notes; (B) analyzing anonymized data to track client progress or identify trends, subject to review by a licensed professional; and (C) identifying and organizing external resources or referrals for client use.
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i. "Therapeutic communication" means any verbal, nonverbal, or written interaction conducted in a clinical or professional setting that is intended to diagnose, treat, or manage an individual's mental, emotional, or behavioral health concerns.
ii. "Therapeutic communication" includes, but is not limited to: (A) Direct interactions with clients for the purpose of understanding or reflecting their thoughts, emotions, or experiences; (B) providing guidance, therapeutic strategies, or interventions designed to achieve mental health outcomes; (C) offering emotional support, reassurance, or empathy in response to psychological or emotional distress; (D) collaborating with clients to develop or modify therapeutic goals or treatment plans; and (E) offering behavioral feedback intended to promote psychological growth or address mental health conditions.
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i. "Therapy or psychotherapy services" means services provided to diagnose, treat, or improve an individual's mental health or behavioral health.
ii. "Therapy or psychotherapy services" does not include religious counseling, the practice of peer support services, or self-help materials and educational resources that are available to the public and do not purport to offer therapy or psychotherapy services.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
"Artificial intelligence" means the use of machine learning and related technologies that use data to train statistical models for the purpose of enabling computer systems to perform tasks normally associated with human intelligence or perception, such as computer vision, speech or natural language processing, and content generation.
"Licensed professional" means an individual who holds a valid license in Washington to provide therapy or psychotherapy services, including a psychologist licensed under chapter 18.83 RCW, a clinical social worker, mental health counselor, or marriage and family therapist licensed under chapter 18.225 RCW, a substance use disorder professional certified under chapter 18.205 RCW, a psychiatrist licensed under chapter 18.57 or 18.71 RCW, a psychiatric nurse or psychiatric advanced practice registered nurse licensed under chapter 18.79 RCW, a music therapist licensed under chapter 18.233 RCW, or equivalent.
"Practice of peer support services" has the same meaning as in RCW 18.420.010.
"Religious counseling" means counseling provided by clergy members, pastoral counselors, or other religious leaders acting within the scope of their religious duties if the services are explicitly faith-based and are not represented as clinical mental health services or therapy or psychotherapy services.
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"Therapy or psychotherapy services" means services provided to diagnose, treat, or improve an individual's mental health or behavioral health.
"Therapy or psychotherapy services" does not include religious counseling, the practice of peer support services, or self-help materials and educational resources that are available to the public and do not purport to offer therapy or psychotherapy services.
An individual, corporation, or entity may not provide, advertise, or otherwise offer therapy or psychotherapy services, including through the use of internet-based artificial intelligence, to the public in Washington unless the therapy or psychotherapy services are conducted by an individual who is a licensed professional.
The legislature finds that the practices covered by this chapter are matters vitally affecting the public interest for the purpose of applying the consumer protection act, chapter 19.86 RCW. A violation of this chapter is not reasonable in relation to the development and preservation of business and is an unfair or deceptive act in trade or commerce and an unfair method of competition for the purpose of applying the consumer protection act, chapter 19.86 RCW.
If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.