South Carolina 2025-2026 Regular Session

South Carolina Senate Bill S0788

Introduced
1/13/26  
Refer
1/13/26  
Engrossed
4/29/26  

Caption

Artificial Intelligence and Therapy or Psychotherapy

Impact

This legislation has the potential to significantly impact the landscape of mental health services in South Carolina. By regulating the use of AI in therapy, the bill aims to ensure that patient privacy and consent are prioritized. The requirement for informed consent emphasizes ethical responsibility in mental health practices, ultimately enhancing trust between patients and professionals. Furthermore, the provisions require licensed professionals to maintain full control over therapeutic decisions and communications, effectively limiting the role of AI to administrative support functions only.

Summary

Bill S0788 seeks to amend the South Carolina Code by adding provisions that govern the use of artificial intelligence (AI) within the context of therapy and psychotherapy services. Specifically, it delineates that licensed professionals are prohibited from using AI in situations where therapy sessions are recorded unless clients are informed and give their consent for such use. The bill establishes strict definitions around what constitutes AI and therapeutic communications, ensuring that the human element remains central to therapeutic interactions and that the autonomy of licensed professionals is preserved.

Sentiment

The sentiment surrounding Bill S0788 is largely supportive among mental health professionals and advocates for ethical standards in therapy. Proponents argue that the bill is a necessary step to safeguard client interests and to ensure that therapeutic processes remain human-centric. However, there are some concerns raised about the potential limitations this bill might place on innovative practices in mental health care, as technology continues to evolve. Critics fear that excessive regulations could hinder the incorporation of beneficial AI applications that could augment therapeutic techniques.

Contention

A notable point of contention within discussions surrounding S0788 is the balance between embracing technological advancements in therapy and ensuring that ethical standards are met. While the bill aims to protect clients and uphold professional integrity, some stakeholders argue that overly stringent regulations might stifle innovation and the ability to leverage AI for improved therapeutic outcomes. Additionally, discussions about defining the level of responsibility that licensed professionals must assume when working with AI remain an ongoing debate, highlighting the complexities of integrating modern technology into established therapeutic practices.

Companion Bills

No companion bills found.

Previously Filed As

SC HB1144

Restrict the use of artificial intelligence in therapy and psychotherapy services and to provide a penalty therefor.

SC HB1195

Psychotherapy Artificial Intelligence Restrictions

SC SF4280

Use regulation of artificial intelligence in psychotherapy services

SC HF3893

Use of artificial intelligence in psychotherapy services regulated, and civil penalties provided.

SC HB525

Regards use of artificial intelligence in therapy services

SC HB1993

Providing for the use of artificial intelligence in mental health therapy and for enforcement.

SC S08484

Regulates the use of artificial intelligence in the provision of therapy or psychotherapy services by prohibiting the use of artificial intelligence to assist in providing supplementary support where the session is recorded or transcribed unless the patient is informed of the specific purpose of such use and consents of such use; establishes penalties for violations of such provisions; excludes religious counseling, peer-support, and self-help materials and educational resources from such provisions.

SC A09106

Regulates the use of artificial intelligence in the provision of therapy or psychotherapy services by prohibiting the use of artificial intelligence to assist in providing supplementary support where the session is recorded or transcribed unless the patient is informed of the specific purpose of such use and consents of such use; establishes penalties for violations of such provisions; excludes religious counseling, peer-support, and self-help materials and educational resources from such provisions.

SC HB1139

Use of Artificial Intelligence in Health Care

SC SB903

Mental health professionals: artificial intelligence.

Similar Bills

CA SB903

Mental health professionals: artificial intelligence.

IL HB1806

THERAPY RESOURCES OVERSIGHT

CO HB1195

Psychotherapy Artificial Intelligence Restrictions

ME LD2082

An Act to Regulate the Use of Artificial Intelligence in Providing Certain Mental Health Services

RI S2197

Establishes regulations regarding the use of artificial intelligence in mental health care treatments.

RI H7349

Establishes regulations regarding the use of artificial intelligence in mental health care treatments.

RI H8242

Establishes an oversight process which would safeguard individuals seeking therapy or psychotherapy services by ensuring that the services are delivered by qualified, licensed, or certified professionals.

KY HB455

AN ACT relating to artificial intelligence and declaring an emergency.