Catalog

Vermont Act 156 (H.816, AI in mental health services)

Vermont Attorney General (Consumer Protection Act); Office of Professional Regulation and Board of Medical Practice · pack 0.2.0 · verified against the official source as of 2026-10-03. Open it in the explorer.

Binding law — in force

AI tools Vermont mental health professionals use must be HIPAA-compliant (Vermont H.816)

Under 18 V.S.A. § 7115(d), the AI tools a Vermont mental health professional may use in providing mental health services are tools that comply with HIPAA (Pub. L. 104-191); FDA-authorized digital therapeutics and software as a medical device are included when prescribed or recommended by a mental health professional. Detect session notes, transcripts or other client records sent to a model API with no business-associate, HIPAA-eligible endpoint or de-identification safeguard.

vt-h816.hipaa-covered-ai-tools · 18 V.S.A. § 7115(d) · official source · jurisdictions: US-VT

The guard to add, and how far to trust this rule

Binding law — in force

No mental health services may be offered to the public through AI unless a mental health professional provides them (Vermont H.816)

18 V.S.A. § 7115(b), added by Vermont Act 156 (H.816), bars a corporation or entity from providing, advertising or otherwise offering mental health services to the public, including through AI, unless the services are provided by a mental health professional or are part of an approved IRB or privacy-board study. Mental health services are services to diagnose, treat or address mental or behavioral health through therapeutic communications and therapeutic decisions, which include reflecting a client's condition, clinical guidance, reassurance or empathy in response to distress, and treatment planning. A violation is a Consumer Protection Act violation with Attorney General and private remedies. Detect an AI cast or marketed as the therapist or counselor, or mental health services offered as delivered by AI.

vt-h816.no-ai-mental-health-services-without-professional · 18 V.S.A. § 7115(b) · official source · jurisdictions: US-VT

The guard to add, and how far to trust this rule

Binding law — in force

Vermont mental health professionals may use AI tools only if they review and approve any mental health services the AI is used for (Vermont H.816)

18 V.S.A. § 7115(d) lets a Vermont mental health professional working within scope use HIPAA-compliant AI tools, and FDA-authorized digital therapeutics they prescribe or recommend, provided the professional reviews and approves any mental health services. Engaging in a use of AI that § 7115 prohibits is unprofessional conduct (3 V.S.A. § 129a(a)(30); 26 V.S.A. § 1354(a)(3)). Detect practice software where model output reaches the client, or becomes a treatment plan or therapeutic decision, without the professional's recorded approval.

vt-h816.professional-review-of-ai-mental-health-services · 18 V.S.A. § 7115(d) · official source · jurisdictions: US-VT

The guard to add, and how far to trust this rule