POLICY
California wants AI out of the therapist’s chair
California Senator Steve Padilla wants AI out of mental healthcare…mostly.
Padilla authored a bill that would limit the use of AI in psychotherapy. SB 903 has a few moving parts. But in short, it would keep AI behind the scenes handling admin work, never in the therapist’s chair.
The tricky part is that these guardrails are arriving after many users have already turned to AI for support. One in eight adolescents and young adults log on for companionship and mental health advice. After all, chatbots don’t need insurance and are available 24/7.
The problem here – aside from bots not being therapists – is that companies are rewarded for building stickiness into their business model. This makes users much more susceptible to emotional dependence.
Hence, a little government intervention.
Where California draws the line:
Advertising: Restrictions around marketing AI chatbots as therapists.
Clinician review: Licensed professionals must review and approve any AI recommendations.
Disclosure: Patients must consent to using AI to record sessions or triage mental health needs.
The gray area
Even administrative AI can have clinical consequences.
The National Union of Healthcare Workers filed a complaint against Kaiser Permanente over an e-visit tool that automatically routes patients toward care without real-time clinician review. Kaiser says the tool doesn’t diagnose patients. But the union claims that using AI to screen patients can blur the line between administration and clinical judgment.
Turns out, triage shapes treatment.
The chatbot doctor will see you now. - TL