Tennessee Joins States Regulating Use of AI in Mental Health
Tennessee has joined an increasing number of states specifically regulating use of AI in the mental healthcare space. In particular, Tennessee recently enacted Senate Bill 1580 (the “Bill”), which provides that a person who develops or deploys AI in the mental healthcare space may not advertise or represent to the public that the AI is or is able to act as a qualified mental health professional .[1] Failure to comply with the Bill carries serious risks, with the Bill specifying that violations constitute deceptive trade practices under the Tennessee Consumer Protection Act and authorizing civil penalties up to $5,000 per violation.[2] The Bill is significantly abbreviated when compared to legislation in other states, such as Illinois,[3] Nevada,[4] and Utah.[5] For example, Nevada prohibits the advertisement of AI as being capable of providing professional mental or behavioral health care, and a chatbot or other avatar from providing such care.[6] Similarly, Utah requires that mental ...