Therapeutic Communication
Any interaction in a clinical setting intended to diagnose, treat, or address mental, emotional, or behavioral health concerns.
How the laws define this
Core concepts shared across these instruments center on direct interactions with individuals or clients designed to address, treat, or facilitate psychological, emotional, or mental health concerns and healing within a clinical or professional setting. Where these instruments diverge most significantly is in their scope and specific regulatory details. Both An Act to Regulate the Use of Artificial Intelligence in Providing Certain Mental Health Services and the Wellness and Oversight for Psychological Resources Act broadly define communication to include verbal, nonverbal, and written forms, explicitly covering guidance and emotional support. In contrast, PSYCHOTHERAPY ARTIFICIAL INTELLIGENCE RESTRICTIONS takes a narrower approach, focusing on direct client interaction intended to facilitate healing and growth within a professional psychotherapy context without enumerating specific communication mediums. Furthermore, the Wellness and Oversight for Psychological Resources Act stands apart by including an explicit restriction that prohibits artificial intelligence from engaging in therapeutic communication independently.
Synthesised from the 3 statutory definitions below. Each one is quoted in full, with its source.
How jurisdictions differ
What is distinctive in each definition, binding law in force first.
| Jurisdiction | Instrument | Status | What is distinctive |
|---|---|---|---|
| Maine, United States | An Act to Regulate the Use of Artificial Intelligence in Providing Certain Mental Health Services | In Force | Adds collaborative goal-setting and behavioral feedback to the core interactions, while explicitly including verbal, nonverbal, and written forms. |
| Colorado, United States | Concerning restrictions on the use of artificial intelligence relating to psychotherapy services. | In Force | Limits the term to direct interaction within a professional psychotherapy context, focused on facilitating psychological or emotional healing and growth. |
| Illinois, United States | Wellness and Oversight for Psychological Resources Act | In Force | Explicitly prohibits AI from engaging in therapeutic communication independently, while mirroring the core scope of interactions. |
What it triggers
- In Maine, mental health providers are prohibited from using AI for independent clinical therapeutic decisions or unreviewed client interactions.source
- In Colorado, mental health providers are prohibited from using artificial intelligence for direct therapeutic communication or unsupervised treatment.source
- Under the Wellness and Oversight for Psychological Resources Act, AI is prohibited from engaging in therapeutic communication independently.source
- In Illinois, the law bars unlicensed entities and AI from providing direct therapeutic care.source
Definitions (3)
Therapeutic communication includes any verbal, nonverbal, or written interaction in a clinical setting intended to diagnose, treat, or address an individual's mental, emotional, or behavioral health concerns. This encompasses direct interactions, guidance, emotional support, collaborative goal-setting, and behavioral feedback.
Direct interaction with clients in a manner intended to facilitate psychological or emotional healing and growth within a professional psychotherapy context.
Any interaction, verbal, non-verbal, or written, in a clinical setting intended to diagnose, treat, or address mental health concerns. This explicitly includes direct client interactions and the provision of guidance or emotional support, and AI is prohibited from engaging in it independently.
Questions and answers
What AI uses are banned under therapeutic communication rules?
Mental health providers cannot use AI for independent clinical therapeutic decisions or unreviewed client interactions in Maine. In Colorado, AI is prohibited for direct therapeutic communication or unsupervised treatment. The Illinois Act bars AI from engaging in it independently.
Does therapeutic communication include nonverbal or written interactions?
Maine and Illinois definitions explicitly include verbal, nonverbal, or written interactions in a clinical setting. Colorado focuses on direct interaction without specifying modes.
What supervision is required for AI in therapeutic communication?
Maine allows AI for supplementary support under licensed supervision. Colorado mentions human oversight and informed consent. Illinois requires human oversight for any AI involvement.