If you take it as an axiom that the licensing system for mental health professionals is there to protect patients from unqualified help posing as qualified help, then ensuring that only licensed professionals can legally practice and that they don't simply delegate their jobs to LLMs seems pretty reasonable.
Whether you want to question that axiom or whether that's what the phrasing of this legislation accomplishes is up to you to decide for yourself. Personally I think the phrasing is pretty straightforward in terms of accomplishing that goal.
Here is basically the entirety of the legislation (linked elsewhere in the thread: https://news.ycombinator.com/item?id=44893999). The whole thing with definitions and penalties is eight pages.
Section 15. Permitted use of artificial intelligence.
(a) As used in this Section, "permitted use of artificial
intelligence" means the use of artificial intelligence tools
or systems by a licensed professional to assist in providing
administrative support or supplementary support in therapy or
psychotherapy services where the licensed professional
maintains full responsibility for all interactions, outputs,
and data use associated with the system and satisfies the
requirements of subsection (b).
(b) No licensed professional shall be permitted to use
artificial intelligence to assist in providing supplementary
support in therapy or psychotherapy where the client's
therapeutic session is recorded or transcribed unless:
(1) the patient or the patient's legally authorized
representative is informed in writing of the following:
(A) that artificial intelligence will be used; and
(B) the specific purpose of the artificial
intelligence tool or system that will be used; and
(2) the patient or the patient's legally authorized
representative provides consent to the use of artificial
Section 20. Prohibition on unauthorized therapy services.
(a) An individual, corporation, or entity may not provide,
advertise, or otherwise offer therapy or psychotherapy
services, including through the use of Internet-based
artificial intelligence, to the public in this State unless
the therapy or psychotherapy services are conducted by an
individual who is a licensed professional.
(b) A licensed professional may use artificial
intelligence only to the extent the use meets the requirements
of Section 15. A licensed professional may not allow
artificial intelligence to do any of the following:
(1) make independent therapeutic decisions;
(2) directly interact with clients in any form of
therapeutic communication;
(3) generate therapeutic recommendations or treatment
plans without review and approval by the licensed
professional; or
(4) detect emotions or mental states.
Whether you want to question that axiom or whether that's what the phrasing of this legislation accomplishes is up to you to decide for yourself. Personally I think the phrasing is pretty straightforward in terms of accomplishing that goal.
Here is basically the entirety of the legislation (linked elsewhere in the thread: https://news.ycombinator.com/item?id=44893999). The whole thing with definitions and penalties is eight pages.
Section 15. Permitted use of artificial intelligence.
(a) As used in this Section, "permitted use of artificial intelligence" means the use of artificial intelligence tools or systems by a licensed professional to assist in providing administrative support or supplementary support in therapy or psychotherapy services where the licensed professional maintains full responsibility for all interactions, outputs, and data use associated with the system and satisfies the requirements of subsection (b).
(b) No licensed professional shall be permitted to use artificial intelligence to assist in providing supplementary support in therapy or psychotherapy where the client's therapeutic session is recorded or transcribed unless: (1) the patient or the patient's legally authorized representative is informed in writing of the following: (A) that artificial intelligence will be used; and (B) the specific purpose of the artificial intelligence tool or system that will be used; and (2) the patient or the patient's legally authorized representative provides consent to the use of artificial
Section 20. Prohibition on unauthorized therapy services.
(a) An individual, corporation, or entity may not provide, advertise, or otherwise offer therapy or psychotherapy services, including through the use of Internet-based artificial intelligence, to the public in this State unless the therapy or psychotherapy services are conducted by an individual who is a licensed professional.
(b) A licensed professional may use artificial intelligence only to the extent the use meets the requirements of Section 15. A licensed professional may not allow artificial intelligence to do any of the following: (1) make independent therapeutic decisions; (2) directly interact with clients in any form of therapeutic communication; (3) generate therapeutic recommendations or treatment plans without review and approval by the licensed professional; or (4) detect emotions or mental states.