California Senate Bill 903 targets AI chatbot advertising and clinical use

California Senate Bill 903, authored by Senator Steve Padilla, aims to regulate the use of artificial intelligence in mental health services. The legislation does not outlaw AI tools but prohibits companies from advertising chatbots as providing therapy or psychotherapy unless a licensed professional is responsible for the care.

Under the proposed rules, AI systems would be barred from independently interacting with clients, making therapeutic decisions, detecting emotions, or generating treatment plans without human oversight. Licensed clinicians would be permitted to use AI only for limited administrative or supplementary support. Furthermore, providers would be required to obtain explicit patient consent and provide written disclosure before using AI to record sessions or triage care.

Supporters, including the National Union of Healthcare Workers, argue the bill provides necessary guardrails to prevent harm, noting that AI cannot replicate the skills of human therapists. Conversely, critics such as the industry group TechNet argue the bill could create a "clinician bottleneck" and stifle tools that help patients access care more quickly during existing behavioral healthcare shortages.