SB 269 Virginia Senate · 2026 Regular Session

Mental health service providers; definitions, use of artificial intelligence system, civil penalty.

Summary

Use of artificial intelligence system by mental health service providers; civil penalty. Permits the use of an artificial intelligence system by mental health service providers to assist in providing therapy or counseling services if such mental health service provider maintains full responsibility for all interactions, outputs, and data use associated with the system. The bill prohibits the use of an artificial intelligence system to provide therapy or counseling services without a mental health service provider. The bill specifies that records kept by mental health service providers must comply with health records privacy requirements; creates an exception for religious counseling, peer support, or self-help materials and educational resources; and establishes a civil penalty not to exceed $10,000 for violations of the statute.

Issues: ✓ Healthcare ✗ Technology

Bill status passed 3 of 5 stages cleared

Introduction

Jan 2026

Committee Review

Feb 2026

Senate Passage

Feb 2026

House of Delegates Passage

Governor

Introduced Jan 12, 2026 Last action Mar 2, 2026

Maddy AI version diff · 1 comparison

What changed between versions

Introduced → General Laws and Technology Substitute · 4 edits

MODERATE

The bill was amended from a standard introduction to a committee substitute version, which significantly streamlined the rules for using AI in mental health care. The primary change removes the strict requirement for written consent when AI is used for administrative tasks, allowing providers to use AI more freely for non-clinical support. Additionally, the definition of 'therapeutic communication' was broadened to explicitly include interactions involving suicidal or violent ideations, and the prohibition on AI was tightened to ban it from diagnosing or implementing treatment plans without human oversight.

Scope change

The bill's scope regarding AI usage was expanded for administrative tasks by removing the mandatory written consent requirement, while the restrictions on direct therapeutic interaction were clarified and strengthened.

REQUIREMENT

Removed the requirement for patients to provide written consent before a provider uses AI for administrative support (like scheduling or billing), whereas the original bill required this consent.

Strengthened the prohibition on AI by adding that it cannot diagnose or implement treatment plans without human review, in addition to banning independent decisions and direct client interaction.

DEFINITION

Expanded the definition of 'therapeutic communication' to explicitly include interactions involving suicidal or violent ideations, ensuring these high-risk moments are covered under the ban on AI interaction.

Removed the specific exclusion for 'supplementary support' (tasks like preparing therapy notes) from the AI usage allowance, simplifying the rules to focus only on administrative support versus direct therapy.

Floor votes · Senate Jan 30, 2026

How they voted

37–0

Passed · 2 other

Total votes 39

Jan 30, 2026

D Democratic20

20 Yea

100% Yea

R Republican19

17 Yea 2

89% Yea

Vote distribution

All Yea All Nay Mixed No data

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Feb 6, 2026

Committee

Referred to Committee on Communications, Technology and Innovation

lower

Feb 3, 2026

Upper · Passed

Read third time and passed Senate (39-Y 0-N 0-A)

upper

Jan 30, 2026

Upper · Passed

Passed by for the day Block Vote (Voice Vote)

upper

Jan 28, 2026

Upper · Passed

Reported from General Laws and Technology with substitute (15-Y 0-N)

upper

Jan 28, 2026

Upper · Passed

Senate committee offered

upper

Jan 12, 2026

Committee

Referred to Committee on General Laws and Technology

upper

1 primary · 0 co-sponsors