Ethical Considerations for the Use of AI in Mental Health Care
Fulfills requirement: Ethics
Ready or not, artificial intelligence (AI) is being used more and more frequently in mental health practice – from assisting in screening and diagnosis to helping with training to supporting psychotherapy and counseling to providing administrative support with scheduling and documentation. Although the latest AI tools offer exciting opportunities, they also raise critical issues of privacy, safety, and fairness. There is a growing consensus that this new technology must be used ethically with clinical oversight so that it enhances human judgment, does not replace genuine therapeutic relationships, and, most importantly, does no harm to clients, the public, or the profession.
In this rapidly changing landscape, clinicians who utilize AI are obligated to remain up-to-date on the relevant guidelines from their professional organizations and monitor their state licensing board for updates on legal standards. This course summarizes current guidelines and regulations for the use of AI in mental health. First, it will describe how specific professional organizations have already weighed in on AI use. Next, the course will shift attention to laws and regulations that affect clinicians on a federal and state level. Finally, it will review how AI in mental health is regulated on an international scale through the United Nations (UN) and the World Health Organization (WHO). Learning will be reinforced through case examples and key take aways. Course materials are presented in written and audio formats.
Educational Objectives
This course will teach the participant to
- Describe the professional regulations for AI in mental health as set forth by the American Psychological Association, American Counseling Association, and National Association of Social Workers.
- Discuss the legal regulations of AI in mental health as set forth by HIPAA and an increasing number of states.
Syllabus
Professional Organizations’ Guidelines for AI in Mental Health
- American Psychological Association – Ethical Guidance for AI in Professional Practice
- Transparency and informed consent
- Mitigating bias and promoting equity
- Data privacy and security
- Accuracy and misinformation risks
- Human oversight and professional judgment
- Liability and ethical responsibility
- American Psychological Association – APA Journals Policy on Generative AI
- American Counseling Association – ACA Work Group Recommendations for AI
- National Association of Social Workers – Standards for Technology in Social Work Practice
- Case examples
Laws Regulating AI in Mental Health
- Contrasting approaches to AI in most recent Presidential Administrations
- Federal agencies with some oversight of AI
- Food and Drug Administration (FDA)
- Federal Trade Commission (FTC)
- Health Insurance Portability and Accountability Act (HIPAA)
- Challenges with using AI in HIPAA-regulated organizations
- Best practices
- Case examples
- States at the forefront of AI regulation in mental health
- California
- Illinois
- Nevada
- New Jersey
- New York
- Pennsylvania
- Utah
Regulating AI in Mental Health on an International Scale
- The United Nations – Principles for the Ethical Use of Artificial Intelligence in the United Nations System
- World Health Organization – Ethics and Governance of Artificial Intelligence for Health: Guidance on Large Multi-Modal Models
- Case examples
Key Take Aways