Creates provisions relating to artificial intelligence in mental health
Summary
HB 2318 creates a new section in Missouri’s merchandising practices law to regulate how artificial intelligence may be marketed in the mental health space. The bill defines “artificial intelligence” broadly and then prohibits any person or entity that develops or deploys AI in Missouri from advertising or representing that the AI is, or can act as, a mental health professional or provide therapy services.
The measure is aimed at preventing consumers from being misled into believing an AI product can substitute for licensed mental health care. It does not ban AI tools used in mental health-related settings generally; rather, it focuses on claims made to the public about therapeutic capability or professional status. Violations would be treated as unlawful merchandising practices, bringing the bill under the enforcement framework of Chapter 407.
Impact
If enacted, the bill would add section 407.3007 to Missouri law and extend the Missouri Merchandising Practices Act to cover deceptive advertising involving AI and mental health services. The attorney general would be responsible for enforcement, and individuals could report suspected violations. Courts could award damages, injunctive relief, attorney’s fees, and civil penalties of $10,000 for a first violation and $20,000 for subsequent violations, creating a significant deterrent for companies marketing AI-based mental health products.
Sentiment
Based on the bill’s caption and the absence of recorded committee debate or votes in the provided materials, the bill appears to have been framed as a consumer-protection measure rather than a broad restriction on technology. The overall sentiment suggested by the text is precautionary and protective, reflecting concern about misleading claims in a sensitive area of health care. No contrary viewpoints are documented in the available record.
Contention
The main point of contention likely concerns how broadly the prohibition could apply to AI tools used for mental health support, screening, coaching, or triage, especially where companies market products as supportive but not as licensed therapy. Another possible issue is the breadth of the definition of artificial intelligence, which could sweep in a wide range of software systems. The bill also raises questions about the boundary between consumer protection and innovation, with potential concern from AI developers and digital health companies, while mental health professionals and consumer advocates would likely favor the restriction.