AI Compliance for Mental Health Apps in California (2026)
Mental health AI faces the strictest scrutiny under California law due to the vulnerability of patients and potential for harm.
Check Your Mental Health AI Compliance
Free 2-minute assessment with personalized action plan
AI Applications in Mental Health Providers That Require Compliance
- 1AI chatbots providing therapeutic support or advice
- 2Mood tracking apps offering AI-generated insights
- 3Virtual companions between therapy sessions
- 4Crisis detection and intervention systems
Key Compliance Requirements for Mental Health
- Explicit disclosure: "I am an AI. I am not a therapist."
- Cannot simulate professional therapeutic relationship
- Immediate human escalation for crisis/suicidal ideation
- No use of titles like "Counselor" or "Therapist"
💡 Mental Health Compliance Tip
AB 489 specifically calls out mental health chatbots. Non-compliance risks both regulatory action and patient harm lawsuits.
California AI Regulations Affecting Mental Health Providers
Two primary laws govern AI use in mental health providers in California:
AB 489: The Transparency Mandate
AB 489 requires any AI system that interacts with patients to clearly disclose its non-human nature at the start of every interaction. For mental health providers, this means all patient-facing chatbots, virtual assistants, and automated systems must display clear AI disclosure notices.
AB 3030: Generative AI Oversight
AB 3030 specifically targets Generative AI (like ChatGPT) used in healthcare. If your mental health practice uses GenAI to generate patient communications, clinical summaries, or educational content, a licensed healthcare professional must review and approve the content before it reaches patients.
Is Your Mental Health AI Compliant?
Take our free compliance assessment to identify gaps and get a personalized action plan for your mental health practice.
Check My Compliance Now