Technology (Artificial Intelligence)

HB 1144 would restrict how artificial intelligence (AI) can be used in therapy and psychotherapy services in South Dakota. Licensed therapists (including psychologists, social workers, counselors, and marriage and family therapists) would be prohibited from using AI to make treatment decisions, interact directly with clients during sessions, generate treatment plans without review, or detect emotions - except for specific administrative tasks like scheduling, billing, or anonymized data analysis. The bill requires written client consent for AI recording of sessions, with strict rules against obtaining consent through vague agreements or deceptive tactics. Violations could result in civil penalties of up to $10,000 per incident, with therapists retaining full responsibility for all AI-assisted interactions.

SB 168 regulates chatbots used by minors in South Dakota. It prohibits deployers (companies or developers) from making AI-companion chatbots - designed to form emotional bonds - available to minors without age verification (e.g., checking ID). Instead, deployers must implement age verification for such chatbots or remove all human-like features to allow minor access. Therapy chatbots may be offered to minors only with clear disclaimers, clinical evidence of safety/efficacy, and oversight by a licensed mental health professional who assesses suitability and monitors use. The bill also requires emergency response systems for crisis situations and limits data collection to necessary purposes.