The Evolving Legal-Ethical Standard of Care for the Clinical Use of Artificial Intelligence in Mental Health

1. Describe the current clinical standard of care in behavioral health practice and its relevance to AI integration in behavioral health care provision.
2. Identify, and apply in-practice, the importance of informed consent and communication with clients regarding AI-assisted treatments.
3. Analyze the current evolving legal and regulatory landscape governing AI use in behavioral health care, with a focus on HIPAA compliance for covered entities.
4. Evaluate the impact of AI on patient confidentiality, privacy, and data security in the context of HIPAA compliance.
5. Develop a rubric for integrating AI technologies into behavioral health practice while ensuring compliance with legal, ethical, and HIPAA requirements.

1. Understanding Artificial Intelligence in Behavioral Health Care (15 minutes)

• Definition and explanation of artificial intelligence (AI) in behavioral health care
• Benefits, challenges, and potential applications of AI in the field
• Overview of common AI technologies and tools used in behavioral health care

1. Clinical Standard of Care in Mental Health (20 minutes)

• Introduction to the clinical standard of care in behavioral health care provision
• Importance of evidence-based practice and clinical guidelines
• Integrating AI technologies within the clinical standard of care
• Review of the developing ethical guidelines and recommendations

Legal and Ethical Considerations (35 minutes)

1. Legal Considerations

• Overview of relevant laws and regulations, including HIPAA – understanding the implications of AI use on privacy/confidentiality and data security
• Applicability of HIPAA Security Rule

• What constitutes Protected Health Information (PHI) – what’s in HIPAA’s “scope”
• Business Associate Rule – requirements and applicability for when a third party service provider “creates, receives, maintains, or transmits” Protected Health Information on behalf of a HIPAA covered-entity
• Rubric for AI use and integration in mental health care practice that’s consistent with HIPAA regulations and licensure requirements

1. Ethical considerations in AI-assisted behavioral health care and AI integration in behavioral health care practice

• Ethical principles and guidelines for AI use in behavioral health care
• Ensuring patient autonomy, privacy, and consent in AI-assisted treatments
• Informed consent and transparency when using AI tools in behavioral health practice

1. Responsible Integration of AI in Behavioral Health Practice (20 minutes)

• Strategies for selecting and implementing AI technologies in compliance with HIPAA and ethical guidelines
• Staff training and education on AI technologies and their ethical use
• Establishing safeguards for data protection, security, and confidentiality
• Ensuring ongoing professional development and training for providers

• American Association of Marriage and Family Therapists. (2015). Code of Ethics . Alexandria, VA: Author.
• American Counseling Association. (2014). ACA Code of Ethics. Alexandria, VA: Author.
• American Mental Health Counselors Association. (2020). American Mental Health Counselors Association Code of Ethics. Alexandria, VA: Author.
• American Psychological Association. (2010, and 2016 amendments). American Psychological Association Ethical Principles of Psychologists and Code of Conduct . Washington, DC: Author.
• National Association of Social Workers. (2008). Code of Ethics . Washington, DC: Author.
• National Board for Certified Counselors. (2023). Code of Ethics . Greensboro, NC: Author.
• Rubeis, G. (2022). IHealth: The Ethics of Artificial Intelligence and big data in mental healthcare. Internet Interventions, 28, 100518. https://doi.org/10.1016/j.invent.2022.100518
• US Dept. of Health and Human Services. (2006). HIPAA Administrative Simplification . Washington, DC: Author.
• US Dept. of Health and Human Services. (2013). HIPAA Omnibus Final Rule . Washington, DC: Author.