EveryAILaw.comDoes Rhode Island Oversight of Artificial Intelligence Technology in Mental Health Care Act (S 2197) require Data Governance?
Rhode Island • enforcing
Yes — 1 provision
Requirements at a glance
This regulation imposes 2 specific requirements for Data Governance across 1 provision:
- Confidential records — All records kept by a licensed professional or provider and all communications between an individual seeking therapy or psychotherapy services and the provider are confidential (§ 40.1-5.5-4)
- Disclosure only as permitted — Records and communications may not be disclosed except as provided under R.I. Gen. Laws § 40.1-5-26 (§ 40.1-5.5-4)
Confidentiality of AI-Handled Therapy Records #
This is the only duty in the chapter with an attached penalty schedule, so it is the likeliest enforcement route. Because § 40.1-5.5-2(8)(i) puts preparation and maintenance of therapy notes inside "supplementary support", any AI scribe or note-taking vendor sits inside the confidentiality perimeter — the practice's vendor contracts, retention, and training-data terms are what this section reaches in practice.
Requirements
| Requirement | Details |
|---|---|
| Confidential records | All records kept by a licensed professional or provider and all communications between an individual seeking therapy or psychotherapy services and the provider are confidential (§ 40.1-5.5-4) |
| Disclosure only as permitted | Records and communications may not be disclosed except as provided under R.I. Gen. Laws § 40.1-5-26 (§ 40.1-5.5-4) |
Penalties
| Violation | Fine |
|---|---|
| Confidentiality violations | The penalties under R.I. Gen. Laws § 5-37.3-9 (Confidentiality of Health Care Communications and Information Act) apply to any violation of the chapter's confidentiality provisions (§ 40.1-5.5-5(a)) |