EveryAILaw.comDoes Rhode Island Oversight of Artificial Intelligence Technology in Mental Health Care Act (S 2197) require Transparency & Disclosure?
Rhode Island • enforcing
Yes — 1 provision
Requirements at a glance
This regulation imposes 4 specific requirements for Transparency & Disclosure across 1 provision:
- Written pre-use information — Before such use, inform the patient (or parent, guardian, or legally authorized representative) in writing that AI will be used and of the specific purpose of the AI tool or system (§ 40.1-5.5-3(a)(1)-(2))
- Affirmative consent — Obtain consent as defined in § 40.1-5.5-2 — an affirmative written agreement, including by electronic means, that unambiguously communicates explicit, express, freely given, informed, voluntary, and specific agreement, and that is revocable (§§ 40.1-5.5-2(3), 40.1-5.5-3(a)(3))
- Excluded consent mechanics — Consent may not be derived from acceptance of general or broad terms of use containing AI descriptions alongside unrelated information, from hovering over, muting, pausing, or closing digital content, or from deceptive actions (§ 40.1-5.5-2(3)(i)-(iii))
- Consent as a gate on use — AI may be used only to the extent the use meets § 40.1-5.5-3(a) (§ 40.1-5.5-3(c))
Written Consent for Recorded AI-Assisted Sessions #
The consent definition does the work. § 40.1-5.5-2(3) rules out the three cheapest consent mechanics in software: acceptance of broad terms of use that bury the AI description among unrelated material, dark-pattern interactions (hovering, muting, pausing, closing content), and deceptive actions. Consent must be affirmative, written or electronic, purpose-specific, and revocable — which means the product needs a per-purpose consent record and a revocation path, not a checkbox. § 40.1-5.5-3(c) then makes consent a condition precedent: AI use is permitted "only to the extent that such use meets the requirements of subsection (a)".
Requirements
| Requirement | Details |
|---|---|
| Written pre-use information | Before such use, inform the patient (or parent, guardian, or legally authorized representative) in writing that AI will be used and of the specific purpose of the AI tool or system (§ 40.1-5.5-3(a)(1)-(2)) |
| Affirmative consent | Obtain consent as defined in § 40.1-5.5-2 — an affirmative written agreement, including by electronic means, that unambiguously communicates explicit, express, freely given, informed, voluntary, and specific agreement, and that is revocable (§§ 40.1-5.5-2(3), 40.1-5.5-3(a)(3)) |
| Excluded consent mechanics | Consent may not be derived from acceptance of general or broad terms of use containing AI descriptions alongside unrelated information, from hovering over, muting, pausing, or closing digital content, or from deceptive actions (§ 40.1-5.5-2(3)(i)-(iii)) |
| Consent as a gate on use | AI may be used only to the extent the use meets § 40.1-5.5-3(a) (§ 40.1-5.5-3(c)) |
Penalties
| Violation | Fine |
|---|---|
| Investigation | EOHHS may investigate any actual, alleged, or suspected violation (§ 40.1-5.5-5(b)) |
| Confidentiality violations | Penalties under R.I. Gen. Laws § 5-37.3-9 (§ 40.1-5.5-5(a)) |