Regulating AI Therapy Chatbots: A Call for Federal Oversight

While artificial intelligence therapy chatbots continue to develop and increase in popularity, there is little regulatory oversight for this burgeoning industry. Regulation is needed because there is a high probability for harm when artificial intelligence is used in the mental health therapy industry, yet there is no consensus on standards that apply. Artificial intelligence therapy chatbots are currently only regulated by indirect, suboptimal liability schemes. State governments could regulate them by considering them human practitioners or telehealth services, or the federal government could regulate them as medical devices. This Comment examines the pitfalls of the lack of artificial intelligence therapy chatbot regulation, analyzes methods for regulation at the state and federal levels, and ultimately concludes they should be regulated federally as medical devices.