Governing AI for Mental Health: Fragmented State Approaches and the Case for a Federal Framework

State-level regulation of AI used for mental health is emerging in the absence of a federal framework. States are taking different approaches to regulation, resulting in a fragmented regulatory landscape. This Viewpoint aims to identify the governance approaches that US states are using to regulate the use of AI in mental health and analyze the limitations of each. A 4-state case analysis was conducted using the statutory text of bills and laws in Illinois, Utah, New York, and Nevada. Two governance approaches were identified. The first regulates the use of AI in clinical contexts, and the second regulates the technology itself. Some states have combined elements of both approaches to address AI use more comprehensively. While these approaches aim to mitigate harm, they differ in where they believe risk lies in the use of AI for mental health support. The limitations of these divergent approaches include uneven protections for consumers and regulatory uncertainty for developers, vendors, deployers, and clinicians. Because AI in mental health operates across both clinical and consumer domains, neither approach alone can address the risks associated with its use for mental health support. A coordinated, risk-based federal regulatory floor is needed to ensure consistent protections across states.

Authors

Institutions

Publication Details

Journal
JMIR Mental Health
Published
2026-07-28
DOI
https://doi.org/10.2196/96389
Primary Topic
Digital Mental Health Interventions
Type
article
Field-Weighted Citation Impact
0.00
Controls
|||
ALL TIME
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
article

Governing AI for Mental Health: Fragmented State Approaches and the Case for a Federal Framework

Abir Aldhalimi
JMIR Mental Health
Digital Mental Health Interventions
article

Governing AI for Mental Health: Fragmented State Approaches and the Case for a Federal Framework

Abir Aldhalimi
article en

Abstract

State-level regulation of AI used for mental health is emerging in the absence of a federal framework. States are taking different approaches to regulation, resulting in a fragmented regulatory landscape. This Viewpoint aims to identify the governance approaches that US states are using to regulate the use of AI in mental health and analyze the limitations of each. A 4-state case analysis was conducted using the statutory text of bills and laws in Illinois, Utah, New York, and Nevada. Two governance approaches were identified. The first regulates the use of AI in clinical contexts, and the second regulates the technology itself. Some states have combined elements of both approaches to address AI use more comprehensively. While these approaches aim to mitigate harm, they differ in where they believe risk lies in the use of AI for mental health support. The limitations of these divergent approaches include uneven protections for consumers and regulatory uncertainty for developers, vendors, deployers, and clinicians. Because AI in mental health operates across both clinical and consumer domains, neither approach alone can address the risks associated with its use for mental health support. A coordinated, risk-based federal regulatory floor is needed to ensure consistent protections across states.

JMIR Mental HealthVol. 13
Yale University (US), Center for Health and Gender Equity (US)
Peace, Justice and strong institutions
Openalex Percentile: Top 7%
Digital Mental Health Interventions
AI Navigator

Ask Laika to Summarize, Analyze, and Connect papers live on the map.

Summarize Papers & Methodologies

Extract key findings, datasets, and comparative methods across publications.

Benchmark Rankings & Visual Analytics

Rank top research institutions, authors, funders, topics, and journals by Field-Weighted Citation Impact (FWCI) and paper volume with instant charts.

Connect Distant Disciplines

Bridge topological clusters on the map to find hidden collaborative intersections.