Hastings Center Report
Digital Mental Health Tools and AI Therapy Chatbots: A Balanced Approach to Regulation
Abstract: Digital mental health tools (DMHTs) offer a potential solution to overcoming economic, cultural, and geographic barriers to the increasing demand for mental health care, but their adoption raises significant ethical, legal, and social concerns. This article identifies ethical risks related to DMHTs and, in this light, proposes three important criteria for evaluating regulatory approaches. These approaches should (a) ensure widespread access and (b) balance access with risk management while (c) acknowledging preexisting markets and digital self-medication. Our analysis of three regulatory models—the laissez-faire approach, a highly regulated approach, and the current U.S. Food and Drug Administration approach—reveals that none satisfactorily balances the promise of access with ethical risks. We therefore suggest modifications to the current FDA approach; these involve a voluntary certification program for nonprescription DMHTs, more-stringent data safety and privacy practices, easily accessible diagnostic tools, continuous monitoring, and independent audits. These modifications secure the accessibility benefits of DMHTs while mitigating risks associated with widespread use.
