WHAT THIS BILL REGULATES · 2 REQUIREMENT TYPES
How Is This Bill Enforced
Verbatim statutory text on the left; plain-language analysis and a per-section checklist on the right. Numbered markers cross-link to the matching checklist row.
This chapter may be cited as the Wellness and Oversight for Psychological Resources Act.
This section establishes the short title of the chapter as the Wellness and Oversight for Psychological Resources Act. It creates no compliance obligations.
The purpose of this chapter is to safeguard individuals seeking psychotherapy servicesPsychotherapy services"Psychotherapy services" means services provided to diagnose, treat, or improve an individual's mental health or substance use disorder condition. "Psychotherapy services" does not include religious counseling or peer support.Bus. & Prof. Code § 4989.82(g) by ensuring these services are delivered by licensed professionalsLicensed professional\"Licensed professional\" has the same meaning as \"psychotherapist\" as defined in Section 1010 of the Evidence Code.Bus. & Prof. Code § 4989.82(d). This chapter is intended to protect consumers from unlicensed or unqualified providers, including unregulated artificial intelligenceArtificial intelligence"Artificial intelligence" means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments.Bus. & Prof. Code § 4989.82(b) systems, while respecting individual choice and access to community-based and faith-based mental health support and recognizing that artificial intelligenceArtificial intelligence"Artificial intelligence" means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments.Bus. & Prof. Code § 4989.82(b) technology has the potential to expand clinical capacity if used in a safe, ethical, and legal manner.
This section states the bill's legislative purpose: to safeguard individuals seeking psychotherapy services by ensuring they are delivered by licensed professionals and to protect consumers from unlicensed providers, including unregulated AI systems, while recognizing AI's potential to expand clinical capacity if used safely. No compliance obligations are created.
(a) "Administrative supportAdministrative support"Administrative support" means tasks performed to assist a licensed professional in the delivery of psychotherapy services that do not involve psychotherapeutic communication. "Administrative support" includes, but is not limited to, all of the following: (1) Managing appointment scheduling and reminders. (2) Processing billing and insurance claims. (3) Drafting general communications related to therapy logistics that do not include therapeutic advice.Bus. & Prof. Code § 4989.82(a)" means tasks performed to assist a licensed professionalLicensed professional\"Licensed professional\" has the same meaning as \"psychotherapist\" as defined in Section 1010 of the Evidence Code.Bus. & Prof. Code § 4989.82(d) in the delivery of psychotherapy servicesPsychotherapy services"Psychotherapy services" means services provided to diagnose, treat, or improve an individual's mental health or substance use disorder condition. "Psychotherapy services" does not include religious counseling or peer support.Bus. & Prof. Code § 4989.82(g) that do not involve psychotherapeutic communicationPsychotherapeutic communication"Psychotherapeutic communication" means any verbal, nonverbal, or written interaction conducted in a clinical or professional setting that is intended to diagnose, treat, or address an individual's mental, emotional, or behavioral health concerns. "Psychotherapeutic communication" includes, but is not limited to, any of the following: (A) Direct interactions with clients for the purpose of understanding or reflecting their thoughts, emotions, or experiences. (B) Providing guidance, therapeutic strategies, or interventions designed to achieve mental health outcomes. (C) Offering emotional support, reassurance, or empathy in response to psychological or emotional distress. (D) Collaborating with clients to develop or modify therapeutic goals or treatment plans. (E) Offering behavioral feedback intended to promote psychological growth or address mental health conditions. "Psychotherapeutic communication" does not include the discussion of a patient's use of artificial intelligence in a clinical setting.Bus. & Prof. Code § 4989.82(f). "Administrative supportAdministrative support"Administrative support" means tasks performed to assist a licensed professional in the delivery of psychotherapy services that do not involve psychotherapeutic communication. "Administrative support" includes, but is not limited to, all of the following: (1) Managing appointment scheduling and reminders. (2) Processing billing and insurance claims. (3) Drafting general communications related to therapy logistics that do not include therapeutic advice.Bus. & Prof. Code § 4989.82(a)" includes, but is not limited to, all of the following: (1) Managing appointment scheduling and reminders. (2) Processing billing and insurance claims. (3) Drafting general communications related to therapy logistics that do not include therapeutic advice.
(b) "Artificial intelligenceArtificial intelligence"Artificial intelligence" means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments.Bus. & Prof. Code § 4989.82(b)" means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments.
(c) "ConsentConsent"Consent" means a clear, explicit affirmative act by an individual that meets both of the following requirements: (A) Unambiguously communicates the individual's express, freely given, informed, voluntary, specific, and unambiguous agreement, either written or verbally, and documented in the record. (B) Is revocable by the individual. "Consent" does not include an agreement that is obtained by any of the following: (A) The acceptance of a general or broad terms of use agreement or a similar document that contains descriptions of artificial intelligence along with other unrelated information. (B) An individual hovering over, muting, pausing, or closing a given piece of digital content. (C) An agreement obtained through the use of deceptive actions.Bus. & Prof. Code § 4989.82(c)" means a clear, explicit affirmative act by an individual that meets both of the following requirements: (A) Unambiguously communicates the individual's express, freely given, informed, voluntary, specific, and unambiguous agreement, either written or verbally, and documented in the record. (B) Is revocable by the individual. (2) "ConsentConsent"Consent" means a clear, explicit affirmative act by an individual that meets both of the following requirements: (A) Unambiguously communicates the individual's express, freely given, informed, voluntary, specific, and unambiguous agreement, either written or verbally, and documented in the record. (B) Is revocable by the individual. "Consent" does not include an agreement that is obtained by any of the following: (A) The acceptance of a general or broad terms of use agreement or a similar document that contains descriptions of artificial intelligence along with other unrelated information. (B) An individual hovering over, muting, pausing, or closing a given piece of digital content. (C) An agreement obtained through the use of deceptive actions.Bus. & Prof. Code § 4989.82(c)" does not include an agreement that is obtained by any of the following: (A) The acceptance of a general or broad terms of use agreement or a similar document that contains descriptions of artificial intelligenceArtificial intelligence"Artificial intelligence" means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments.Bus. & Prof. Code § 4989.82(b) along with other unrelated information. (B) An individual hovering over, muting, pausing, or closing a given piece of digital content. (C) An agreement obtained through the use of deceptive actions.
(d) \"Licensed professionalLicensed professional\"Licensed professional\" has the same meaning as \"psychotherapist\" as defined in Section 1010 of the Evidence Code.Bus. & Prof. Code § 4989.82(d)\" has the same meaning as \"psychotherapist\" as defined in Section 1010 of the Evidence Code.
(e) "Peer supportPeer support"Peer support" means services provided by individuals with lived experience of mental health conditions or recovery from substance use that are intended to offer encouragement, understanding, and guidance without clinical intervention.Bus. & Prof. Code § 4989.82(e)" means services provided by individuals with lived experience of mental health conditions or recovery from substance use that are intended to offer encouragement, understanding, and guidance without clinical intervention.
(f) "Psychotherapeutic communicationPsychotherapeutic communication"Psychotherapeutic communication" means any verbal, nonverbal, or written interaction conducted in a clinical or professional setting that is intended to diagnose, treat, or address an individual's mental, emotional, or behavioral health concerns. "Psychotherapeutic communication" includes, but is not limited to, any of the following: (A) Direct interactions with clients for the purpose of understanding or reflecting their thoughts, emotions, or experiences. (B) Providing guidance, therapeutic strategies, or interventions designed to achieve mental health outcomes. (C) Offering emotional support, reassurance, or empathy in response to psychological or emotional distress. (D) Collaborating with clients to develop or modify therapeutic goals or treatment plans. (E) Offering behavioral feedback intended to promote psychological growth or address mental health conditions. "Psychotherapeutic communication" does not include the discussion of a patient's use of artificial intelligence in a clinical setting.Bus. & Prof. Code § 4989.82(f)" means any verbal, nonverbal, or written interaction conducted in a clinical or professional setting that is intended to diagnose, treat, or address an individual's mental, emotional, or behavioral health concerns. "Psychotherapeutic communicationPsychotherapeutic communication"Psychotherapeutic communication" means any verbal, nonverbal, or written interaction conducted in a clinical or professional setting that is intended to diagnose, treat, or address an individual's mental, emotional, or behavioral health concerns. "Psychotherapeutic communication" includes, but is not limited to, any of the following: (A) Direct interactions with clients for the purpose of understanding or reflecting their thoughts, emotions, or experiences. (B) Providing guidance, therapeutic strategies, or interventions designed to achieve mental health outcomes. (C) Offering emotional support, reassurance, or empathy in response to psychological or emotional distress. (D) Collaborating with clients to develop or modify therapeutic goals or treatment plans. (E) Offering behavioral feedback intended to promote psychological growth or address mental health conditions. "Psychotherapeutic communication" does not include the discussion of a patient's use of artificial intelligence in a clinical setting.Bus. & Prof. Code § 4989.82(f)" includes, but is not limited to, any of the following: (A) Direct interactions with clients for the purpose of understanding or reflecting their thoughts, emotions, or experiences. (B) Providing guidance, therapeutic strategies, or interventions designed to achieve mental health outcomes. (C) Offering emotional support, reassurance, or empathy in response to psychological or emotional distress. (D) Collaborating with clients to develop or modify therapeutic goals or treatment plans. (E) Offering behavioral feedback intended to promote psychological growth or address mental health conditions. (2) "Psychotherapeutic communicationPsychotherapeutic communication"Psychotherapeutic communication" means any verbal, nonverbal, or written interaction conducted in a clinical or professional setting that is intended to diagnose, treat, or address an individual's mental, emotional, or behavioral health concerns. "Psychotherapeutic communication" includes, but is not limited to, any of the following: (A) Direct interactions with clients for the purpose of understanding or reflecting their thoughts, emotions, or experiences. (B) Providing guidance, therapeutic strategies, or interventions designed to achieve mental health outcomes. (C) Offering emotional support, reassurance, or empathy in response to psychological or emotional distress. (D) Collaborating with clients to develop or modify therapeutic goals or treatment plans. (E) Offering behavioral feedback intended to promote psychological growth or address mental health conditions. "Psychotherapeutic communication" does not include the discussion of a patient's use of artificial intelligence in a clinical setting.Bus. & Prof. Code § 4989.82(f)" does not include the discussion of a patient's use of artificial intelligenceUse of artificial intelligence"Use of artificial intelligence" means the use of artificial intelligence tools or systems to assist in providing administrative support or supplementary support in psychotherapy services.Bus. & Prof. Code § 4989.82(k) in a clinical setting.
(g) "Psychotherapy servicesPsychotherapy services"Psychotherapy services" means services provided to diagnose, treat, or improve an individual's mental health or substance use disorder condition. "Psychotherapy services" does not include religious counseling or peer support.Bus. & Prof. Code § 4989.82(g)" means services provided to diagnose, treat, or improve an individual's mental health or substance use disorder condition. "Psychotherapy servicesPsychotherapy services"Psychotherapy services" means services provided to diagnose, treat, or improve an individual's mental health or substance use disorder condition. "Psychotherapy services" does not include religious counseling or peer support.Bus. & Prof. Code § 4989.82(g)" does not include religious counselingReligious counseling"Religious counseling" means counseling provided by clergy members, pastoral counselors, or other religious leaders acting within the scope of their religious duties if the services are explicitly faith based and are not represented as clinical mental health services or psychotherapy services.Bus. & Prof. Code § 4989.82(h) or peer supportPeer support"Peer support" means services provided by individuals with lived experience of mental health conditions or recovery from substance use that are intended to offer encouragement, understanding, and guidance without clinical intervention.Bus. & Prof. Code § 4989.82(e).
(h) "Religious counselingReligious counseling"Religious counseling" means counseling provided by clergy members, pastoral counselors, or other religious leaders acting within the scope of their religious duties if the services are explicitly faith based and are not represented as clinical mental health services or psychotherapy services.Bus. & Prof. Code § 4989.82(h)" means counseling provided by clergy members, pastoral counselors, or other religious leaders acting within the scope of their religious duties if the services are explicitly faith based and are not represented as clinical mental health services or psychotherapy servicesPsychotherapy services"Psychotherapy services" means services provided to diagnose, treat, or improve an individual's mental health or substance use disorder condition. "Psychotherapy services" does not include religious counseling or peer support.Bus. & Prof. Code § 4989.82(g).
(i) \"Supplementary supportSupplementary support\"Supplementary support\" means tasks performed to assist a licensed professional in the delivery of psychotherapy services that do not involve psychotherapeutic communication and that are not administrative support.Bus. & Prof. Code § 4989.82(i)\" means tasks performed to assist a licensed professionalLicensed professional\"Licensed professional\" has the same meaning as \"psychotherapist\" as defined in Section 1010 of the Evidence Code.Bus. & Prof. Code § 4989.82(d) in the delivery of psychotherapy servicesPsychotherapy services"Psychotherapy services" means services provided to diagnose, treat, or improve an individual's mental health or substance use disorder condition. "Psychotherapy services" does not include religious counseling or peer support.Bus. & Prof. Code § 4989.82(g) that do not involve psychotherapeutic communicationPsychotherapeutic communication"Psychotherapeutic communication" means any verbal, nonverbal, or written interaction conducted in a clinical or professional setting that is intended to diagnose, treat, or address an individual's mental, emotional, or behavioral health concerns. "Psychotherapeutic communication" includes, but is not limited to, any of the following: (A) Direct interactions with clients for the purpose of understanding or reflecting their thoughts, emotions, or experiences. (B) Providing guidance, therapeutic strategies, or interventions designed to achieve mental health outcomes. (C) Offering emotional support, reassurance, or empathy in response to psychological or emotional distress. (D) Collaborating with clients to develop or modify therapeutic goals or treatment plans. (E) Offering behavioral feedback intended to promote psychological growth or address mental health conditions. "Psychotherapeutic communication" does not include the discussion of a patient's use of artificial intelligence in a clinical setting.Bus. & Prof. Code § 4989.82(f) and that are not administrative supportAdministrative support"Administrative support" means tasks performed to assist a licensed professional in the delivery of psychotherapy services that do not involve psychotherapeutic communication. "Administrative support" includes, but is not limited to, all of the following: (1) Managing appointment scheduling and reminders. (2) Processing billing and insurance claims. (3) Drafting general communications related to therapy logistics that do not include therapeutic advice.Bus. & Prof. Code § 4989.82(a).
(j) \"Triage or screeningTriage or screening\"Triage or screening\" means the assessment of an individual's health concerns and symptoms for the purpose of determining the urgency, clinical nature, or appropriate level of the individual's need for psychotherapy services.Bus. & Prof. Code § 4989.82(j)\" means the assessment of an individual's health concerns and symptoms for the purpose of determining the urgency, clinical nature, or appropriate level of the individual's need for psychotherapy servicesPsychotherapy services"Psychotherapy services" means services provided to diagnose, treat, or improve an individual's mental health or substance use disorder condition. "Psychotherapy services" does not include religious counseling or peer support.Bus. & Prof. Code § 4989.82(g).
(k) "Use of artificial intelligenceUse of artificial intelligence"Use of artificial intelligence" means the use of artificial intelligence tools or systems to assist in providing administrative support or supplementary support in psychotherapy services.Bus. & Prof. Code § 4989.82(k)" means the use of artificial intelligenceUse of artificial intelligence"Use of artificial intelligence" means the use of artificial intelligence tools or systems to assist in providing administrative support or supplementary support in psychotherapy services.Bus. & Prof. Code § 4989.82(k) tools or systems to assist in providing administrative supportAdministrative support"Administrative support" means tasks performed to assist a licensed professional in the delivery of psychotherapy services that do not involve psychotherapeutic communication. "Administrative support" includes, but is not limited to, all of the following: (1) Managing appointment scheduling and reminders. (2) Processing billing and insurance claims. (3) Drafting general communications related to therapy logistics that do not include therapeutic advice.Bus. & Prof. Code § 4989.82(a) or supplementary supportSupplementary support\"Supplementary support\" means tasks performed to assist a licensed professional in the delivery of psychotherapy services that do not involve psychotherapeutic communication and that are not administrative support.Bus. & Prof. Code § 4989.82(i) in psychotherapy servicesPsychotherapy services"Psychotherapy services" means services provided to diagnose, treat, or improve an individual's mental health or substance use disorder condition. "Psychotherapy services" does not include religious counseling or peer support.Bus. & Prof. Code § 4989.82(g).
This section defines all key terms used throughout the chapter. It establishes definitions for administrative support, artificial intelligence, consent, licensed professional, peer support, psychotherapeutic communication, psychotherapy services, religious counseling, supplementary support, triage or screening, and use of artificial intelligence. The consent definition is notably strict: it requires a clear, explicit, freely given, informed, and revocable affirmative act, and it expressly excludes acceptance via general terms of use, passive digital interactions, or deceptive actions.
(a) 1 An individual, corporation, or entity shall not use artificial intelligenceArtificial intelligence"Artificial intelligence" means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments.Bus. & Prof. Code § 4989.82(b) to record or transcribe psychotherapeutic communicationsPsychotherapeutic communication"Psychotherapeutic communication" means any verbal, nonverbal, or written interaction conducted in a clinical or professional setting that is intended to diagnose, treat, or address an individual's mental, emotional, or behavioral health concerns. "Psychotherapeutic communication" includes, but is not limited to, any of the following: (A) Direct interactions with clients for the purpose of understanding or reflecting their thoughts, emotions, or experiences. (B) Providing guidance, therapeutic strategies, or interventions designed to achieve mental health outcomes. (C) Offering emotional support, reassurance, or empathy in response to psychological or emotional distress. (D) Collaborating with clients to develop or modify therapeutic goals or treatment plans. (E) Offering behavioral feedback intended to promote psychological growth or address mental health conditions. "Psychotherapeutic communication" does not include the discussion of a patient's use of artificial intelligence in a clinical setting.Bus. & Prof. Code § 4989.82(f), psychotherapy sessions, or triage or screeningTriage or screening\"Triage or screening\" means the assessment of an individual's health concerns and symptoms for the purpose of determining the urgency, clinical nature, or appropriate level of the individual's need for psychotherapy services.Bus. & Prof. Code § 4989.82(j) unless both of the following conditions are satisfied: (1) The patient or the patient's legally authorized representative is informed verbally or in writing of both of the following: (A) That artificial intelligenceArtificial intelligence"Artificial intelligence" means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments.Bus. & Prof. Code § 4989.82(b) will be used. (B) The specific purpose of the artificial intelligenceArtificial intelligence"Artificial intelligence" means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments.Bus. & Prof. Code § 4989.82(b) tool or system that will be used. (2) The patient or the patient's legally authorized representative provides consentConsent"Consent" means a clear, explicit affirmative act by an individual that meets both of the following requirements: (A) Unambiguously communicates the individual's express, freely given, informed, voluntary, specific, and unambiguous agreement, either written or verbally, and documented in the record. (B) Is revocable by the individual. "Consent" does not include an agreement that is obtained by any of the following: (A) The acceptance of a general or broad terms of use agreement or a similar document that contains descriptions of artificial intelligence along with other unrelated information. (B) An individual hovering over, muting, pausing, or closing a given piece of digital content. (C) An agreement obtained through the use of deceptive actions.Bus. & Prof. Code § 4989.82(c) to the use of artificial intelligenceUse of artificial intelligence"Use of artificial intelligence" means the use of artificial intelligence tools or systems to assist in providing administrative support or supplementary support in psychotherapy services.Bus. & Prof. Code § 4989.82(k).
(b) 1 A patient does not surrender any of their rights to care if the patient or their legally authorized representative does not provide consentConsent"Consent" means a clear, explicit affirmative act by an individual that meets both of the following requirements: (A) Unambiguously communicates the individual's express, freely given, informed, voluntary, specific, and unambiguous agreement, either written or verbally, and documented in the record. (B) Is revocable by the individual. "Consent" does not include an agreement that is obtained by any of the following: (A) The acceptance of a general or broad terms of use agreement or a similar document that contains descriptions of artificial intelligence along with other unrelated information. (B) An individual hovering over, muting, pausing, or closing a given piece of digital content. (C) An agreement obtained through the use of deceptive actions.Bus. & Prof. Code § 4989.82(c) to the use of artificial intelligenceUse of artificial intelligence"Use of artificial intelligence" means the use of artificial intelligence tools or systems to assist in providing administrative support or supplementary support in psychotherapy services.Bus. & Prof. Code § 4989.82(k).
This section prohibits any individual, corporation, or entity from using artificial intelligence to record or transcribe psychotherapeutic communications, psychotherapy sessions, or triage or screening unless two conditions are met: the patient (or authorized representative) is informed verbally or in writing that AI will be used and of the specific purpose of the AI tool, and the patient provides consent as strictly defined in § 4989.82(c). The section also establishes that a patient does not surrender any rights to care by refusing consent to AI use, preventing coerced consent through denial of services.
(a) 2 An individual, corporation, or entity shall not provide, advertise, or otherwise offer psychotherapy servicesPsychotherapy services"Psychotherapy services" means services provided to diagnose, treat, or improve an individual's mental health or substance use disorder condition. "Psychotherapy services" does not include religious counseling or peer support.Bus. & Prof. Code § 4989.82(g), including through the use of artificial intelligenceUse of artificial intelligence"Use of artificial intelligence" means the use of artificial intelligence tools or systems to assist in providing administrative support or supplementary support in psychotherapy services.Bus. & Prof. Code § 4989.82(k), to the public in this state unless the psychotherapy servicesPsychotherapy services"Psychotherapy services" means services provided to diagnose, treat, or improve an individual's mental health or substance use disorder condition. "Psychotherapy services" does not include religious counseling or peer support.Bus. & Prof. Code § 4989.82(g) are conducted by an individual who is a licensed professionalLicensed professional\"Licensed professional\" has the same meaning as \"psychotherapist\" as defined in Section 1010 of the Evidence Code.Bus. & Prof. Code § 4989.82(d).
(b) 3 When providing psychotherapy servicesPsychotherapy services"Psychotherapy services" means services provided to diagnose, treat, or improve an individual's mental health or substance use disorder condition. "Psychotherapy services" does not include religious counseling or peer support.Bus. & Prof. Code § 4989.82(g) or conducting triage or screeningTriage or screening\"Triage or screening\" means the assessment of an individual's health concerns and symptoms for the purpose of determining the urgency, clinical nature, or appropriate level of the individual's need for psychotherapy services.Bus. & Prof. Code § 4989.82(j), an individual, corporation, or entity may use artificial intelligenceArtificial intelligence"Artificial intelligence" means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments.Bus. & Prof. Code § 4989.82(b) only to the extent the use meets the requirements of this chapter and shall not allow artificial intelligenceArtificial intelligence"Artificial intelligence" means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments.Bus. & Prof. Code § 4989.82(b) to do any of the following: (1) Make independent therapeutic decisions. (2) Directly interact with clients in any form of psychotherapeutic communicationPsychotherapeutic communication"Psychotherapeutic communication" means any verbal, nonverbal, or written interaction conducted in a clinical or professional setting that is intended to diagnose, treat, or address an individual's mental, emotional, or behavioral health concerns. "Psychotherapeutic communication" includes, but is not limited to, any of the following: (A) Direct interactions with clients for the purpose of understanding or reflecting their thoughts, emotions, or experiences. (B) Providing guidance, therapeutic strategies, or interventions designed to achieve mental health outcomes. (C) Offering emotional support, reassurance, or empathy in response to psychological or emotional distress. (D) Collaborating with clients to develop or modify therapeutic goals or treatment plans. (E) Offering behavioral feedback intended to promote psychological growth or address mental health conditions. "Psychotherapeutic communication" does not include the discussion of a patient's use of artificial intelligence in a clinical setting.Bus. & Prof. Code § 4989.82(f), unless the tool or system is consistent with the United States Food and Drug Administration guidance for low-risk general wellness products or clinical support software, and is compliant with the federal Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191). (3) Generate therapeutic recommendations, assessment results, diagnoses, or treatment plans without review and approval by the licensed professionalLicensed professional\"Licensed professional\" has the same meaning as \"psychotherapist\" as defined in Section 1010 of the Evidence Code.Bus. & Prof. Code § 4989.82(d). (4) Detect emotions or mental states. (5) Assess an individual's health concerns or symptoms for the purpose of determining the urgency, clinical nature, or appropriate level of the individual's need for psychotherapy servicesPsychotherapy services"Psychotherapy services" means services provided to diagnose, treat, or improve an individual's mental health or substance use disorder condition. "Psychotherapy services" does not include religious counseling or peer support.Bus. & Prof. Code § 4989.82(g).
(c) 4 If a licensed professionalLicensed professional\"Licensed professional\" has the same meaning as \"psychotherapist\" as defined in Section 1010 of the Evidence Code.Bus. & Prof. Code § 4989.82(d) uses artificial intelligenceArtificial intelligence"Artificial intelligence" means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments.Bus. & Prof. Code § 4989.82(b) in connection with psychotherapy servicesPsychotherapy services"Psychotherapy services" means services provided to diagnose, treat, or improve an individual's mental health or substance use disorder condition. "Psychotherapy services" does not include religious counseling or peer support.Bus. & Prof. Code § 4989.82(g) or triage or screeningTriage or screening\"Triage or screening\" means the assessment of an individual's health concerns and symptoms for the purpose of determining the urgency, clinical nature, or appropriate level of the individual's need for psychotherapy services.Bus. & Prof. Code § 4989.82(j) and the use has not been selected, provided, directed, or mandated by an employing or contracting entity, the licensed professionalLicensed professional\"Licensed professional\" has the same meaning as \"psychotherapist\" as defined in Section 1010 of the Evidence Code.Bus. & Prof. Code § 4989.82(d) shall be responsible for both of the following: (1) Ensuring the artificial intelligenceArtificial intelligence"Artificial intelligence" means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments.Bus. & Prof. Code § 4989.82(b) is deployed in compliance with this chapter. (2) Ensuring the artificial intelligenceArtificial intelligence"Artificial intelligence" means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments.Bus. & Prof. Code § 4989.82(b) is used in a clinically appropriate manner.
(d) 5 If a licensed professionalLicensed professional\"Licensed professional\" has the same meaning as \"psychotherapist\" as defined in Section 1010 of the Evidence Code.Bus. & Prof. Code § 4989.82(d) uses artificial intelligenceArtificial intelligence"Artificial intelligence" means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments.Bus. & Prof. Code § 4989.82(b) required or authorized by their employer or contracting entity, the following shall apply: (1) The employer or contracting entity shall be responsible for both of the following: (A) Ensuring the artificial intelligenceArtificial intelligence"Artificial intelligence" means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments.Bus. & Prof. Code § 4989.82(b) is deployed in compliance with this chapter. (B) Directing the licensed professionalLicensed professional\"Licensed professional\" has the same meaning as \"psychotherapist\" as defined in Section 1010 of the Evidence Code.Bus. & Prof. Code § 4989.82(d) to use the artificial intelligenceArtificial intelligence"Artificial intelligence" means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments.Bus. & Prof. Code § 4989.82(b) in compliance with this chapter. (2) The licensed professionalLicensed professional\"Licensed professional\" has the same meaning as \"psychotherapist\" as defined in Section 1010 of the Evidence Code.Bus. & Prof. Code § 4989.82(d) shall use artificial intelligenceArtificial intelligence"Artificial intelligence" means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments.Bus. & Prof. Code § 4989.82(b) in a clinically appropriate manner.
This is the bill's most substantive operative section, imposing four distinct categories of obligation. First, it prohibits anyone from offering, advertising, or providing psychotherapy services to the public in California unless conducted by a licensed professional — effectively barring standalone AI therapy products. Second, it enumerates five specific prohibited AI uses when providing psychotherapy services or triage/screening: making independent therapeutic decisions, directly interacting with clients in psychotherapeutic communication (with a narrow FDA-compliant exception), generating therapeutic recommendations or treatment plans without licensed professional review, detecting emotions or mental states, and assessing individuals for psychotherapy needs. Third, when a licensed professional independently selects an AI tool, that professional bears responsibility for chapter compliance and clinically appropriate use. Fourth, when AI use is required or authorized by an employer or contracting entity, responsibility is split: the employer must ensure deployment compliance and direct the professional to comply, while the professional remains responsible for clinically appropriate use.
6 Use of artificial intelligenceUse of artificial intelligence"Use of artificial intelligence" means the use of artificial intelligence tools or systems to assist in providing administrative support or supplementary support in psychotherapy services.Bus. & Prof. Code § 4989.82(k) in psychotherapy records shall comply with the confidentiality required in Section 56.104 of the Civil Code. A company or entity shall not share, sell, store, or train their models on any data obtained from psychotherapy.
This section imposes two distinct data obligations. First, any use of AI in psychotherapy records must comply with the confidentiality requirements of Civil Code § 56.104, which governs the release of medical information relating to outpatient treatment with a psychotherapist and requires specific written disclosures to the patient before release. Second, the section categorically prohibits any company or entity from sharing, selling, storing, or training AI models on any data obtained from psychotherapy — a sweeping data use restriction that goes beyond typical HIPAA or state medical privacy law.
(a) A violation of this chapter is subject to the jurisdiction of the appropriate health care professional licensing board or enforcement agency.
(b) The appropriate health care professional licensing board may pursue an injunction or restraining order to enforce the provisions of this chapter, as authorized by Section 125.5.
(c) This section does not limit the authority of a health care professional licensing board or enforcement agency to pursue any remedy otherwise authorized by law.
(d) The appropriate health care professional licensing boards may adopt rules and regulations necessary to implement this chapter.
This section vests enforcement authority in the appropriate health care professional licensing board or enforcement agency. Boards may pursue injunctions or restraining orders under Business and Professions Code § 125.5 and may pursue any other remedy otherwise authorized by law. The section also authorizes boards to adopt rules and regulations necessary to implement the chapter. This is the enforcement framework — it creates no independent compliance obligation on regulated entities.
This chapter does not apply to any of the following: (a) Religious counselingReligious counseling"Religious counseling" means counseling provided by clergy members, pastoral counselors, or other religious leaders acting within the scope of their religious duties if the services are explicitly faith based and are not represented as clinical mental health services or psychotherapy services.Bus. & Prof. Code § 4989.82(h). (b) Peer supportPeer support"Peer support" means services provided by individuals with lived experience of mental health conditions or recovery from substance use that are intended to offer encouragement, understanding, and guidance without clinical intervention.Bus. & Prof. Code § 4989.82(e). (c) Self-help materials and educational resources that are available to the public and do not purport to offer psychotherapy servicesPsychotherapy services"Psychotherapy services" means services provided to diagnose, treat, or improve an individual's mental health or substance use disorder condition. "Psychotherapy services" does not include religious counseling or peer support.Bus. & Prof. Code § 4989.82(g). (d) Artificial intelligenceArtificial intelligence"Artificial intelligence" means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments.Bus. & Prof. Code § 4989.82(b) used solely for training or simulation purposes.
This section enumerates four categories of activity exempt from the chapter: religious counseling, peer support, self-help materials and educational resources that do not purport to offer psychotherapy services, and artificial intelligence used solely for training or simulation purposes. These carve-outs protect faith-based and community support services and delineate the boundary between regulated psychotherapy and non-clinical activities.