(1) AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE REQUIRES: (a) (I) "ADMINISTRATIVE SUPPORTAdministrative support"Administrative support" means tasks that: (A) Are performed to assist a licensee, registrant, certificate holder, or other individual lawfully permitted to provide psychotherapy services in the state in the delivery of psychotherapy services; and (B) Do not involve therapeutic communication. "Administrative support" includes the following, at a minimum: (A) Managing appointment scheduling and reminders; (B) Processing billing and insurance claims; and (C) Drafting general communications related to therapy logistics that do not include therapeutic advice.C.R.S. § 12-245-224.5(1)(a)" MEANS TASKS THAT: (A) ARE PERFORMED TO ASSIST A LICENSEE, REGISTRANT, CERTIFICATE HOLDER, OR OTHER INDIVIDUAL LAWFULLY PERMITTED TO PROVIDE PSYCHOTHERAPY SERVICES IN THE STATE IN THE DELIVERY OF PSYCHOTHERAPY SERVICES; AND (B) DO NOT INVOLVE THERAPEUTIC COMMUNICATIONTherapeutic communication"Therapeutic communication" means any verbal, nonverbal, or written interaction conducted in a clinical or professional setting that meets the definition of psychotherapy services. "Therapeutic communication" includes: (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 or behavioral 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; and (E) Offering behavioral feedback intended to promote psychological growth or to address mental or behavioral health conditions. "Therapeutic communication" does not include general wellness education, instruction, or guidance that is intended to promote overall health and well-being, rather than to diagnose, treat, or address a specific mental, emotional, or behavioral health concern.C.R.S. § 12-245-224.5(1)(e). (II) "ADMINISTRATIVE SUPPORTAdministrative support"Administrative support" means tasks that: (A) Are performed to assist a licensee, registrant, certificate holder, or other individual lawfully permitted to provide psychotherapy services in the state in the delivery of psychotherapy services; and (B) Do not involve therapeutic communication. "Administrative support" includes the following, at a minimum: (A) Managing appointment scheduling and reminders; (B) Processing billing and insurance claims; and (C) Drafting general communications related to therapy logistics that do not include therapeutic advice.C.R.S. § 12-245-224.5(1)(a)" INCLUDES THE FOLLOWING, AT A MINIMUM: (A) MANAGING APPOINTMENT SCHEDULING AND REMINDERS; (B) PROCESSING BILLING AND INSURANCE CLAIMS; AND (C) DRAFTING GENERAL COMMUNICATIONS RELATED TO THERAPY LOGISTICS THAT DO NOT INCLUDE THERAPEUTIC ADVICE. (b) "ARTIFICIAL INTELLIGENCE SYSTEMArtificial intelligence system"Artificial intelligence system" means any machine-based system that, for any explicit or implicit objective, infers from the inputs the system receives how to generate outputs, including content, decisions, predictions, or recommendations, that can influence physical or virtual environments.C.R.S. § 12-245-224.5(1)(b)" MEANS ANY MACHINE-BASED SYSTEM THAT, FOR ANY EXPLICIT OR IMPLICIT OBJECTIVE, INFERS FROM THE INPUTS THE SYSTEM RECEIVES HOW TO GENERATE OUTPUTS, INCLUDING CONTENT, DECISIONS, PREDICTIONS, OR RECOMMENDATIONS, THAT CAN INFLUENCE PHYSICAL OR VIRTUAL ENVIRONMENTS. (c) (I) "CONSENTConsent"Consent" means a clear, explicit, affirmative, specific, and unambiguous written agreement, including a written agreement provided by electronic means, entered into by an individual that is revocable by the individual. "Consent" does not include an agreement that is obtained by any of the following means: (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 interacting with a given piece of digital content in a manner that involves hovering over, muting, pausing, or closing the digital content; or (C) An agreement obtained through the use of deception.C.R.S. § 12-245-224.5(1)(c)" MEANS A CLEAR, EXPLICIT, AFFIRMATIVE, SPECIFIC, AND UNAMBIGUOUS WRITTEN AGREEMENT, INCLUDING A WRITTEN AGREEMENT PROVIDED BY ELECTRONIC MEANS, ENTERED INTO BY AN INDIVIDUAL THAT IS REVOCABLE BY THE INDIVIDUAL. (II) "CONSENTConsent"Consent" means a clear, explicit, affirmative, specific, and unambiguous written agreement, including a written agreement provided by electronic means, entered into by an individual that is revocable by the individual. "Consent" does not include an agreement that is obtained by any of the following means: (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 interacting with a given piece of digital content in a manner that involves hovering over, muting, pausing, or closing the digital content; or (C) An agreement obtained through the use of deception.C.R.S. § 12-245-224.5(1)(c)" DOES NOT INCLUDE AN AGREEMENT THAT IS OBTAINED BY ANY OF THE FOLLOWING MEANS: (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 INTERACTING WITH A GIVEN PIECE OF DIGITAL CONTENT IN A MANNER THAT INVOLVES HOVERING OVER, MUTING, PAUSING, OR CLOSING THE DIGITAL CONTENT; OR (C) AN AGREEMENT OBTAINED THROUGH THE USE OF DECEPTION. (d) "SUPPLEMENTARY SUPPORTSupplementary support"Supplementary support" means tasks performed to assist a licensee, registrant, certificate holder, or other individual lawfully permitted to provide psychotherapy services in the state in the delivery of psychotherapy services that do not involve therapeutic communication and that are not administrative support. "Supplementary support" includes, at a minimum: (I) Preparing and maintaining client records, including therapy notes; (II) Analyzing data to track client progress or identify trends, subject to review by a licensee, registrant, certificate holder, or other individual lawfully permitted to provide psychotherapy services in the state; and (III) Identifying and organizing internal and external resources or referrals for client use.C.R.S. § 12-245-224.5(1)(d)" MEANS TASKS PERFORMED TO ASSIST A LICENSEE, REGISTRANT, CERTIFICATE HOLDER, OR OTHER INDIVIDUAL LAWFULLY PERMITTED TO PROVIDE PSYCHOTHERAPY SERVICES IN THE STATE IN THE DELIVERY OF PSYCHOTHERAPY SERVICES THAT DO NOT INVOLVE THERAPEUTIC COMMUNICATIONTherapeutic communication"Therapeutic communication" means any verbal, nonverbal, or written interaction conducted in a clinical or professional setting that meets the definition of psychotherapy services. "Therapeutic communication" includes: (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 or behavioral 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; and (E) Offering behavioral feedback intended to promote psychological growth or to address mental or behavioral health conditions. "Therapeutic communication" does not include general wellness education, instruction, or guidance that is intended to promote overall health and well-being, rather than to diagnose, treat, or address a specific mental, emotional, or behavioral health concern.C.R.S. § 12-245-224.5(1)(e) AND THAT ARE NOT ADMINISTRATIVE SUPPORTAdministrative support"Administrative support" means tasks that: (A) Are performed to assist a licensee, registrant, certificate holder, or other individual lawfully permitted to provide psychotherapy services in the state in the delivery of psychotherapy services; and (B) Do not involve therapeutic communication. "Administrative support" includes the following, at a minimum: (A) Managing appointment scheduling and reminders; (B) Processing billing and insurance claims; and (C) Drafting general communications related to therapy logistics that do not include therapeutic advice.C.R.S. § 12-245-224.5(1)(a). "SUPPLEMENTARY SUPPORTSupplementary support"Supplementary support" means tasks performed to assist a licensee, registrant, certificate holder, or other individual lawfully permitted to provide psychotherapy services in the state in the delivery of psychotherapy services that do not involve therapeutic communication and that are not administrative support. "Supplementary support" includes, at a minimum: (I) Preparing and maintaining client records, including therapy notes; (II) Analyzing data to track client progress or identify trends, subject to review by a licensee, registrant, certificate holder, or other individual lawfully permitted to provide psychotherapy services in the state; and (III) Identifying and organizing internal and external resources or referrals for client use.C.R.S. § 12-245-224.5(1)(d)" INCLUDES, AT A MINIMUM: (I) PREPARING AND MAINTAINING CLIENT RECORDS, INCLUDING THERAPY NOTES; (II) ANALYZING DATA TO TRACK CLIENT PROGRESS OR IDENTIFY TRENDS, SUBJECT TO REVIEW BY A LICENSEE, REGISTRANT, CERTIFICATE HOLDER, OR OTHER INDIVIDUAL LAWFULLY PERMITTED TO PROVIDE PSYCHOTHERAPY SERVICES IN THE STATE; AND (III) IDENTIFYING AND ORGANIZING INTERNAL AND EXTERNAL RESOURCES OR REFERRALS FOR CLIENT USE. (e) (I) "THERAPEUTIC COMMUNICATIONTherapeutic communication"Therapeutic communication" means any verbal, nonverbal, or written interaction conducted in a clinical or professional setting that meets the definition of psychotherapy services. "Therapeutic communication" includes: (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 or behavioral 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; and (E) Offering behavioral feedback intended to promote psychological growth or to address mental or behavioral health conditions. "Therapeutic communication" does not include general wellness education, instruction, or guidance that is intended to promote overall health and well-being, rather than to diagnose, treat, or address a specific mental, emotional, or behavioral health concern.C.R.S. § 12-245-224.5(1)(e)" MEANS ANY VERBAL, NONVERBAL, OR WRITTEN INTERACTION CONDUCTED IN A CLINICAL OR PROFESSIONAL SETTING THAT MEETS THE DEFINITION OF PSYCHOTHERAPY SERVICES. "THERAPEUTIC COMMUNICATIONTherapeutic communication"Therapeutic communication" means any verbal, nonverbal, or written interaction conducted in a clinical or professional setting that meets the definition of psychotherapy services. "Therapeutic communication" includes: (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 or behavioral 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; and (E) Offering behavioral feedback intended to promote psychological growth or to address mental or behavioral health conditions. "Therapeutic communication" does not include general wellness education, instruction, or guidance that is intended to promote overall health and well-being, rather than to diagnose, treat, or address a specific mental, emotional, or behavioral health concern.C.R.S. § 12-245-224.5(1)(e)" INCLUDES: (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 OR BEHAVIORAL 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; AND (E) OFFERING BEHAVIORAL FEEDBACK INTENDED TO PROMOTE PSYCHOLOGICAL GROWTH OR TO ADDRESS MENTAL OR BEHAVIORAL HEALTH CONDITIONS. (II) "THERAPEUTIC COMMUNICATIONTherapeutic communication"Therapeutic communication" means any verbal, nonverbal, or written interaction conducted in a clinical or professional setting that meets the definition of psychotherapy services. "Therapeutic communication" includes: (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 or behavioral 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; and (E) Offering behavioral feedback intended to promote psychological growth or to address mental or behavioral health conditions. "Therapeutic communication" does not include general wellness education, instruction, or guidance that is intended to promote overall health and well-being, rather than to diagnose, treat, or address a specific mental, emotional, or behavioral health concern.C.R.S. § 12-245-224.5(1)(e)" DOES NOT INCLUDE GENERAL WELLNESS EDUCATION, INSTRUCTION, OR GUIDANCE THAT IS INTENDED TO PROMOTE OVERALL HEALTH AND WELL-BEING, RATHER THAN TO DIAGNOSE, TREAT, OR ADDRESS A SPECIFIC MENTAL, EMOTIONAL, OR BEHAVIORAL HEALTH CONCERN.

(2) 1 A LICENSEE, REGISTRANT, CERTIFICATE HOLDER, OR OTHER INDIVIDUAL LAWFULLY PERMITTED TO PROVIDE PSYCHOTHERAPY SERVICES IN THE STATE MAY USE AN ARTIFICIAL INTELLIGENCE SYSTEMArtificial intelligence system"Artificial intelligence system" means any machine-based system that, for any explicit or implicit objective, infers from the inputs the system receives how to generate outputs, including content, decisions, predictions, or recommendations, that can influence physical or virtual environments.C.R.S. § 12-245-224.5(1)(b) TO ASSIST IN PROVIDING ADMINISTRATIVE SUPPORTAdministrative support"Administrative support" means tasks that: (A) Are performed to assist a licensee, registrant, certificate holder, or other individual lawfully permitted to provide psychotherapy services in the state in the delivery of psychotherapy services; and (B) Do not involve therapeutic communication. "Administrative support" includes the following, at a minimum: (A) Managing appointment scheduling and reminders; (B) Processing billing and insurance claims; and (C) Drafting general communications related to therapy logistics that do not include therapeutic advice.C.R.S. § 12-245-224.5(1)(a) OR SUPPLEMENTARY SUPPORTSupplementary support"Supplementary support" means tasks performed to assist a licensee, registrant, certificate holder, or other individual lawfully permitted to provide psychotherapy services in the state in the delivery of psychotherapy services that do not involve therapeutic communication and that are not administrative support. "Supplementary support" includes, at a minimum: (I) Preparing and maintaining client records, including therapy notes; (II) Analyzing data to track client progress or identify trends, subject to review by a licensee, registrant, certificate holder, or other individual lawfully permitted to provide psychotherapy services in the state; and (III) Identifying and organizing internal and external resources or referrals for client use.C.R.S. § 12-245-224.5(1)(d) FOR PSYCHOTHERAPY SERVICES IF THE LICENSEE, REGISTRANT, CERTIFICATE HOLDER, OR OTHER INDIVIDUAL LAWFULLY PERMITTED TO PROVIDE PSYCHOTHERAPY SERVICES IN THE STATE MAINTAINS RESPONSIBILITY FOR REVIEWING ANY OUTPUTS OF THE ARTIFICIAL INTELLIGENCE SYSTEMArtificial intelligence system"Artificial intelligence system" means any machine-based system that, for any explicit or implicit objective, infers from the inputs the system receives how to generate outputs, including content, decisions, predictions, or recommendations, that can influence physical or virtual environments.C.R.S. § 12-245-224.5(1)(b) USED TO PROVIDE ADMINISTRATIVE SUPPORTAdministrative support"Administrative support" means tasks that: (A) Are performed to assist a licensee, registrant, certificate holder, or other individual lawfully permitted to provide psychotherapy services in the state in the delivery of psychotherapy services; and (B) Do not involve therapeutic communication. "Administrative support" includes the following, at a minimum: (A) Managing appointment scheduling and reminders; (B) Processing billing and insurance claims; and (C) Drafting general communications related to therapy logistics that do not include therapeutic advice.C.R.S. § 12-245-224.5(1)(a) OR SUPPLEMENTARY SUPPORTSupplementary support"Supplementary support" means tasks performed to assist a licensee, registrant, certificate holder, or other individual lawfully permitted to provide psychotherapy services in the state in the delivery of psychotherapy services that do not involve therapeutic communication and that are not administrative support. "Supplementary support" includes, at a minimum: (I) Preparing and maintaining client records, including therapy notes; (II) Analyzing data to track client progress or identify trends, subject to review by a licensee, registrant, certificate holder, or other individual lawfully permitted to provide psychotherapy services in the state; and (III) Identifying and organizing internal and external resources or referrals for client use.C.R.S. § 12-245-224.5(1)(d) AND SATISFIES THE REQUIREMENTS SET FORTH IN SUBSECTION (4) OF THIS SECTION.

(3) THE USE OF AN ARTIFICIAL INTELLIGENCE SYSTEMArtificial intelligence system"Artificial intelligence system" means any machine-based system that, for any explicit or implicit objective, infers from the inputs the system receives how to generate outputs, including content, decisions, predictions, or recommendations, that can influence physical or virtual environments.C.R.S. § 12-245-224.5(1)(b) IS SUBJECT TO AND MUST COMPLY WITH APPLICABLE STATE AND FEDERAL PRIVACY AND SECURITY LAWS, INCLUDING THE "HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996", PUB.L. 104-191, AND ITS IMPLEMENTING REGULATIONS.

(4)(a)–(b) 2 A LICENSEE, REGISTRANT, CERTIFICATE HOLDER, OR OTHER INDIVIDUAL LAWFULLY PERMITTED TO PROVIDE PSYCHOTHERAPY SERVICES IN THE STATE SHALL NOT USE AN ARTIFICIAL INTELLIGENCE SYSTEMArtificial intelligence system"Artificial intelligence system" means any machine-based system that, for any explicit or implicit objective, infers from the inputs the system receives how to generate outputs, including content, decisions, predictions, or recommendations, that can influence physical or virtual environments.C.R.S. § 12-245-224.5(1)(b) TO RECORD OR TRANSCRIBE A CLIENT'S THERAPEUTIC SESSION, UNLESS: (I) THE CLIENT OR THE CLIENT'S LEGALLY AUTHORIZED REPRESENTATIVE IS INFORMED IN ADVANCE IN WRITING OF THE FOLLOWING: (A) THAT AN ARTIFICIAL INTELLIGENCE SYSTEMArtificial intelligence system"Artificial intelligence system" means any machine-based system that, for any explicit or implicit objective, infers from the inputs the system receives how to generate outputs, including content, decisions, predictions, or recommendations, that can influence physical or virtual environments.C.R.S. § 12-245-224.5(1)(b) WILL BE USED; AND (B) THE SPECIFIC PURPOSE FOR WHICH THE ARTIFICIAL INTELLIGENCE SYSTEMArtificial intelligence system"Artificial intelligence system" means any machine-based system that, for any explicit or implicit objective, infers from the inputs the system receives how to generate outputs, including content, decisions, predictions, or recommendations, that can influence physical or virtual environments.C.R.S. § 12-245-224.5(1)(b) WILL BE USED; (II) THE CLIENT OR THE CLIENT'S LEGALLY AUTHORIZED REPRESENTATIVE CONSENTSConsent"Consent" means a clear, explicit, affirmative, specific, and unambiguous written agreement, including a written agreement provided by electronic means, entered into by an individual that is revocable by the individual. "Consent" does not include an agreement that is obtained by any of the following means: (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 interacting with a given piece of digital content in a manner that involves hovering over, muting, pausing, or closing the digital content; or (C) An agreement obtained through the use of deception.C.R.S. § 12-245-224.5(1)(c) IN WRITING TO THE USE OF THE ARTIFICIAL INTELLIGENCE SYSTEMArtificial intelligence system"Artificial intelligence system" means any machine-based system that, for any explicit or implicit objective, infers from the inputs the system receives how to generate outputs, including content, decisions, predictions, or recommendations, that can influence physical or virtual environments.C.R.S. § 12-245-224.5(1)(b); AND (III) THE CLIENT'S REFUSAL TO PROVIDE OR LATER DECISION TO REVOKE THE CONSENTConsent"Consent" means a clear, explicit, affirmative, specific, and unambiguous written agreement, including a written agreement provided by electronic means, entered into by an individual that is revocable by the individual. "Consent" does not include an agreement that is obtained by any of the following means: (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 interacting with a given piece of digital content in a manner that involves hovering over, muting, pausing, or closing the digital content; or (C) An agreement obtained through the use of deception.C.R.S. § 12-245-224.5(1)(c) REQUIRED PURSUANT TO SUBSECTION (4)(a)(II) OF THIS SECTION SHALL NOT BE USED AS A BASIS TO DENY PSYCHOTHERAPY SERVICES. (b) THE CONSENTConsent"Consent" means a clear, explicit, affirmative, specific, and unambiguous written agreement, including a written agreement provided by electronic means, entered into by an individual that is revocable by the individual. "Consent" does not include an agreement that is obtained by any of the following means: (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 interacting with a given piece of digital content in a manner that involves hovering over, muting, pausing, or closing the digital content; or (C) An agreement obtained through the use of deception.C.R.S. § 12-245-224.5(1)(c) REQUIRED PURSUANT TO SUBSECTION (4)(a)(II) OF THIS SECTION FOR THE USE OF AN ARTIFICIAL INTELLIGENCE SYSTEMArtificial intelligence system"Artificial intelligence system" means any machine-based system that, for any explicit or implicit objective, infers from the inputs the system receives how to generate outputs, including content, decisions, predictions, or recommendations, that can influence physical or virtual environments.C.R.S. § 12-245-224.5(1)(b) TO RECORD OR TRANSCRIBE THERAPEUTIC SESSIONS IS REQUIRED ONLY FOR THE INITIAL USE OF THE ARTIFICIAL INTELLIGENCE SYSTEMArtificial intelligence system"Artificial intelligence system" means any machine-based system that, for any explicit or implicit objective, infers from the inputs the system receives how to generate outputs, including content, decisions, predictions, or recommendations, that can influence physical or virtual environments.C.R.S. § 12-245-224.5(1)(b) OCCURRING ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION AND NOT FOR EACH SUBSEQUENT THERAPEUTIC SESSION, UNLESS THE PURPOSE OR MANNER OF USE MATERIALLY CHANGES.

(5)(a)–(b) 3 A LICENSEE, REGISTRANT, CERTIFICATE HOLDER, OR OTHER INDIVIDUAL LAWFULLY PERMITTED TO PROVIDE PSYCHOTHERAPY SERVICES IN THE STATE SHALL NOT ALLOW AN ARTIFICIAL INTELLIGENCE SYSTEMArtificial intelligence system"Artificial intelligence system" means any machine-based system that, for any explicit or implicit objective, infers from the inputs the system receives how to generate outputs, including content, decisions, predictions, or recommendations, that can influence physical or virtual environments.C.R.S. § 12-245-224.5(1)(b) TO DO ANY OF THE FOLLOWING: (a) INTERACT WITH CLIENTS IN ANY FORM OF THERAPEUTIC COMMUNICATIONTherapeutic communication"Therapeutic communication" means any verbal, nonverbal, or written interaction conducted in a clinical or professional setting that meets the definition of psychotherapy services. "Therapeutic communication" includes: (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 or behavioral 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; and (E) Offering behavioral feedback intended to promote psychological growth or to address mental or behavioral health conditions. "Therapeutic communication" does not include general wellness education, instruction, or guidance that is intended to promote overall health and well-being, rather than to diagnose, treat, or address a specific mental, emotional, or behavioral health concern.C.R.S. § 12-245-224.5(1)(e) WITHOUT SYNCHRONOUS, REAL-TIME INTERACTION BETWEEN THE LICENSEE, REGISTRANT, CERTIFICATE HOLDER, OR OTHER INDIVIDUAL LAWFULLY PERMITTED TO PROVIDE PSYCHOTHERAPY SERVICES IN THE STATE, THE ARTIFICIAL INTELLIGENCE SYSTEMArtificial intelligence system"Artificial intelligence system" means any machine-based system that, for any explicit or implicit objective, infers from the inputs the system receives how to generate outputs, including content, decisions, predictions, or recommendations, that can influence physical or virtual environments.C.R.S. § 12-245-224.5(1)(b), AND THE CLIENT; OR (b) GENERATE THERAPEUTIC RECOMMENDATIONS OR TREATMENT PLANS WITHOUT REVIEW AND APPROVAL BY THE LICENSEE, REGISTRANT, CERTIFICATE HOLDER, OR OTHER INDIVIDUAL LAWFULLY PERMITTED TO PROVIDE PSYCHOTHERAPY SERVICES IN THE STATE.

(6) 4 EXCEPT AS PROVIDED IN SUBSECTIONS (7) AND (8) OF THIS SECTION, A LICENSEE, REGISTRANT, CERTIFICATE HOLDER, OR OTHER INDIVIDUAL LAWFULLY PERMITTED TO PROVIDE PSYCHOTHERAPY SERVICES IN THE STATE SHALL NOT USE AN ARTIFICIAL INTELLIGENCE SYSTEMArtificial intelligence system"Artificial intelligence system" means any machine-based system that, for any explicit or implicit objective, infers from the inputs the system receives how to generate outputs, including content, decisions, predictions, or recommendations, that can influence physical or virtual environments.C.R.S. § 12-245-224.5(1)(b) TO PROVIDE, DIRECT, GUIDE, OR ATTEMPT TO PROVIDE, DIRECT, OR GUIDE PSYCHOTHERAPY, CLINICAL INTERVENTION, COUNSELING, DIAGNOSIS, TREATMENT PLANNING, OR ANY OTHER ACTIVITY THAT CONSTITUTES THE PRACTICE OF PSYCHOTHERAPY WITH AN INDIVIDUAL OR A GROUP UNLESS THE USE COMPLIES WITH SUBSECTION (5) OF THIS SECTION.

(7)(a)–(c) NOTHING IN THIS SECTION PROHIBITS A LICENSEE, REGISTRANT, CERTIFICATE HOLDER, OR OTHER INDIVIDUAL LAWFULLY PERMITTED TO PROVIDE PSYCHOTHERAPY SERVICES IN THE STATE FROM USING AN ARTIFICIAL INTELLIGENCE SYSTEMArtificial intelligence system"Artificial intelligence system" means any machine-based system that, for any explicit or implicit objective, infers from the inputs the system receives how to generate outputs, including content, decisions, predictions, or recommendations, that can influence physical or virtual environments.C.R.S. § 12-245-224.5(1)(b) WITHIN AN ACCREDITED OR APPROVED EDUCATIONAL, INSTRUCTIONAL, OR PROFESSIONAL TRAINING PROGRAM, SO LONG AS THE ARTIFICIAL INTELLIGENCE SYSTEMArtificial intelligence system"Artificial intelligence system" means any machine-based system that, for any explicit or implicit objective, infers from the inputs the system receives how to generate outputs, including content, decisions, predictions, or recommendations, that can influence physical or virtual environments.C.R.S. § 12-245-224.5(1)(b): (a) IS USED SOLELY FOR EDUCATIONAL, ADMINISTRATIVE, SIMULATION, OR TRAINING PURPOSES; (b) NOTWITHSTANDING SUBSECTION (5)(a) OF THIS SECTION, IS NOT DEPLOYED, MARKETED, OR REPRESENTED AS A TOOL FOR USE WITH CLIENTS, PATIENTS, OR MEMBERS OF THE PUBLIC; AND (c) FOR ANY SIMULATION, TRAINING MODULE, OR EDUCATIONAL ACTIVITY THAT INCLUDES CONTENT RELATED TO CLINICAL DECISION-MAKING, IS REVIEWED OR CONTROLLED BY AN INDIVIDUAL LICENSED, CERTIFIED, REGISTERED, OR OTHERWISE LAWFULLY PERMITTED TO PROVIDE PSYCHOTHERAPY SERVICES IN THE STATE.

(8) NOTHING IN THIS SECTION PROHIBITS A LICENSEE, REGISTRANT, CERTIFICATE HOLDER, OR OTHER INDIVIDUAL LAWFULLY PERMITTED TO PROVIDE PSYCHOTHERAPY SERVICES IN THE STATE FROM BEING INVOLVED IN THE DEVELOPMENT, TESTING, OR EVALUATION OF AN ARTIFICIAL INTELLIGENCE SYSTEMArtificial intelligence system"Artificial intelligence system" means any machine-based system that, for any explicit or implicit objective, infers from the inputs the system receives how to generate outputs, including content, decisions, predictions, or recommendations, that can influence physical or virtual environments.C.R.S. § 12-245-224.5(1)(b) SOLELY FOR RESEARCH PURPOSES CONDUCTED UNDER THE OVERSIGHT OF AN INSTITUTIONAL REVIEW BOARD REGISTERED WITH THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, SO LONG AS THE ARTIFICIAL INTELLIGENCE SYSTEMArtificial intelligence system"Artificial intelligence system" means any machine-based system that, for any explicit or implicit objective, infers from the inputs the system receives how to generate outputs, including content, decisions, predictions, or recommendations, that can influence physical or virtual environments.C.R.S. § 12-245-224.5(1)(b) IS NOT OFFERED TO CONSUMERS OR USED TO PROVIDE PSYCHOTHERAPY SERVICES OUTSIDE OF THE RESEARCH SETTING.

(9)(a)–(c) THIS SECTION DOES NOT APPLY TO A LICENSEE, REGISTRANT, CERTIFICATE HOLDER, OR OTHER INDIVIDUAL LAWFULLY PERMITTED TO PROVIDE PSYCHOTHERAPY SERVICES IN THE STATE WHO USES OR RECOMMENDS THE USE OF A TECHNOLOGY OR SERVICE THAT: (a) PROVIDES SELF-HELP, THERAPEUTIC HOMEWORK, COACHING, GUIDED MEDITATION, JOURNALING, REFLECTIONS, PSYCHOEDUCATION, GOAL SETTING, PROGRESS TRACKING, THERAPEUTIC SESSION PREPARATION, THERAPEUTIC SESSION SUMMARIES, MOOD MONITORING, MINDFULNESS EXERCISES, BREATHING EXERCISES, CRISIS RESOURCE DIRECTORIES, SAFETY PLANNING, OTHER WELLNESS TOOLS, OR FEDERAL FOOD AND DRUG ADMINISTRATION-APPROVED TECHNOLOGY OR ARTIFICIAL INTELLIGENCE SYSTEMSArtificial intelligence system"Artificial intelligence system" means any machine-based system that, for any explicit or implicit objective, infers from the inputs the system receives how to generate outputs, including content, decisions, predictions, or recommendations, that can influence physical or virtual environments.C.R.S. § 12-245-224.5(1)(b); (b) DOES NOT DIAGNOSE OR TREAT MENTAL HEALTH DISORDERS; AND (c) CLEARLY DISCLOSES THAT THE TECHNOLOGY OR SERVICE IS NOT A SUBSTITUTE FOR CLINICAL CARE.

(1)(a)–(c) 5 A PERSON SHALL NOT USE ANY TERM, LETTER, OR PHRASE IN THE ADVERTISING, INTERFACE, OR OUTPUTS OF AN ARTIFICIAL INTELLIGENCE SYSTEMArtificial intelligence system"Artificial intelligence system" means any machine-based system that, for any explicit or implicit objective, infers from the inputs the system receives how to generate outputs, including content, decisions, predictions, or recommendations, that can influence physical or virtual environments.C.R.S. § 12-245-224.5(1)(b) IN A MANNER THAT: (a) INDICATES OR IMPLIES THAT THE ARTIFICIAL INTELLIGENCE SYSTEMArtificial intelligence system"Artificial intelligence system" means any machine-based system that, for any explicit or implicit objective, infers from the inputs the system receives how to generate outputs, including content, decisions, predictions, or recommendations, that can influence physical or virtual environments.C.R.S. § 12-245-224.5(1)(b)'S OUTPUT DATA IS BEING PROVIDED BY, IS ENDORSED BY, OR IS EQUIVALENT TO SERVICES PROVIDED BY AN INDIVIDUAL LICENSED, REGISTERED, OR CERTIFIED IN THE STATE PURSUANT TO ARTICLE 245 OF TITLE 12 TO ENGAGE IN THE PRACTICE OF PSYCHOTHERAPY OR TO PROVIDE PSYCHOTHERAPY SERVICES; (b) REPRESENTS THAT THE ARTIFICIAL INTELLIGENCE SYSTEMArtificial intelligence system"Artificial intelligence system" means any machine-based system that, for any explicit or implicit objective, infers from the inputs the system receives how to generate outputs, including content, decisions, predictions, or recommendations, that can influence physical or virtual environments.C.R.S. § 12-245-224.5(1)(b) PROVIDES PSYCHOTHERAPY SERVICES; OR (c) REPRESENTS THAT A USER'S DATA OR INFORMATION IS CONFIDENTIAL.

(2) 6 A PERSON SHALL NOT PROVIDE, ADVERTISE, OR OTHERWISE OFFER PSYCHOTHERAPY SERVICES TO THE PUBLIC IN THE STATE, INCLUDING THROUGH THE USE OF AN ARTIFICIAL INTELLIGENCE SYSTEMArtificial intelligence system"Artificial intelligence system" means any machine-based system that, for any explicit or implicit objective, infers from the inputs the system receives how to generate outputs, including content, decisions, predictions, or recommendations, that can influence physical or virtual environments.C.R.S. § 12-245-224.5(1)(b), UNLESS THE PSYCHOTHERAPY SERVICES ARE CONDUCTED IN ACCORDANCE WITH THIS SECTION BY A LICENSEE, REGISTRANT, CERTIFICATE HOLDER, OR OTHER INDIVIDUAL LAWFULLY PERMITTED TO PROVIDE PSYCHOTHERAPY SERVICES IN THE STATE.

(3) 7 EXCEPT AS PROVIDED IN SUBSECTIONS (4) AND (5) OF THIS SECTION, AN ARTIFICIAL INTELLIGENCE SYSTEMArtificial intelligence system"Artificial intelligence system" means any machine-based system that, for any explicit or implicit objective, infers from the inputs the system receives how to generate outputs, including content, decisions, predictions, or recommendations, that can influence physical or virtual environments.C.R.S. § 12-245-224.5(1)(b) MUST NOT PROVIDE, DIRECT, GUIDE, OR ATTEMPT TO PROVIDE, DIRECT, OR GUIDE PSYCHOTHERAPY, CLINICAL INTERVENTION, COUNSELING, DIAGNOSIS, TREATMENT PLANNING, OR ANY OTHER ACTIVITY THAT CONSTITUTES THE PRACTICE OF PSYCHOTHERAPY WITH AN INDIVIDUAL OR A GROUP UNLESS THE USE COMPLIES WITH SECTION 12-245-224.5 (5)(a).

(4)(a)–(c) NOTHING IN THIS SECTION PROHIBITS THE USE OF AN ARTIFICIAL INTELLIGENCE SYSTEMArtificial intelligence system"Artificial intelligence system" means any machine-based system that, for any explicit or implicit objective, infers from the inputs the system receives how to generate outputs, including content, decisions, predictions, or recommendations, that can influence physical or virtual environments.C.R.S. § 12-245-224.5(1)(b) WITHIN AN ACCREDITED OR APPROVED EDUCATIONAL, INSTRUCTIONAL, OR PROFESSIONAL TRAINING PROGRAM, SO LONG AS THE ARTIFICIAL INTELLIGENCE SYSTEMArtificial intelligence system"Artificial intelligence system" means any machine-based system that, for any explicit or implicit objective, infers from the inputs the system receives how to generate outputs, including content, decisions, predictions, or recommendations, that can influence physical or virtual environments.C.R.S. § 12-245-224.5(1)(b): (a) IS USED SOLELY FOR EDUCATIONAL, ADMINISTRATIVE, SIMULATION, OR TRAINING PURPOSES; (b) NOTWITHSTANDING SECTION 12-245-224.5 (5)(a), IS NOT DEPLOYED, MARKETED, OR REPRESENTED AS A TOOL FOR USE WITH CLIENTS, PATIENTS, OR MEMBERS OF THE PUBLIC; AND (c) FOR ANY SIMULATION, TRAINING MODULE, OR EDUCATIONAL ACTIVITY THAT INCLUDES CONTENT RELATED TO CLINICAL DECISION-MAKING, IS REVIEWED OR CONTROLLED BY AN INDIVIDUAL LICENSED, CERTIFIED, REGISTERED, OR OTHERWISE LAWFULLY PERMITTED TO PROVIDE PSYCHOTHERAPY SERVICES IN THE STATE.

(5) NOTHING IN THIS SECTION PROHIBITS THE DEVELOPMENT, TESTING, OR EVALUATION OF AN ARTIFICIAL INTELLIGENCE SYSTEMArtificial intelligence system"Artificial intelligence system" means any machine-based system that, for any explicit or implicit objective, infers from the inputs the system receives how to generate outputs, including content, decisions, predictions, or recommendations, that can influence physical or virtual environments.C.R.S. § 12-245-224.5(1)(b) SOLELY FOR RESEARCH PURPOSES CONDUCTED UNDER THE OVERSIGHT OF AN INSTITUTIONAL REVIEW BOARD REGISTERED WITH THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, SO LONG AS THE ARTIFICIAL INTELLIGENCE SYSTEMArtificial intelligence system"Artificial intelligence system" means any machine-based system that, for any explicit or implicit objective, infers from the inputs the system receives how to generate outputs, including content, decisions, predictions, or recommendations, that can influence physical or virtual environments.C.R.S. § 12-245-224.5(1)(b) IS NOT OFFERED TO CONSUMERS OR USED TO PROVIDE PSYCHOTHERAPY SERVICES OUTSIDE OF THE RESEARCH SETTING.

(6)(a)–(c) THIS SECTION DOES NOT APPLY TO THE USE OF A TECHNOLOGY OR SERVICE THAT: (a) PROVIDES SELF-HELP, THERAPEUTIC HOMEWORK, COACHING, GUIDED MEDITATION, JOURNALING, REFLECTIONS, PSYCHOEDUCATION, GOAL SETTING, PROGRESS TRACKING, THERAPEUTIC SESSION PREPARATION, THERAPEUTIC SESSION SUMMARIES, MOOD MONITORING, MINDFULNESS EXERCISES, BREATHING EXERCISES, CRISIS RESOURCE DIRECTORIES, SAFETY PLANNING, OTHER WELLNESS TOOLS, OR FEDERAL FOOD AND DRUG ADMINISTRATION-APPROVED TECHNOLOGY OR ARTIFICIAL INTELLIGENCE SYSTEMSArtificial intelligence system"Artificial intelligence system" means any machine-based system that, for any explicit or implicit objective, infers from the inputs the system receives how to generate outputs, including content, decisions, predictions, or recommendations, that can influence physical or virtual environments.C.R.S. § 12-245-224.5(1)(b); (b) DOES NOT DIAGNOSE OR TREAT MENTAL HEALTH DISORDERS; AND (c) CLEARLY DISCLOSES THAT THE TECHNOLOGY OR SERVICE IS NOT A SUBSTITUTE FOR CLINICAL CARE.

(7)(a)–(c) AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE REQUIRES: (a) "ARTIFICIAL INTELLIGENCE SYSTEMArtificial intelligence system"Artificial intelligence system" means any machine-based system that, for any explicit or implicit objective, infers from the inputs the system receives how to generate outputs, including content, decisions, predictions, or recommendations, that can influence physical or virtual environments.C.R.S. § 12-245-224.5(1)(b)" HAS THE MEANING SET FORTH IN SECTION 12-245-224.5. (b) "PERSON" HAS THE MEANING SET FORTH IN SECTION 2-4-401 (8). (c) "PSYCHOTHERAPY" OR "PSYCHOTHERAPY SERVICES" HAS THE MEANING SET FORTH IN SECTION 12-245-202.

(1)–(2) This act takes effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly (August 12, 2026, if adjournment sine die is on May 13, 2026); except that, if a referendum petition is filed pursuant to section 1 (3) of article V of the state constitution against this act or an item, section, or part of this act within such period, then the act, item, section, or part will not take effect unless approved by the people at the general election to be held in November 2026 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor. (2) This act applies to actions taken on or after the applicable effective date of this act.