Laws & Statutes › FL › FL-H-0281
H-0281
FL · State · USA
FL
USA
● Pre-filed
Proposed Effective Date
2026-07-01
Florida HB 281 — An act relating to the use of artificial intelligence in psychological, clinical, counseling, and therapy services; creating ss. 490.016 and 491.019, F.S.
Prohibits licensed psychologists, school psychologists, clinical social workers, marriage and family therapists, mental health counselors, registered interns, and certificateholders from using artificial intelligence in the practice of their respective professions. Permits AI use only for administrative or supplementary support services (scheduling, non-therapeutic communications, billing, records management, data analysis) and for recording or transcribing therapy sessions with written informed consent obtained at least 24 hours in advance. The bill does not specify penalties, enforcement mechanisms, or a private right of action; enforcement would flow from existing professional licensing board disciplinary authority. Creates two parallel new sections — Fla. Stat. § 490.016 (psychology) and § 491.019 (clinical social work, marriage and family therapy, mental health counseling).
Legislative History
2025-10-28 introduced Filed
2025-11-04 committee referral Referred to Health Professions & Programs Subcommittee
2025-11-04 committee referral Referred to Information Technology Budget & Policy Subcommittee
2025-11-04 committee referral Referred to Health & Human Services Committee
2026-01-13 introduced 1st Reading (Original Filed Version)
Mapped Requirements
HC-02 AI in Licensed Professional Practice Restrictions
Official Sources
Full Text ↗
Entry Last Reviewed
2026-03-27
AI generated
Summary

Prohibits licensed psychologists, school psychologists, clinical social workers, marriage and family therapists, mental health counselors, registered interns, and certificateholders from using artificial intelligence in the practice of their respective professions. Permits AI use only for administrative or supplementary support services (scheduling, non-therapeutic communications, billing, records management, data analysis) and for recording or transcribing therapy sessions with written informed consent obtained at least 24 hours in advance. The bill does not specify penalties, enforcement mechanisms, or a private right of action; enforcement would flow from existing professional licensing board disciplinary authority. Creates two parallel new sections — Fla. Stat. § 490.016 (psychology) and § 491.019 (clinical social work, marriage and family therapy, mental health counseling).

Enforcement & Penalties
Enforcement Authority
No enforcement mechanism is specified in the bill. Enforcement would presumably be through the existing disciplinary authority of the Florida Board of Psychology (Chapter 490, F.S.) and the Florida Board of Clinical Social Work, Marriage and Family Therapy, and Mental Health Counseling (Chapter 491, F.S.) over their respective licensees, registered interns, and certificateholders. No private right of action is created.
Penalties
No damages, penalties, or remedies are specified in the bill. Violations would presumably be subject to existing professional licensing board disciplinary sanctions under Chapters 490 and 491, F.S.
Who Is Covered
Compliance Obligations 4 obligations · click obligation ID to open requirement page
HC-02 AI in Licensed Professional Practice Restrictions · HC-02.2 · Professional · Healthcare
Fla. Stat. § 490.016(2)
Plain Language
Licensed psychologists and school psychologists may not use AI in the practice of psychology, except for administrative and supplementary support functions. Permitted administrative uses include scheduling, non-therapeutic communications, billing, patient records management, and operational data analysis. Any clinical or therapeutic use of AI — including treatment recommendations, diagnostic support, or therapeutic interaction — is prohibited. The enumerated administrative exceptions are non-exhaustive ('include, but are not limited to'), so other genuinely administrative uses may also be permitted.
Statutory Text
(2) Except as otherwise provided in this section, a licensee may not use artificial intelligence in the practice of psychology or school psychology. A licensee may use artificial intelligence to: (a) Assist in administrative or supplementary support services. Administrative and supplementary support services include, but are not limited to, all of the following: 1. Managing appointment scheduling and reminders. 2. Drafting general communications related to therapy logistics that do not involve therapeutic advice. 3. Processing billing and insurance claims. 4. Preparing and managing patient records. 5. Analyzing data for operational purposes.
HC-02 AI in Licensed Professional Practice Restrictions · HC-02.4 · Professional · Healthcare
Fla. Stat. § 490.016(2)(b)
Plain Language
Licensed psychologists and school psychologists may use AI to record or transcribe counseling or therapy sessions, but only if they obtain written, informed consent from the patient at least 24 hours before the session in which the AI recording or transcription will be used. This is the sole permissible clinical-adjacent use of AI under the statute. Consent must be both written and informed — verbal consent is insufficient, and the 24-hour advance requirement means same-day consent is not compliant.
Statutory Text
(b) Record or transcribe a counseling or therapy session if a licensee obtains written, informed consent at least 24 hours before the provision of services.
HC-02 AI in Licensed Professional Practice Restrictions · HC-02.2 · Professional · Healthcare
Fla. Stat. § 491.019(2)
Plain Language
Licensed clinical social workers, marriage and family therapists, mental health counselors, registered interns, and certificateholders may not use AI in the practice of clinical social work, marriage and family therapy, or mental health counseling, except for administrative and supplementary support functions. The permitted administrative uses mirror those in § 490.016 — scheduling, non-therapeutic logistics communications, billing, records management, and operational data analysis. The covered population is broader than § 490.016, extending to registered interns and certificateholders in addition to licensees. Any clinical or therapeutic AI use is prohibited.
Statutory Text
(2) Except as otherwise provided in this section, a licensee, registered intern, or certificateholder may not use artificial intelligence in the practice of clinical social work, marriage and family therapy, or mental health counseling. A licensee, registered intern, or certificateholder may use artificial intelligence to: (a) Assist in administrative or supplementary support services. Administrative and supplementary support services include, but are not limited to, all of the following: 1. Managing appointment scheduling and reminders. 2. Drafting general communications related to therapy logistics that do not involve therapeutic advice. 3. Processing billing and insurance claims. 4. Preparing and managing patient records. 5. Analyzing data for operational purposes.
HC-02 AI in Licensed Professional Practice Restrictions · HC-02.4 · Professional · Healthcare
Fla. Stat. § 491.019(2)(b)
Plain Language
Licensed clinical social workers, marriage and family therapists, mental health counselors, registered interns, and certificateholders may use AI to record or transcribe counseling or therapy sessions, but only with written, informed consent obtained at least 24 hours before the session. This mirrors the consent requirement in § 490.016(2)(b) but applies to the broader set of professionals regulated under Chapter 491. Same-day consent is not compliant, and consent must be in writing.
Statutory Text
(b) Record or transcribe a counseling or therapy session if a licensee, registered intern, or certificateholder obtains written, informed consent at least 24 hours before the provision of services.