Regulon — FL-H-0281 · FL HB 281 (AI in Mental Health Practice)

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

2025-11-04 Now in Health Professions & Programs Subcommittee Now in Health Professions & Programs Subcommittee

2026-01-13 introduced 1st Reading (Original Filed Version)

2026-03-13 Died in Health Professions & Programs Subcommittee Died in Health Professions & Programs Subcommittee

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 licensed professions, with narrow exceptions for administrative support tasks and AI-assisted recording or transcription of sessions with prior written consent. Administrative exceptions include scheduling, non-therapeutic logistics communications, billing, patient records, and operational data analysis. AI recording or transcription of therapy sessions requires written, informed consent obtained at least 24 hours before services. The bill creates parallel provisions under Chapter 490 (psychology) and Chapter 491 (clinical social work, marriage and family therapy, mental health counseling). No enforcement mechanism, penalties, or private right of action are specified; violations would fall under existing professional licensing board disciplinary authority.

Enforcement & Penalties

Enforcement Authority

No enforcement mechanism is specified in the bill. The bill creates new sections under Chapters 490 (Psychological Services) and 491 (Clinical, Counseling, and Psychotherapy Services) of the Florida Statutes, which are administered by the Florida Board of Psychology and the Board of Clinical Social Work, Marriage & Family Therapy, and Mental Health Counseling under the Department of Health. Existing disciplinary authority under those chapters would presumably apply to violations, but the bill itself does not specify enforcement procedures, designate an enforcer, or create a private right of action.

Penalties

The bill does not specify penalties, damages, or remedies. Violations would presumably be subject to existing professional disciplinary sanctions under Chapters 490 and 491 of the Florida Statutes, which may include license revocation, suspension, fines, and reprimand, but the bill itself creates no new penalty provisions.

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 are broadly prohibited from using AI in the practice of their profession. The sole exception under this subsection is for administrative and supplementary support tasks — scheduling, non-therapeutic logistics communications, billing, patient records management, and operational data analysis. Any clinical, therapeutic, diagnostic, or treatment-related use of AI is prohibited. The enumerated administrative uses are non-exhaustive ('include, but are not limited to'), so other genuinely administrative uses may also be permissible, but the line between administrative support and clinical practice will require careful judgment.

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 first obtain written, informed consent from the patient at least 24 hours before the session. Consent cannot be obtained at the time of the session — the 24-hour advance requirement is a hard rule. The bill does not specify what 'informed consent' must include, whether consent is revocable, or whether services may be denied for refusal to consent.

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 are broadly prohibited from using AI in their professional practice. The sole exception under this subsection is for administrative and supplementary support — scheduling, non-therapeutic logistics communications, billing, patient records management, and operational data analysis. This provision is substantively identical to § 490.016(2) but extends the prohibition to a broader set of mental health practitioners regulated under Chapter 491. The enumerated administrative uses are non-exhaustive.

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 if they obtain written, informed consent from the patient at least 24 hours before the session. This is substantively identical to the parallel consent requirement in § 490.016(2)(b) but applies to the broader set of Chapter 491 practitioners. The same gaps apply — no specification of consent content, revocability, or consequences for refusal.

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.