WHAT THIS BILL REGULATES · 1 REQUIREMENT TYPE
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.
(1) As used in this section, the term "artificial intelligenceArtificial intelligence"artificial intelligence" means any machine-based system that varies in level of autonomy and that, for any explicit or implicit objective, infers from the inputs the system receives how to generate outputs, including, but not limited to, content, decisions, predictions, or recommendations that can influence physical or virtual environments.Fla. Stat. § 490.016(1)" means any machine-based system that varies in level of autonomy and that, for any explicit or implicit objective, infers from the inputs the system receives how to generate outputs, including, but not limited to, content, decisions, predictions, or recommendations that can influence physical or virtual environments.
(2) 1 Except as otherwise provided in this section, a licensee may not use artificial intelligenceArtificial intelligence"artificial intelligence" means any machine-based system that varies in level of autonomy and that, for any explicit or implicit objective, infers from the inputs the system receives how to generate outputs, including, but not limited to, content, decisions, predictions, or recommendations that can influence physical or virtual environments.Fla. Stat. § 490.016(1) in the practice of psychology or school psychology. A licensee may use artificial intelligenceArtificial intelligence"artificial intelligence" means any machine-based system that varies in level of autonomy and that, for any explicit or implicit objective, infers from the inputs the system receives how to generate outputs, including, but not limited to, content, decisions, predictions, or recommendations that can influence physical or virtual environments.Fla. Stat. § 490.016(1) 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. (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.
Section 490.016 creates a broad prohibition on the use of artificial intelligence by licensees in the practice of psychology or school psychology. The prohibition is subject to two narrow exceptions: AI may be used for administrative or supplementary support services (scheduling, non-therapeutic communications, billing, records management, and operational data analysis), and AI may be used to record or transcribe a counseling or therapy session provided that written, informed consent is obtained at least 24 hours before the session.
The prohibition targets the licensee's use of AI in professional practice — it does not regulate the AI system itself or its developer. This means the compliance obligation falls on the individual licensed professional, not on a technology company. The definition of artificial intelligence is broad, tracking the OECD/NIST definition, encompassing any machine-based system that infers outputs from inputs.
(1) As used in this section, the term "artificial intelligenceArtificial intelligence"artificial intelligence" means any machine-based system that varies in level of autonomy and that, for any explicit or implicit objective, infers from the inputs the system receives how to generate outputs, including, but not limited to, content, decisions, predictions, or recommendations that can influence physical or virtual environments.Fla. Stat. § 490.016(1)" means any machine-based system that varies in level of autonomy and that, for any explicit or implicit objective, infers from the inputs the system receives how to generate outputs, including, but not limited to, content, decisions, predictions, or recommendations that can influence physical or virtual environments.
(2) 2 Except as otherwise provided in this section, a licensee, registered intern, or certificateholder may not use artificial intelligenceArtificial intelligence"artificial intelligence" means any machine-based system that varies in level of autonomy and that, for any explicit or implicit objective, infers from the inputs the system receives how to generate outputs, including, but not limited to, content, decisions, predictions, or recommendations that can influence physical or virtual environments.Fla. Stat. § 490.016(1) in the practice of clinical social work, marriage and family therapy, or mental health counseling. A licensee, registered intern, or certificateholder may use artificial intelligenceArtificial intelligence"artificial intelligence" means any machine-based system that varies in level of autonomy and that, for any explicit or implicit objective, infers from the inputs the system receives how to generate outputs, including, but not limited to, content, decisions, predictions, or recommendations that can influence physical or virtual environments.Fla. Stat. § 490.016(1) 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. (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.
Section 491.019 mirrors § 490.016 exactly in structure and substance but applies to a broader set of practitioners: licensees, registered interns, and certificateholders practicing clinical social work, marriage and family therapy, or mental health counseling under Chapter 491. The same AI prohibition and the same two narrow exceptions — administrative support and session recording with 24-hour advance written consent — apply.
The expansion to registered interns and certificateholders is notable because it covers practitioners who are not yet fully licensed but practicing under supervision. The bill thereby closes a potential gap where unlicensed trainees might use AI tools that their supervisors cannot.
This act shall take effect July 1, 2026.
Section 3 establishes the effective date for the entire act as July 1, 2026. There is no phased implementation or staged rollout — both § 490.016 and § 491.019 become operative simultaneously.