Laws & Statutes › FL › FL-S-0344
S-0344
FL · State · USA
FL
USA
● Pending
Proposed Effective Date
2026-07-01
Florida SB 344 — Use of Artificial Intelligence in Psychological, Clinical, Counseling, and Therapy Services
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 professions, with narrow exceptions for administrative support (scheduling, billing, records, logistics communications, operational data analysis) and session recording or transcription with 24-hour advance written informed consent. The bill creates two parallel sections — § 490.016 for psychology/school psychology practitioners and § 491.019 for clinical social work, marriage and family therapy, and mental health counseling practitioners — with substantively identical obligations. No enforcement mechanism, penalties, or private right of action are specified; enforcement would fall to existing professional licensing boards. The bill died in the Health Policy committee.
Legislative History
2025-11-04 introduced Filed
2025-11-17 committee referral Referred to Health Policy; Children, Families, and Elder Affairs; Rules
2026-01-13 introduced Introduced
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 professions, with narrow exceptions for administrative support (scheduling, billing, records, logistics communications, operational data analysis) and session recording or transcription with 24-hour advance written informed consent. The bill creates two parallel sections — § 490.016 for psychology/school psychology practitioners and § 491.019 for clinical social work, marriage and family therapy, and mental health counseling practitioners — with substantively identical obligations. No enforcement mechanism, penalties, or private right of action are specified; enforcement would fall to existing professional licensing boards. The bill died in the Health Policy committee.

Enforcement & Penalties
Enforcement Authority
No enforcement mechanism is specified in the bill text. Obligations fall on licensees, registered interns, and certificateholders regulated under Florida Statutes chapters 490 (Psychology) and 491 (Clinical Social Work, Marriage and Family Therapy, and Mental Health Counseling). Enforcement would presumably be handled by the applicable professional licensing boards within the Florida Department of Health under their existing disciplinary authority.
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.
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 prohibited from using AI in their clinical practice. The only permitted uses are administrative and supplementary support tasks — scheduling, logistics communications that do not involve therapeutic advice, billing, patient records management, and operational data analysis. This is a near-total ban on clinical AI use: AI may not be used for diagnosis, treatment planning, therapeutic interaction, assessment scoring, or any other activity constituting the practice of psychology. The enumerated administrative exceptions are illustrative ('include, but are not limited to'), so other non-clinical administrative uses may also be permissible.
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-02.2 · 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 prohibited from using AI in their clinical practice. The same narrow administrative exceptions apply as under § 490.016: scheduling, non-therapeutic logistics communications, billing, records management, and operational data analysis. All clinical uses of AI — including therapeutic interaction, treatment planning, diagnostic support, and clinical decision-making — are prohibited. This is the chapter 491 parallel to the chapter 490 prohibition, extending coverage to additional mental health professional categories including registered interns and certificateholders.
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. § 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. This is the only permitted non-administrative clinical-adjacent AI use under the statute. The 24-hour advance requirement means consent cannot be obtained at the time of the session. The bill does not specify 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-02.4 · 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 is the chapter 491 parallel to § 490.016(2)(b), extending the same consent requirement to the additional professional categories covered under chapter 491.
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.