Regulon — FL-S-0344 · FL SB 344 (AI in Therapy Services)

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 tasks and session recording or transcription with advance written consent. The bill creates two parallel statutory sections — § 490.016 (psychology) and § 491.019 (clinical social work, marriage and family therapy, and mental health counseling) — with substantively identical provisions. Enforcement would rely on existing professional licensing board disciplinary authority. The bill died in the Health Policy committee.

Enforcement & Penalties

Enforcement Authority

Enforcement would be through existing professional licensing boards — the Board of Psychology (Chapter 490) and the Board of Clinical Social Work, Marriage and Family Therapy, and Mental Health Counseling (Chapter 491) — via their existing disciplinary authority over licensees, registered interns, and certificateholders. No new enforcement mechanism or private right of action is created by this bill.

Penalties

The bill does not specify damages, penalties, or remedies. Violations would presumably be subject to existing professional discipline under Chapters 490 and 491, F.S., which may include license suspension, revocation, reprimand, or fines available under existing disciplinary frameworks.

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 any AI system in professional practice. The only permitted uses are administrative and supplementary support tasks — scheduling, non-therapeutic logistics communications, billing, patient records management, and operational data analysis. Any clinical, therapeutic, or diagnostic use of AI is prohibited. This is a categorical ban on AI in clinical practice rather than a set of guardrails, making it one of the most restrictive approaches to AI in licensed professional services.

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 therapy sessions, but only after obtaining the patient's written, informed consent at least 24 hours before the session in which AI recording or transcription will be used. This is a narrow carve-out from the general prohibition on AI use in practice — the 24-hour advance consent requirement is stricter than typical point-of-service consent obligations.

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 any AI system in professional practice. The only permitted uses are administrative and supplementary support tasks — scheduling, non-therapeutic logistics communications, billing, patient records management, and operational data analysis. This mirrors the § 490.016 prohibition for psychologists and extends the same categorical ban to the Chapter 491 professions, including interns and certificateholders — not just fully licensed practitioners.

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 therapy sessions, but only after obtaining the patient's written, informed consent at least 24 hours before the session. This mirrors the § 490.016(2)(b) exception for psychologists and extends it to the Chapter 491 professions.

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.