Florida · Senate Bill · 2026 Regular Session
SB344
Florida SB 344 — Use of Artificial Intelligence in Psychological, Clinical, Counseling, and Therapy Services

Status ● Failed Effective N/A Passage Likelihood N/A

WHAT THIS BILL REGULATES · 1 REQUIREMENT TYPE

How Is This Bill Enforced

Enforcement Authority
Enforcement is through the existing licensing boards — the Board of Psychology (Chapter 490) and the Board of Clinical Social Work, Marriage & Family Therapy, and Mental Health Counseling (Chapter 491). Violations would constitute unlicensed activity or professional misconduct subject to board disciplinary proceedings. No private right of action is created.
Private Right of Action
No private right of action. Enforcement is exclusive to the designated authority.
Penalties
No monetary penalties, damages, or remedies are specified in the bill. Enforcement would be through existing professional licensing board disciplinary authority, which may include license suspension, revocation, reprimand, or other administrative sanctions under Chapters 490 and 491.

What This Bill Requires

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.

Statutory Text
Analysis & Obligations
Fla. Stat. § 490.016
Use of artificial intelligence in psychology practice
Professional

(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) / § 491.019(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) / § 491.019(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) / § 491.019(1) to:

(2)(a) 1 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.

(2)(b) 2 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 imposes a blanket prohibition on the use of artificial intelligence by licensed psychologists and school psychologists in the practice of their profession, subject to two enumerated exceptions. The first exception permits AI for administrative and supplementary support functions — scheduling, non-therapeutic communications, billing, records, and operational analytics. The second permits AI-based recording or transcription of therapy sessions, conditioned on written informed consent obtained at least 24 hours before services.

The definition of artificial intelligence tracks the broad OECD/NIST-style definition and is not limited to generative AI or any specific technology class. The prohibition therefore sweeps broadly — covering any machine-based inferential system used in the practice of psychology outside the enumerated carve-outs.

Compliance actions 2 items
1
Licensed psychologists and school psychologists must 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) / § 491.019(1) in the practice of psychology or school psychology, except for administrative and supplementary support services. Permitted administrative uses include: (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; and (5) analyzing data for operational purposes. All other uses of AI in professional practice are prohibited.
HC-02.2
2
Licensed psychologists and school psychologists must obtain written, informed consent at least 24 hours before using 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) / § 491.019(1) to record or transcribe a counseling or therapy session.
HC-02.4
Fla. Stat. § 491.019
Use of artificial intelligence in clinical social work, marriage and family therapy, and mental health counseling
Professional

(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) / § 491.019(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) 3 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) / § 491.019(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) / § 491.019(1) to:

(2)(a) 3 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.

(2)(b) 4 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 but extends the same prohibition and exceptions 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 substantive obligations are identical — a blanket prohibition on AI use in practice with carve-outs for administrative support and consent-conditioned session recording.

The parallel structure reflects the separate licensing chapters for psychology (Chapter 490) and the Chapter 491 professions. The definition of artificial intelligence is repeated verbatim.

Compliance actions 2 items
3
Licensees, registered interns, and certificateholders must 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) / § 491.019(1) in the practice of clinical social work, marriage and family therapy, or mental health counseling, except for administrative and supplementary support services. Permitted administrative uses include: (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; and (5) analyzing data for operational purposes. All other uses of AI in professional practice are prohibited.
HC-02.2
4
Licensees, registered interns, and certificateholders must obtain written, informed consent at least 24 hours before using 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) / § 491.019(1) to record or transcribe a counseling or therapy session in the practice of clinical social work, marriage and family therapy, or mental health counseling.
HC-02.4

Passage Likelihood

Failed
Status Failed
Final action Died in Health Policy

Legislative History

2025-11-04 Filed
2025-11-17 Referred to Health Policy; Children, Families, and Elder Affairs; Rules
2026-01-13 Introduced
2026-03-13 Died in Health Policy

Entry Last Reviewed

2026-05-04
AI generated