Regulon.AI — FL-SB-344 · 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 their clinical practice, with narrow exceptions for administrative support tasks and for recording or transcribing therapy sessions with 24-hour advance written informed consent. The bill creates parallel provisions under Chapter 490 (psychology) and Chapter 491 (clinical social work, marriage and family therapy, and mental health counseling). No enforcement mechanism or penalties are specified; enforcement would flow through existing professional licensing board disciplinary authority. The bill died in the Health Policy committee.

Enforcement & Penalties

Enforcement Authority

No enforcement mechanism is specified in the bill. Enforcement would presumably fall to the Florida Board of Psychology (Chapter 490) and the Florida Board of Clinical Social Work, Marriage and Family Therapy, and Mental Health Counseling (Chapter 491) through their existing professional licensing disciplinary processes. No private right of action is created.

Penalties

No damages, penalties, or remedies are specified in the bill. Violations would presumably be subject to existing professional licensing board disciplinary actions under Chapters 490 and 491, Florida Statutes.

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 categorically prohibited from using AI in clinical practice — meaning AI may not independently make therapeutic decisions, generate treatment plans, directly interact with patients in therapeutic communication, or otherwise participate in the delivery of psychological services. The only exceptions are narrowly defined administrative tasks: scheduling, non-therapeutic logistics communications, billing, patient record management, and operational data analysis. This is one of the strictest state-level prohibitions on AI in licensed professional practice, going further than states that permit AI use under professional supervision. Enforcement would flow through the Florida Board of Psychology's existing disciplinary authority.

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 categorically prohibited from using AI in clinical practice. This is the Chapter 491 parallel to the Chapter 490 prohibition on psychologists. The same narrow administrative exceptions apply: scheduling, non-therapeutic communications, billing, patient records, and operational data analysis. The covered population is broader than § 490.016 — it extends to registered interns and certificateholders in addition to licensees. Enforcement would flow through the Florida Board of Clinical Social Work, Marriage and Family Therapy, and Mental Health Counseling.

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 therapy sessions, but only if they obtain written, informed consent from the patient at least 24 hours before the session. This is one of the narrow exceptions to the categorical ban on AI in clinical psychology practice. The 24-hour advance requirement is notable — it prevents obtaining consent at the start of a session. The bill does not specify whether consent is revocable, unlike CA SB 243 which explicitly requires revocability.

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 in advance. This is the Chapter 491 parallel to the Chapter 490 recording exception. The same 24-hour advance consent requirement applies. The covered population again extends to registered interns and certificateholders.

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.