WHAT THIS BILL REGULATES · 2 REQUIREMENT TYPES
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.
(A)(1)–(6) In this section the following words have the meanings indicated. (2) "Administrative support tasksAdministrative support tasks"Administrative support tasks" includes: (I) scheduling appointments; (II) managing patient records and billing records; (III) billing patients or insurers; (IV) analyzing data for operational purposes; and (V) organizing, tracking, and managing files or notes that relate to a patient's session.Health Occ. § 1–231(A)(2)" includes: (I) scheduling appointments; (II) managing patient records and billing records; (III) billing patients or insurers; (IV) analyzing data for operational purposes; and (V) organizing, tracking, and managing files or notes that relate to a patient's session. (3) "Artificial intelligenceArtificial intelligence"Artificial intelligence" has the meaning stated in § 3.5–801 of the State Finance and Procurement Article.Health Occ. § 1–231(A)(3)" has the meaning stated in § 3.5–801 of the State Finance and Procurement Article. (4) "Behavioral health careBehavioral health care"Behavioral health care" has the meaning stated in § 7.5–101 of the Health – General Article.Health Occ. § 1–231(A)(4)" has the meaning stated in § 7.5–101 of the Health – General Article. (5) "Behavioral health care providerBehavioral health care provider"Behavioral health care provider" means an individual who is licensed, registered, or certified under this article and whose scope of practice includes the provision of behavioral health care services.Health Occ. § 1–231(A)(5)" means an individual who is licensed, registered, or certified under this article and whose scope of practice includes the provision of behavioral health careBehavioral health care"Behavioral health care" has the meaning stated in § 7.5–101 of the Health – General Article.Health Occ. § 1–231(A)(4) services. (6) (I) "Therapeutic communicationTherapeutic communication"Therapeutic communication" means any verbal or written interaction between a behavioral health care provider and a patient that is intended to diagnose, treat, or address a patient's emotional or behavioral health. "Therapeutic communication" includes: 1. direct interactions with clients for the purpose of understanding or reflecting their thoughts, emotions, or experiences; 2. the provision of guidance, therapeutic strategies, or interventions designed to achieve mental health outcomes; 3. the offering of emotional support, reassurance, or empathy in response to psychological or emotional distress; 4. collaboration with clients to develop or modify therapeutic goals or treatment plans; and 5. the offering of behavioral feedback intended to promote psychological growth or address mental health conditions.Health Occ. § 1–231(A)(6)" means any verbal or written interaction between a behavioral health care providerBehavioral health care provider"Behavioral health care provider" means an individual who is licensed, registered, or certified under this article and whose scope of practice includes the provision of behavioral health care services.Health Occ. § 1–231(A)(5) and a patient that is intended to diagnose, treat, or address a patient's emotional or behavioral health. (II) "Therapeutic communicationTherapeutic communication"Therapeutic communication" means any verbal or written interaction between a behavioral health care provider and a patient that is intended to diagnose, treat, or address a patient's emotional or behavioral health. "Therapeutic communication" includes: 1. direct interactions with clients for the purpose of understanding or reflecting their thoughts, emotions, or experiences; 2. the provision of guidance, therapeutic strategies, or interventions designed to achieve mental health outcomes; 3. the offering of emotional support, reassurance, or empathy in response to psychological or emotional distress; 4. collaboration with clients to develop or modify therapeutic goals or treatment plans; and 5. the offering of behavioral feedback intended to promote psychological growth or address mental health conditions.Health Occ. § 1–231(A)(6)" includes: 1. direct interactions with clients for the purpose of understanding or reflecting their thoughts, emotions, or experiences; 2. the provision of guidance, therapeutic strategies, or interventions designed to achieve mental health outcomes; 3. the offering of emotional support, reassurance, or empathy in response to psychological or emotional distress; 4. collaboration with clients to develop or modify therapeutic goals or treatment plans; and 5. the offering of behavioral feedback intended to promote psychological growth or address mental health conditions.
Subsection (A) establishes the defined terms used throughout the section. The key defined terms are behavioral health care provider (any individual licensed, registered, or certified under the Health Occupations Article whose scope of practice includes behavioral health care), administrative support tasks (a closed list of five categories of non-clinical functions), and therapeutic communication (broadly defined to cover virtually all provider-patient interactions addressing emotional or behavioral health). The definition of artificial intelligence is incorporated by reference from the State Finance and Procurement Article.
(B) 1 Except as provided in subsection (C) of this section, a behavioral health care providerBehavioral health care provider"Behavioral health care provider" means an individual who is licensed, registered, or certified under this article and whose scope of practice includes the provision of behavioral health care services.Health Occ. § 1–231(A)(5) may not use artificial intelligenceArtificial intelligence"Artificial intelligence" has the meaning stated in § 3.5–801 of the State Finance and Procurement Article.Health Occ. § 1–231(A)(3) to provide behavioral health careBehavioral health care"Behavioral health care" has the meaning stated in § 7.5–101 of the Health – General Article.Health Occ. § 1–231(A)(4) to a patient, including for: (1) assessment, diagnosis, treatment, or counseling; (2) development of a treatment plan; (3) case management; or (4) therapeutic communicationsTherapeutic communication"Therapeutic communication" means any verbal or written interaction between a behavioral health care provider and a patient that is intended to diagnose, treat, or address a patient's emotional or behavioral health. "Therapeutic communication" includes: 1. direct interactions with clients for the purpose of understanding or reflecting their thoughts, emotions, or experiences; 2. the provision of guidance, therapeutic strategies, or interventions designed to achieve mental health outcomes; 3. the offering of emotional support, reassurance, or empathy in response to psychological or emotional distress; 4. collaboration with clients to develop or modify therapeutic goals or treatment plans; and 5. the offering of behavioral feedback intended to promote psychological growth or address mental health conditions.Health Occ. § 1–231(A)(6).
Subsection (B) establishes the bill's core prohibition: behavioral health care providers may not use artificial intelligence to provide behavioral health care to a patient. The prohibition is comprehensive, covering assessment, diagnosis, treatment, counseling, treatment plan development, case management, and therapeutic communications. The only exception is the narrow administrative-support carve-out in subsection (C). This effectively bars AI from any clinical or patient-facing therapeutic role in behavioral health practice.
(C)(1)(I)–(II) 2 A behavioral health care providerBehavioral health care provider"Behavioral health care provider" means an individual who is licensed, registered, or certified under this article and whose scope of practice includes the provision of behavioral health care services.Health Occ. § 1–231(A)(5) may use a system that employs artificial intelligenceArtificial intelligence"Artificial intelligence" has the meaning stated in § 3.5–801 of the State Finance and Procurement Article.Health Occ. § 1–231(A)(3) to assist the behavioral health care providerBehavioral health care provider"Behavioral health care provider" means an individual who is licensed, registered, or certified under this article and whose scope of practice includes the provision of behavioral health care services.Health Occ. § 1–231(A)(5) in performing administrative support tasksAdministrative support tasks"Administrative support tasks" includes: (I) scheduling appointments; (II) managing patient records and billing records; (III) billing patients or insurers; (IV) analyzing data for operational purposes; and (V) organizing, tracking, and managing files or notes that relate to a patient's session.Health Occ. § 1–231(A)(2) if the behavioral health care providerBehavioral health care provider"Behavioral health care provider" means an individual who is licensed, registered, or certified under this article and whose scope of practice includes the provision of behavioral health care services.Health Occ. § 1–231(A)(5): (I) ensures compliance with all applicable federal and state laws and regulations governing patient confidentiality and the security of health records, health–related information, and other related data; (II) signs an agreement with the person that owns the system that employs artificial intelligenceArtificial intelligence"Artificial intelligence" has the meaning stated in § 3.5–801 of the State Finance and Procurement Article.Health Occ. § 1–231(A)(3) to ensure that: 1. protected health information will be kept confidential; and 2. information accessed through the use of the artificial intelligenceArtificial intelligence"Artificial intelligence" has the meaning stated in § 3.5–801 of the State Finance and Procurement Article.Health Occ. § 1–231(A)(3) may not be used to train the artificial intelligenceArtificial intelligence"Artificial intelligence" has the meaning stated in § 3.5–801 of the State Finance and Procurement Article.Health Occ. § 1–231(A)(3) or any other artificial intelligenceArtificial intelligence"Artificial intelligence" has the meaning stated in § 3.5–801 of the State Finance and Procurement Article.Health Occ. § 1–231(A)(3);
(C)(1)(III) 3 provides written and verbal notice to each patient: 1. that the behavioral health care providerBehavioral health care provider"Behavioral health care provider" means an individual who is licensed, registered, or certified under this article and whose scope of practice includes the provision of behavioral health care services.Health Occ. § 1–231(A)(5) may use a system that employs artificial intelligenceArtificial intelligence"Artificial intelligence" has the meaning stated in § 3.5–801 of the State Finance and Procurement Article.Health Occ. § 1–231(A)(3) to perform administrative support tasksAdministrative support tasks"Administrative support tasks" includes: (I) scheduling appointments; (II) managing patient records and billing records; (III) billing patients or insurers; (IV) analyzing data for operational purposes; and (V) organizing, tracking, and managing files or notes that relate to a patient's session.Health Occ. § 1–231(A)(2); and 2. of the potential risks associated with the use of artificial intelligenceArtificial intelligence"Artificial intelligence" has the meaning stated in § 3.5–801 of the State Finance and Procurement Article.Health Occ. § 1–231(A)(3), including the potential for a breach of confidentiality.
(C)(2) 4 A behavioral health care providerBehavioral health care provider"Behavioral health care provider" means an individual who is licensed, registered, or certified under this article and whose scope of practice includes the provision of behavioral health care services.Health Occ. § 1–231(A)(5) that uses a system that employs artificial intelligenceArtificial intelligence"Artificial intelligence" has the meaning stated in § 3.5–801 of the State Finance and Procurement Article.Health Occ. § 1–231(A)(3) for administrative support tasksAdministrative support tasks"Administrative support tasks" includes: (I) scheduling appointments; (II) managing patient records and billing records; (III) billing patients or insurers; (IV) analyzing data for operational purposes; and (V) organizing, tracking, and managing files or notes that relate to a patient's session.Health Occ. § 1–231(A)(2) shall independently review the accuracy of any report, data, or any other information the artificial intelligenceArtificial intelligence"Artificial intelligence" has the meaning stated in § 3.5–801 of the State Finance and Procurement Article.Health Occ. § 1–231(A)(3) compiles, summarizes, analyzes, or generates.
Subsection (C) carves out a narrow exception to the subsection (B) prohibition: behavioral health care providers may use AI systems for administrative support tasks, but only if three conditions are satisfied. First, the provider must ensure compliance with all federal and state patient confidentiality and health records security laws. Second, the provider must execute a contractual agreement with the AI system owner guaranteeing that protected health information will be kept confidential and that information accessed through the AI will not be used to train any AI system. Third, the provider must give each patient both written and verbal notice that AI may be used for administrative tasks and of the potential risks, including confidentiality breaches. Additionally, the provider must independently review all AI-generated outputs for accuracy.
(D) 5 A behavioral health care providerBehavioral health care provider"Behavioral health care provider" means an individual who is licensed, registered, or certified under this article and whose scope of practice includes the provision of behavioral health care services.Health Occ. § 1–231(A)(5) shall obtain written informed consent from each patient if the behavioral health care providerBehavioral health care provider"Behavioral health care provider" means an individual who is licensed, registered, or certified under this article and whose scope of practice includes the provision of behavioral health care services.Health Occ. § 1–231(A)(5) uses a system that employs artificial intelligenceArtificial intelligence"Artificial intelligence" has the meaning stated in § 3.5–801 of the State Finance and Procurement Article.Health Occ. § 1–231(A)(3) that could materially affect clinical decision–making services or patient–facing services.
Subsection (D) requires behavioral health care providers to obtain written informed consent from each patient before using an AI system that could materially affect clinical decision-making services or patient-facing services. This is a standalone consent obligation distinct from the notice requirement in subsection (C)(1)(III), and it applies to a broader trigger: any AI system that could materially affect clinical decisions or patient-facing services, not just administrative support AI.
(E) A person who violates this section is subject to disciplinary action by the appropriate health occupation board.
Subsection (E) establishes the enforcement mechanism: violations of any provision in this section subject the provider to disciplinary action by the appropriate health occupation board. This is a professional-discipline model rather than a civil penalty or private right of action model.
(F) This section does not prohibit a behavioral health care providerBehavioral health care provider"Behavioral health care provider" means an individual who is licensed, registered, or certified under this article and whose scope of practice includes the provision of behavioral health care services.Health Occ. § 1–231(A)(5) from disseminating self–help materials or educational materials that do not claim to provide behavioral health careBehavioral health care"Behavioral health care" has the meaning stated in § 7.5–101 of the Health – General Article.Health Occ. § 1–231(A)(4).
Subsection (F) is a savings clause clarifying that the section does not prohibit behavioral health care providers from disseminating self-help materials or educational materials, provided those materials do not claim to provide behavioral health care. This preserves providers' ability to share general wellness resources without triggering the AI prohibition.