Regulon.AI — ME-LD-2082 · ME LD 2082 (AI in Mental Health Services)

2026-01-07 other Committee on Health Coverage, Insurance and Financial Services suggested and ordered printed.

2026-01-07 committee referral The Bill was REFERRED to the Committee on HEALTH COVERAGE, INSURANCE AND FINANCIAL SERVICES.

2026-01-07 other Sent for concurrence. ORDERED SENT FORTHWITH.

2026-01-07 committee referral The Bill was REFERRED to the Committee on HEALTH COVERAGE, INSURANCE AND FINANCIAL SERVICES in concurrence

2026-02-25 other Work Session Held: TABLED

2026-03-04 other Work Session Held

2026-03-04 other Voted: OTP-AM

Summary

Regulates AI use in therapy and psychotherapy by licensed mental health professionals in Maine. Licensed professionals may use AI only for administrative support (scheduling, billing) and supplementary support (record-keeping, anonymized data analysis), but must maintain full responsibility for all AI interactions, outputs, and data use. AI is categorically prohibited from making independent therapeutic decisions, directly interacting with clients in therapeutic communication, or generating treatment plans without licensed professional review. When AI is used to record or transcribe sessions, written informed consent — meeting a strict definition excluding buried terms-of-service agreements — must be obtained from the client. No person may offer therapy services to the public through AI unless provided by a licensed professional. Enforcement is by the Department of Professional and Financial Regulation, with civil penalties up to $10,000 per violation. Research approved by an IRB and CMS-authorized programs are exempt.

Enforcement & Penalties

Enforcement Authority

Department of Professional and Financial Regulation has authority to investigate any actual, alleged, or suspected violation. Enforcement is agency-initiated. The department assesses civil penalties after a hearing held in accordance with the Maine Administrative Procedure Act. No private right of action is created.

Penalties

Civil penalty not to exceed $10,000 per violation, as determined by the Department of Professional and Financial Regulation. The penalty must be assessed based on the degree of harm and the circumstances of the violation. Payment is due within 60 days of the department's order. No private damages, injunctive relief, or attorney fee provisions.

Who Is Covered

"Licensed professional" means an individual who holds a valid license or certificate issued to practice psychotherapy or behavioral health therapy, including: (1) A licensed clinical psychologist as defined in Title 34-B, section 3801, subsection 3; (2) A licensed clinical social worker as defined in Title 32, section 7001-A, subsection 6; (3) A licensed social worker as defined in Title 32, section 7001-A, subsection 8; (4) A licensed professional counselor as defined in Title 32, section 18553, subsection 15; (5) A licensed clinical professional counselor as defined in Title 32, section 13851, subsection 2; (6) A licensed marriage and family therapist as defined in Title 32, section 13851, subsection 7; (7) A certified alcohol and drug counselor as defined in Title 32, section 6203-A, subsection 5 or a licensed alcohol and drug counselor as defined in Title 32, section 6203-A, subsection 9 authorized to provide therapy or psychotherapy services; (8) A professional music therapist; (9) A licensed advanced practice registered nurse as defined in Title 32, section 2102, subsection 5-A; (10) A certified intentional peer support specialist; (11) A recovery coach; (12) A psychiatrist. For the purposes of this subparagraph, "psychiatrist" means a physician licensed to practice medicine under Title 32, chapter 48, subchapter 2 who specializes in the diagnosis and treatment of mental disorders; and (13) Any other professional authorized by this State to provide therapy or psychotherapy services, except for a physician.

Compliance Obligations 4 obligations · click obligation ID to open requirement page

HC-02 AI in Licensed Professional Practice Restrictions · HC-02.1 · Professional · Healthcare

22 MRSA § 1730-B(2)

Plain Language

Licensed mental health professionals may use AI only for administrative support and supplementary support tasks — they must maintain full responsibility for all AI interactions, outputs, and data use. AI use is limited to non-therapeutic tasks: scheduling, billing, record-keeping, anonymized data analysis, and resource identification. Any task that constitutes therapeutic communication is off-limits to AI. This provision establishes the overarching accountability requirement: the licensed professional bears personal responsibility for everything the AI does in connection with their practice.

Statutory Text

2. Permitted use of artificial intelligence. A licensed professional may use artificial intelligence to assist in providing administrative support or supplementary support in therapy or psychotherapy services only if the licensed professional maintains full responsibility for all interactions, outputs and data use associated with the use of artificial intelligence and satisfies the requirements of subsection 3.

HC-02 AI in Licensed Professional Practice Restrictions · HC-02.4 · Professional · Healthcare

22 MRSA § 1730-B(3)(A)-(B)

Plain Language

When a licensed professional uses AI to record or transcribe a therapeutic session, the professional must first provide written notice to the client (or their legal representative) that AI will be used, what its specific purpose is, and how the session data will be stored, retained, used for training, and deleted upon termination of services. The client must then provide consent — defined strictly as a clear, explicit, affirmative written agreement that is revocable. Consent buried in general terms of service, obtained through passive interactions like hovering or closing content, or obtained through deceptive actions does not count. This obligation applies specifically to the recording or transcription use case — administrative support tasks that do not involve session data have a lower bar under subsection 2.

Statutory Text

3. Requirements of use. A licensed professional may use artificial intelligence to assist in providing supplementary support in therapy or psychotherapy services when the client's therapeutic session is recorded or transcribed only if: A. The client or the client's legally authorized representative is informed in writing of the following: (1) That artificial intelligence will be used; (2) The specific purpose of the artificial intelligence tool or system that will be used; and (3) How session data collected by artificial intelligence will be stored, retained, used for training and deleted upon termination of therapy or psychotherapy services; and B. The client or the client's legally authorized representative provides consent to the use of artificial intelligence.

HC-02 AI in Licensed Professional Practice Restrictions · HC-02.2 HC-02.3 · ProfessionalDeployer · Healthcare

22 MRSA § 1730-B(4)

Plain Language

This provision creates three distinct obligations. First, it is a blanket prohibition on offering therapy or psychotherapy services to the public through AI unless a licensed professional actually provides the services — effectively banning autonomous AI therapy products in Maine. Second, licensed professionals may not allow AI to make independent therapeutic decisions or directly interact with clients in any form of therapeutic communication. Third, AI-generated therapeutic recommendations or treatment plans must be reviewed and approved by the licensed professional before being acted upon. This means AI chatbots, AI therapy apps, and similar products that provide therapeutic communication directly to users without a licensed professional are prohibited, regardless of whether they carry disclaimers. The obligation applies to any "person" — not just licensed professionals — so it reaches AI companies offering direct-to-consumer therapy products.

Statutory Text

4. Prohibition of use. A person may not provide, advertise or otherwise offer therapy or psychotherapy services, including through the use of Internet-based artificial intelligence, to the public unless the therapy or psychotherapy services are provided by a licensed professional. A licensed professional may use artificial intelligence only to the extent the use meets the requirements of subsection 3. A licensed professional may not allow artificial intelligence to: A. Make independent therapeutic decisions; B. Directly interact with clients in any form of therapeutic communication; or C. Generate therapeutic recommendations or treatment plans without review and approval by the licensed professional.

D-01 Automated Processing Rights & Data Controls · D-01.4 · Professional · Healthcare

22 MRSA § 1730-B(5)

Plain Language

All records maintained by the licensed professional and all communications between the professional and a client or prospective client are confidential and may not be disclosed except as required under existing law. This applies to records generated or maintained using AI tools, including session transcripts, therapy notes, and data collected by AI systems. The provision reinforces existing confidentiality obligations in the AI context but does not create a new, independent standard — it extends existing therapy record confidentiality to AI-assisted records.

Statutory Text

5. Disclosure of records and communications. All records kept by a licensed professional and all communications between an individual seeking therapy or psychotherapy services and a licensed professional or between a client and a licensed professional are confidential and may not be disclosed except as required under law.