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.
(1) As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
(1)(A) "Administrative supportAdministrative support"Administrative support" means tasks performed to assist a licensed professional in the delivery of therapy or psychotherapy services that do not involve therapeutic communication. "Administrative support" includes, but is not limited to: (1) Managing appointment scheduling and reminders; (2) Processing billing and insurance claims; and (3) Drafting general communications related to therapy logistics that do not include therapeutic communication.22 MRSA § 1730-B(1)(A)" means tasks performed to assist a licensed professionalLicensed professional"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.22 MRSA § 1730-B(1)(E) in the delivery of therapy or psychotherapy servicesTherapy or psychotherapy services"Therapy or psychotherapy services" means services provided to diagnose, treat or improve an individual's mental health or behavioral health.22 MRSA § 1730-B(1)(H) that do not involve therapeutic communicationTherapeutic communication"Therapeutic communication" means any verbal, nonverbal or written interaction, conducted in a clinical or professional setting, that is intended to diagnose, treat or address a client's mental, emotional or behavioral health concerns. "Therapeutic communication" includes, but is not limited to: (1) Direct interactions with clients for the purpose of understanding their thoughts, emotions or experiences; (2) Providing guidance, therapeutic strategies or interventions designed to achieve mental health outcomes; (3) Offering emotional support, reassurance or empathy in response to psychological or emotional distress; (4) Collaborating with clients to develop or modify therapeutic goals or treatment plans; and (5) Offering behavioral feedback intended to promote psychological growth or address mental health conditions.22 MRSA § 1730-B(1)(G). "Administrative supportAdministrative support"Administrative support" means tasks performed to assist a licensed professional in the delivery of therapy or psychotherapy services that do not involve therapeutic communication. "Administrative support" includes, but is not limited to: (1) Managing appointment scheduling and reminders; (2) Processing billing and insurance claims; and (3) Drafting general communications related to therapy logistics that do not include therapeutic communication.22 MRSA § 1730-B(1)(A)" includes, but is not limited to: (1) Managing appointment scheduling and reminders; (2) Processing billing and insurance claims; and (3) Drafting general communications related to therapy logistics that do not include therapeutic communicationTherapeutic communication"Therapeutic communication" means any verbal, nonverbal or written interaction, conducted in a clinical or professional setting, that is intended to diagnose, treat or address a client's mental, emotional or behavioral health concerns. "Therapeutic communication" includes, but is not limited to: (1) Direct interactions with clients for the purpose of understanding their thoughts, emotions or experiences; (2) Providing guidance, therapeutic strategies or interventions designed to achieve mental health outcomes; (3) Offering emotional support, reassurance or empathy in response to psychological or emotional distress; (4) Collaborating with clients to develop or modify therapeutic goals or treatment plans; and (5) Offering behavioral feedback intended to promote psychological growth or address mental health conditions.22 MRSA § 1730-B(1)(G).
(1)(B) "Artificial intelligenceArtificial intelligence"Artificial intelligence" means a machine-based system that, for explicit or implicit objectives, infers, from the input it receives, how to generate outputs, such as predictions, content, recommendations or decisions, that can influence physical or virtual environments.22 MRSA § 1730-B(1)(B)" means a machine-based system that, for explicit or implicit objectives, infers, from the input it receives, how to generate outputs, such as predictions, content, recommendations or decisions, that can influence physical or virtual environments.
(1)(C) "ConsentConsent"Consent" means a clear, explicit and affirmative act by an individual that: unambiguously communicates the individual's express, informed, voluntary, specific and unambiguous written agreement, including a written agreement provided by electronic means; and is revocable by the individual. "Consent" does not include an agreement that is obtained by: (1) The acceptance of a general or broad terms-of-use agreement or a similar document that contains descriptions of artificial intelligence along with unrelated information; (2) An individual's hovering over, muting, pausing or closing a given piece of electronic content; or (3) An agreement obtained through the use of deceptive actions.22 MRSA § 1730-B(1)(C)" means a clear, explicit and affirmative act by an individual that: unambiguously communicates the individual's express, informed, voluntary, specific and unambiguous written agreement, including a written agreement provided by electronic means; and is revocable by the individual. "ConsentConsent"Consent" means a clear, explicit and affirmative act by an individual that: unambiguously communicates the individual's express, informed, voluntary, specific and unambiguous written agreement, including a written agreement provided by electronic means; and is revocable by the individual. "Consent" does not include an agreement that is obtained by: (1) The acceptance of a general or broad terms-of-use agreement or a similar document that contains descriptions of artificial intelligence along with unrelated information; (2) An individual's hovering over, muting, pausing or closing a given piece of electronic content; or (3) An agreement obtained through the use of deceptive actions.22 MRSA § 1730-B(1)(C)" does not include an agreement that is obtained by: (1) The acceptance of a general or broad terms-of-use agreement or a similar document that contains descriptions of artificial intelligenceArtificial intelligence"Artificial intelligence" means a machine-based system that, for explicit or implicit objectives, infers, from the input it receives, how to generate outputs, such as predictions, content, recommendations or decisions, that can influence physical or virtual environments.22 MRSA § 1730-B(1)(B) along with unrelated information; (2) An individual's hovering over, muting, pausing or closing a given piece of electronic content; or (3) An agreement obtained through the use of deceptive actions.
(1)(D) "DepartmentDepartment"Department" means the Department of Professional and Financial Regulation.22 MRSA § 1730-B(1)(D)" means the Department of Professional and Financial Regulation.
(1)(E) "Licensed professionalLicensed professional"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.22 MRSA § 1730-B(1)(E)" 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 professionalLicensed professional"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.22 MRSA § 1730-B(1)(E) 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 servicesTherapy or psychotherapy services"Therapy or psychotherapy services" means services provided to diagnose, treat or improve an individual's mental health or behavioral health.22 MRSA § 1730-B(1)(H); (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 servicesTherapy or psychotherapy services"Therapy or psychotherapy services" means services provided to diagnose, treat or improve an individual's mental health or behavioral health.22 MRSA § 1730-B(1)(H), except for a physician.
(1)(F) "Supplementary supportSupplementary support"Supplementary support" means tasks performed to assist a licensed professional, in the delivery of therapy or psychotherapy services, that do not involve therapeutic communication and that are not administrative support. "Supplementary support" includes, but is not limited to: (1) Preparing and maintaining client records, including therapy notes; (2) Analyzing anonymized data to track client progress or identify trends, subject to review by a licensed professional; and (3) Identifying and organizing external resources or referrals for client use.22 MRSA § 1730-B(1)(F)" means tasks performed to assist a licensed professionalLicensed professional"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.22 MRSA § 1730-B(1)(E), in the delivery of therapy or psychotherapy servicesTherapy or psychotherapy services"Therapy or psychotherapy services" means services provided to diagnose, treat or improve an individual's mental health or behavioral health.22 MRSA § 1730-B(1)(H), that do not involve therapeutic communicationTherapeutic communication"Therapeutic communication" means any verbal, nonverbal or written interaction, conducted in a clinical or professional setting, that is intended to diagnose, treat or address a client's mental, emotional or behavioral health concerns. "Therapeutic communication" includes, but is not limited to: (1) Direct interactions with clients for the purpose of understanding their thoughts, emotions or experiences; (2) Providing guidance, therapeutic strategies or interventions designed to achieve mental health outcomes; (3) Offering emotional support, reassurance or empathy in response to psychological or emotional distress; (4) Collaborating with clients to develop or modify therapeutic goals or treatment plans; and (5) Offering behavioral feedback intended to promote psychological growth or address mental health conditions.22 MRSA § 1730-B(1)(G) and that are not administrative supportAdministrative support"Administrative support" means tasks performed to assist a licensed professional in the delivery of therapy or psychotherapy services that do not involve therapeutic communication. "Administrative support" includes, but is not limited to: (1) Managing appointment scheduling and reminders; (2) Processing billing and insurance claims; and (3) Drafting general communications related to therapy logistics that do not include therapeutic communication.22 MRSA § 1730-B(1)(A). "Supplementary supportSupplementary support"Supplementary support" means tasks performed to assist a licensed professional, in the delivery of therapy or psychotherapy services, that do not involve therapeutic communication and that are not administrative support. "Supplementary support" includes, but is not limited to: (1) Preparing and maintaining client records, including therapy notes; (2) Analyzing anonymized data to track client progress or identify trends, subject to review by a licensed professional; and (3) Identifying and organizing external resources or referrals for client use.22 MRSA § 1730-B(1)(F)" includes, but is not limited to: (1) Preparing and maintaining client records, including therapy notes; (2) Analyzing anonymized data to track client progress or identify trends, subject to review by a licensed professionalLicensed professional"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.22 MRSA § 1730-B(1)(E); and (3) Identifying and organizing external resources or referrals for client use.
(1)(G) "Therapeutic communicationTherapeutic communication"Therapeutic communication" means any verbal, nonverbal or written interaction, conducted in a clinical or professional setting, that is intended to diagnose, treat or address a client's mental, emotional or behavioral health concerns. "Therapeutic communication" includes, but is not limited to: (1) Direct interactions with clients for the purpose of understanding their thoughts, emotions or experiences; (2) Providing guidance, therapeutic strategies or interventions designed to achieve mental health outcomes; (3) Offering emotional support, reassurance or empathy in response to psychological or emotional distress; (4) Collaborating with clients to develop or modify therapeutic goals or treatment plans; and (5) Offering behavioral feedback intended to promote psychological growth or address mental health conditions.22 MRSA § 1730-B(1)(G)" means any verbal, nonverbal or written interaction, conducted in a clinical or professional setting, that is intended to diagnose, treat or address a client's mental, emotional or behavioral health concerns. "Therapeutic communicationTherapeutic communication"Therapeutic communication" means any verbal, nonverbal or written interaction, conducted in a clinical or professional setting, that is intended to diagnose, treat or address a client's mental, emotional or behavioral health concerns. "Therapeutic communication" includes, but is not limited to: (1) Direct interactions with clients for the purpose of understanding their thoughts, emotions or experiences; (2) Providing guidance, therapeutic strategies or interventions designed to achieve mental health outcomes; (3) Offering emotional support, reassurance or empathy in response to psychological or emotional distress; (4) Collaborating with clients to develop or modify therapeutic goals or treatment plans; and (5) Offering behavioral feedback intended to promote psychological growth or address mental health conditions.22 MRSA § 1730-B(1)(G)" includes, but is not limited to: (1) Direct interactions with clients for the purpose of understanding their thoughts, emotions or experiences; (2) Providing guidance, therapeutic strategies or interventions designed to achieve mental health outcomes; (3) Offering emotional support, reassurance or empathy in response to psychological or emotional distress; (4) Collaborating with clients to develop or modify therapeutic goals or treatment plans; and (5) Offering behavioral feedback intended to promote psychological growth or address mental health conditions.
(1)(H) "Therapy or psychotherapy servicesTherapy or psychotherapy services"Therapy or psychotherapy services" means services provided to diagnose, treat or improve an individual's mental health or behavioral health.22 MRSA § 1730-B(1)(H)" means services provided to diagnose, treat or improve an individual's mental health or behavioral health.
Subsection 1 establishes the defined terms for the entire section, including the key boundary terms — administrative support, supplementary support, and therapeutic communication — that determine the scope of permissible and prohibited AI use. The definition of consent is notably strict, excluding acceptance of general terms-of-use agreements and requiring an explicit, informed, revocable written act.
(2) 1 A licensed professionalLicensed professional"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.22 MRSA § 1730-B(1)(E) may use artificial intelligenceArtificial intelligence"Artificial intelligence" means a machine-based system that, for explicit or implicit objectives, infers, from the input it receives, how to generate outputs, such as predictions, content, recommendations or decisions, that can influence physical or virtual environments.22 MRSA § 1730-B(1)(B) to assist in providing administrative supportAdministrative support"Administrative support" means tasks performed to assist a licensed professional in the delivery of therapy or psychotherapy services that do not involve therapeutic communication. "Administrative support" includes, but is not limited to: (1) Managing appointment scheduling and reminders; (2) Processing billing and insurance claims; and (3) Drafting general communications related to therapy logistics that do not include therapeutic communication.22 MRSA § 1730-B(1)(A) or supplementary supportSupplementary support"Supplementary support" means tasks performed to assist a licensed professional, in the delivery of therapy or psychotherapy services, that do not involve therapeutic communication and that are not administrative support. "Supplementary support" includes, but is not limited to: (1) Preparing and maintaining client records, including therapy notes; (2) Analyzing anonymized data to track client progress or identify trends, subject to review by a licensed professional; and (3) Identifying and organizing external resources or referrals for client use.22 MRSA § 1730-B(1)(F) in therapy or psychotherapy servicesTherapy or psychotherapy services"Therapy or psychotherapy services" means services provided to diagnose, treat or improve an individual's mental health or behavioral health.22 MRSA § 1730-B(1)(H) only if the licensed professionalLicensed professional"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.22 MRSA § 1730-B(1)(E) maintains full responsibility for all interactions, outputs and data use associated with the use of artificial intelligenceArtificial intelligence"Artificial intelligence" means a machine-based system that, for explicit or implicit objectives, infers, from the input it receives, how to generate outputs, such as predictions, content, recommendations or decisions, that can influence physical or virtual environments.22 MRSA § 1730-B(1)(B) and satisfies the requirements of subsection 3.
Subsection 2 establishes the threshold condition for any use of AI in therapy or psychotherapy: the licensed professional must maintain full responsibility for all interactions, outputs, and data use associated with the AI, and must satisfy the informed-consent requirements of subsection 3. This provision functions as a continuing accountability requirement — not merely a one-time acknowledgment — that the licensed professional retains professional responsibility over the AI tool at all times.
(3)(A)–(B) 2 A licensed professionalLicensed professional"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.22 MRSA § 1730-B(1)(E) may use artificial intelligenceArtificial intelligence"Artificial intelligence" means a machine-based system that, for explicit or implicit objectives, infers, from the input it receives, how to generate outputs, such as predictions, content, recommendations or decisions, that can influence physical or virtual environments.22 MRSA § 1730-B(1)(B) to assist in providing supplementary supportSupplementary support"Supplementary support" means tasks performed to assist a licensed professional, in the delivery of therapy or psychotherapy services, that do not involve therapeutic communication and that are not administrative support. "Supplementary support" includes, but is not limited to: (1) Preparing and maintaining client records, including therapy notes; (2) Analyzing anonymized data to track client progress or identify trends, subject to review by a licensed professional; and (3) Identifying and organizing external resources or referrals for client use.22 MRSA § 1730-B(1)(F) in therapy or psychotherapy servicesTherapy or psychotherapy services"Therapy or psychotherapy services" means services provided to diagnose, treat or improve an individual's mental health or behavioral health.22 MRSA § 1730-B(1)(H) 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 intelligenceArtificial intelligence"Artificial intelligence" means a machine-based system that, for explicit or implicit objectives, infers, from the input it receives, how to generate outputs, such as predictions, content, recommendations or decisions, that can influence physical or virtual environments.22 MRSA § 1730-B(1)(B) will be used; (2) The specific purpose of the artificial intelligenceArtificial intelligence"Artificial intelligence" means a machine-based system that, for explicit or implicit objectives, infers, from the input it receives, how to generate outputs, such as predictions, content, recommendations or decisions, that can influence physical or virtual environments.22 MRSA § 1730-B(1)(B) tool or system that will be used; and (3) How session data collected by artificial intelligenceArtificial intelligence"Artificial intelligence" means a machine-based system that, for explicit or implicit objectives, infers, from the input it receives, how to generate outputs, such as predictions, content, recommendations or decisions, that can influence physical or virtual environments.22 MRSA § 1730-B(1)(B) will be stored, retained, used for training and deleted upon termination of therapy or psychotherapy servicesTherapy or psychotherapy services"Therapy or psychotherapy services" means services provided to diagnose, treat or improve an individual's mental health or behavioral health.22 MRSA § 1730-B(1)(H); and B. The client or the client's legally authorized representative provides consentConsent"Consent" means a clear, explicit and affirmative act by an individual that: unambiguously communicates the individual's express, informed, voluntary, specific and unambiguous written agreement, including a written agreement provided by electronic means; and is revocable by the individual. "Consent" does not include an agreement that is obtained by: (1) The acceptance of a general or broad terms-of-use agreement or a similar document that contains descriptions of artificial intelligence along with unrelated information; (2) An individual's hovering over, muting, pausing or closing a given piece of electronic content; or (3) An agreement obtained through the use of deceptive actions.22 MRSA § 1730-B(1)(C) to the use of artificial intelligenceArtificial intelligence"Artificial intelligence" means a machine-based system that, for explicit or implicit objectives, infers, from the input it receives, how to generate outputs, such as predictions, content, recommendations or decisions, that can influence physical or virtual environments.22 MRSA § 1730-B(1)(B).
Subsection 3 imposes the specific informed-consent requirements that must be satisfied before AI is used to record or transcribe a client's therapeutic session for supplementary support purposes. The client (or legally authorized representative) must be informed in writing of the AI's use, its specific purpose, and how session data will be stored, retained, used for training, and deleted. The client must then provide consent as defined in subsection 1(C) — meaning explicit, informed, voluntary, specific, revocable written consent that cannot be obtained through general terms-of-use or deceptive actions.
(4) — first and second sentences 3 A person may not provide, advertise or otherwise offer therapy or psychotherapy servicesTherapy or psychotherapy services"Therapy or psychotherapy services" means services provided to diagnose, treat or improve an individual's mental health or behavioral health.22 MRSA § 1730-B(1)(H), including through the use of Internet-based artificial intelligenceArtificial intelligence"Artificial intelligence" means a machine-based system that, for explicit or implicit objectives, infers, from the input it receives, how to generate outputs, such as predictions, content, recommendations or decisions, that can influence physical or virtual environments.22 MRSA § 1730-B(1)(B), to the public unless the therapy or psychotherapy servicesTherapy or psychotherapy services"Therapy or psychotherapy services" means services provided to diagnose, treat or improve an individual's mental health or behavioral health.22 MRSA § 1730-B(1)(H) are provided by a licensed professionalLicensed professional"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.22 MRSA § 1730-B(1)(E). A licensed professionalLicensed professional"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.22 MRSA § 1730-B(1)(E) may use artificial intelligenceArtificial intelligence"Artificial intelligence" means a machine-based system that, for explicit or implicit objectives, infers, from the input it receives, how to generate outputs, such as predictions, content, recommendations or decisions, that can influence physical or virtual environments.22 MRSA § 1730-B(1)(B) only to the extent the use meets the requirements of subsection 3.
(4)(A)–(C) 4 A licensed professionalLicensed professional"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.22 MRSA § 1730-B(1)(E) may not allow artificial intelligenceArtificial intelligence"Artificial intelligence" means a machine-based system that, for explicit or implicit objectives, infers, from the input it receives, how to generate outputs, such as predictions, content, recommendations or decisions, that can influence physical or virtual environments.22 MRSA § 1730-B(1)(B) to: A. Make independent therapeutic decisions; B. Directly interact with clients in any form of therapeutic communicationTherapeutic communication"Therapeutic communication" means any verbal, nonverbal or written interaction, conducted in a clinical or professional setting, that is intended to diagnose, treat or address a client's mental, emotional or behavioral health concerns. "Therapeutic communication" includes, but is not limited to: (1) Direct interactions with clients for the purpose of understanding their thoughts, emotions or experiences; (2) Providing guidance, therapeutic strategies or interventions designed to achieve mental health outcomes; (3) Offering emotional support, reassurance or empathy in response to psychological or emotional distress; (4) Collaborating with clients to develop or modify therapeutic goals or treatment plans; and (5) Offering behavioral feedback intended to promote psychological growth or address mental health conditions.22 MRSA § 1730-B(1)(G); or C. Generate therapeutic recommendations or treatment plans without review and approval by the licensed professionalLicensed professional"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.22 MRSA § 1730-B(1)(E).
Subsection 4 contains two distinct obligations. First, it prohibits any person from providing, advertising, or offering therapy or psychotherapy services to the public through AI unless the services are provided by a licensed professional — effectively barring unlicensed AI-therapy products from the Maine market. Second, it prohibits licensed professionals from allowing AI to make independent therapeutic decisions, directly interact with clients in therapeutic communication, or generate treatment plans without the licensed professional's review and approval. These prohibitions operate as bright-line rules with no discretionary element.
(5) 5 All records kept by a licensed professionalLicensed professional"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.22 MRSA § 1730-B(1)(E) and all communications between an individual seeking therapy or psychotherapy servicesTherapy or psychotherapy services"Therapy or psychotherapy services" means services provided to diagnose, treat or improve an individual's mental health or behavioral health.22 MRSA § 1730-B(1)(H) and a licensed professionalLicensed professional"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.22 MRSA § 1730-B(1)(E) or between a client and a licensed professionalLicensed professional"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.22 MRSA § 1730-B(1)(E) are confidential and may not be disclosed except as required under law.
Subsection 5 establishes a confidentiality requirement for all records kept by a licensed professional and all communications between a client (or prospective client) and a licensed professional. Disclosure is prohibited except as required under law. This extends existing therapeutic confidentiality protections to AI-related records.
(6) A person found in violation of this section shall pay a civil penalty to the departmentDepartment"Department" means the Department of Professional and Financial Regulation.22 MRSA § 1730-B(1)(D) in an amount not to exceed $10,000 per violation, as determined by the departmentDepartment"Department" means the Department of Professional and Financial Regulation.22 MRSA § 1730-B(1)(D). The penalty must be assessed based on the degree of harm and the circumstances of the violation. The civil penalty must be assessed by the departmentDepartment"Department" means the Department of Professional and Financial Regulation.22 MRSA § 1730-B(1)(D) after a hearing is held in accordance with the Maine Administrative Procedure Act. A person found in violation of this section shall pay the civil penalty within 60 days after the date of an order by the departmentDepartment"Department" means the Department of Professional and Financial Regulation.22 MRSA § 1730-B(1)(D). The departmentDepartment"Department" means the Department of Professional and Financial Regulation.22 MRSA § 1730-B(1)(D) has authority to investigate any actual, alleged or suspected violation of this section.
Subsection 6 establishes the enforcement mechanism: civil penalties up to $10,000 per violation, assessed by the Department of Professional and Financial Regulation after an administrative hearing under the Maine Administrative Procedure Act. The department has broad investigative authority over actual, alleged, or suspected violations. There is no private right of action.
(7)(A)–(B) This section does not apply to: A. An artificial intelligenceArtificial intelligence"Artificial intelligence" means a machine-based system that, for explicit or implicit objectives, infers, from the input it receives, how to generate outputs, such as predictions, content, recommendations or decisions, that can influence physical or virtual environments.22 MRSA § 1730-B(1)(B)-based intervention that is used solely within a research project approved by an institutional review board, as defined in Title 22, section 1711-C, subsection 6, paragraph G, and conducted in compliance with all applicable federal protections for human subjects in research; and B. An artificial intelligenceArtificial intelligence"Artificial intelligence" means a machine-based system that, for explicit or implicit objectives, infers, from the input it receives, how to generate outputs, such as predictions, content, recommendations or decisions, that can influence physical or virtual environments.22 MRSA § 1730-B(1)(B)-based intervention that is authorized or reimbursed under a program administered by the United States Department of Health and Human Services, Centers for Medicare and Medicaid Services, including demonstration waivers or innovation models, and conducted in compliance with all federal laws and regulations.
Subsection 7 carves out two categories from the section's requirements: (1) AI interventions used solely within IRB-approved research projects conducted in compliance with federal human-subjects protections, and (2) AI interventions authorized or reimbursed under CMS programs (including demonstration waivers or innovation models) conducted in compliance with federal law. These exceptions reflect standard research and federal-program carve-outs.