Regulon — 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

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

2026-04-06 Reported Out: OTP-AM Reported Out: OTP-AM

2026-04-07 CONSENT CALENDAR - FIRST DAY

2026-04-07 Under suspension of the rules CONSENT CALENDAR - SECOND DAY.

2026-04-07 The Bill was PASSED TO BE ENGROSSED as Amended by Committee Amendment "A" (H-980). The Bill was PASSED TO BE ENGROSSED as Amended by Committee Amendment "A" (H-980).

2026-04-07 Sent for concurrence. ORDERED SENT FORTHWITH. Sent for concurrence. ORDERED SENT FORTHWITH.

2026-04-07 Report READ and ACCEPTED, in concurrence. Report READ and ACCEPTED, in concurrence.

2026-04-07 READ ONCE. READ ONCE.

2026-04-07 Committee Amendment "A" (H-980) READ and ADOPTED, in concurrence. Committee Amendment "A" (H-980) READ and ADOPTED, in concurrence.

2026-04-07 Under suspension of the Rules, READ A SECOND TIME and PASSED TO BE ENGROSSED AS AMENDED BY Committee Amendment "A" (H-980), in concurrence. Under suspension of the Rules, READ A SECOND TIME and PASSED TO BE ENGROSSED AS AMENDED BY Committee Amendment "A" (H-980), in concurrence.

2026-04-07 Ordered sent down forthwith. Ordered sent down forthwith.

2026-04-08 PASSED TO BE ENACTED. PASSED TO BE ENACTED.

2026-04-08 Sent for concurrence. ORDERED SENT FORTHWITH. Sent for concurrence. ORDERED SENT FORTHWITH.

2026-04-08 PASSED TO BE ENACTED, in concurrence. PASSED TO BE ENACTED, in concurrence.

Summary

Regulates the use of AI by licensed mental health professionals in providing therapy or psychotherapy services in Maine. Licensed professionals may use AI only for administrative support (scheduling, billing) or supplementary support (note preparation, anonymized data analysis) and must maintain full responsibility for all AI interactions, outputs, and data use. AI may not make independent therapeutic decisions, directly interact with clients in therapeutic communication, or generate treatment plans without licensed professional review. When AI is used to record or transcribe therapeutic sessions, written informed consent from the client is required. No person may offer therapy or psychotherapy 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. Exceptions exist for IRB-approved research and CMS-authorized programs.

Enforcement & Penalties

Enforcement Authority

The Department of Professional and Financial Regulation has authority to investigate any actual, alleged, or suspected violation. Enforcement is agency-initiated through administrative proceedings conducted in accordance with the Maine Administrative Procedure Act. No private right of action is created.

Penalties

Civil penalty payable to the department not to exceed $10,000 per violation, as determined by the department. 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 fees 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 5 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 or supplementary support — both of which are defined to exclude therapeutic communication. The licensed professional must maintain full responsibility for all AI interactions, outputs, and data use. This is a gatekeeping obligation: any use of AI that goes beyond these permitted categories is unlawful, and the professional remains personally accountable for everything the AI produces. The professional must also satisfy the informed consent requirements of subsection 3 for supplementary support involving session recording or transcription.

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 for supplementary support purposes, the professional must first provide the client (or their legally authorized representative) with written notice covering three specific items: that AI will be used, the specific purpose of the AI tool, and how session data will be stored, retained, used for training, and deleted upon termination of services. The client must then provide affirmative written consent that meets a high bar — general terms-of-use acceptance, passive UI interactions, and deceptively obtained agreements do not qualify. Consent is revocable at any time.

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 imposes three distinct prohibitions. First, no person — licensed or not — may offer therapy or psychotherapy to the public through AI unless a licensed professional is actually providing the services; this effectively bans standalone AI therapy products not supervised by a licensee. Second, licensed professionals may not allow AI to make independent therapeutic decisions or directly interact with clients in therapeutic communication. Third, AI may not generate treatment plans or therapeutic recommendations unless the licensed professional reviews and approves them before they are acted upon. The definition of therapeutic communication is broad, encompassing emotional support, diagnostic interactions, treatment planning, and behavioral feedback.

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 any individual seeking or receiving therapy — including AI-generated or AI-processed data — are confidential. Disclosure is prohibited except as otherwise required by law. This operates as a data use limitation: session data collected by AI tools in the course of therapy may not be disclosed or repurposed beyond what law permits, reinforcing the purpose limitation in subsection 3(A)(3) regarding data storage, training use, and deletion.

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.

Other · Healthcare

22 MRSA § 1730-B(7)(A)-(B)

Plain Language

Two categories of AI use in therapy are fully exempt from the section's requirements: (1) AI interventions used solely within IRB-approved research projects that comply with federal human subjects protections, and (2) AI interventions authorized or reimbursed under CMS programs (including demonstration waivers or innovation models) that comply with all applicable federal regulations. These exceptions create no new compliance obligation — they carve out existing federally supervised programs from the state regulatory scheme.

Statutory Text

7. Exceptions. This section does not apply to: A. An artificial intelligence-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 intelligence-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.