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) For purposes of this section, the terms defined in this subdivision have the meanings given.
(b) "Administrative or supplementary supportAdministrative or supplementary support"Administrative or supplementary support" means tasks performed to assist a licensed professional in the delivery of therapy or psychotherapy services that do not involve therapeutic communication. Administrative or supplementary support includes but is not limited to: (1) preparing and maintaining client records, including but not limited to therapy notes; (2) managing appointment scheduling and reminders; (3) processing billing and insurance claims; (4) analyzing anonymized data to track client progress or identify trends for review by a licensed professional; (5) identifying and organizing external resources or referrals for client use; and (6) drafting general communications related to therapy logistics that do not include therapeutic advice.Minn. Stat. § 214.165, subd. 1(b)" means tasks performed to assist a licensed professionalLicensed professional"Licensed professional" means an individual who holds a valid license issued in Minnesota to provide therapy or psychotherapy services, including but not limited to: (1) a licensed psychologist providing clinical services under sections 148.88 to 148.981; (2) a licensed social worker, graduate social worker, independent social worker, or independent clinical social worker under chapter 148E; (3) a licensed professional counselor or licensed professional clinical counselor under sections 148B.50 to 148B.75; (4) a licensed marriage and family therapist under sections 148B.06 to 148B.392; (5) a licensed alcohol and drug counselor authorized to provide therapy or psychotherapy services under chapter 148F; (6) a licensed behavioral analyst under sections 148.9981 to 148.9995; (7) a licensed physician under chapter 147; and (8) any other health professional authorized in Minnesota to provide therapy or psychotherapy services.Minn. Stat. § 214.165, subd. 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. Therapy or psychotherapy services include but are not limited to psychological or psychosocial assessment services.Minn. Stat. § 214.165, subd. 1(i) 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 an individual's mental, emotional, or behavioral health concerns. Therapeutic communication includes but is not limited to: (1) directly interacting with clients for the purpose of understanding or reflecting the client's 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.Minn. Stat. § 214.165, subd. 1(h). Administrative or supplementary supportAdministrative or supplementary support"Administrative or supplementary support" means tasks performed to assist a licensed professional in the delivery of therapy or psychotherapy services that do not involve therapeutic communication. Administrative or supplementary support includes but is not limited to: (1) preparing and maintaining client records, including but not limited to therapy notes; (2) managing appointment scheduling and reminders; (3) processing billing and insurance claims; (4) analyzing anonymized data to track client progress or identify trends for review by a licensed professional; (5) identifying and organizing external resources or referrals for client use; and (6) drafting general communications related to therapy logistics that do not include therapeutic advice.Minn. Stat. § 214.165, subd. 1(b) includes but is not limited to: (1) preparing and maintaining client records, including but not limited to therapy notes; (2) managing appointment scheduling and reminders; (3) processing billing and insurance claims; (4) analyzing anonymized data to track client progress or identify trends for review by a licensed professionalLicensed professional"Licensed professional" means an individual who holds a valid license issued in Minnesota to provide therapy or psychotherapy services, including but not limited to: (1) a licensed psychologist providing clinical services under sections 148.88 to 148.981; (2) a licensed social worker, graduate social worker, independent social worker, or independent clinical social worker under chapter 148E; (3) a licensed professional counselor or licensed professional clinical counselor under sections 148B.50 to 148B.75; (4) a licensed marriage and family therapist under sections 148B.06 to 148B.392; (5) a licensed alcohol and drug counselor authorized to provide therapy or psychotherapy services under chapter 148F; (6) a licensed behavioral analyst under sections 148.9981 to 148.9995; (7) a licensed physician under chapter 147; and (8) any other health professional authorized in Minnesota to provide therapy or psychotherapy services.Minn. Stat. § 214.165, subd. 1(e); (5) identifying and organizing external resources or referrals for client use; and (6) drafting general communications related to therapy logistics that do not include therapeutic advice.
(c) "Ambient listeningAmbient listening"Ambient listening" means the ability of a device to hear and process sounds and transcribe conversations.Minn. Stat. § 214.165, subd. 1(c)" means the ability of a device to hear and process sounds and transcribe conversations.
(d) "Artificial intelligence systemArtificial intelligence system"Artificial intelligence system" means any machine-based system that, for any explicit or implicit objective, calculates from the inputs the system receives how to generate outputs, including but not limited to content, decisions, predictions, or recommendations, that can influence physical or virtual environments. Artificial intelligence system includes but is not limited to a chatbot.Minn. Stat. § 214.165, subd. 1(d)" means any machine-based system that, for any explicit or implicit objective, calculates from the inputs the system receives how to generate outputs, including but not limited to content, decisions, predictions, or recommendations, that can influence physical or virtual environments. Artificial intelligence systemArtificial intelligence system"Artificial intelligence system" means any machine-based system that, for any explicit or implicit objective, calculates from the inputs the system receives how to generate outputs, including but not limited to content, decisions, predictions, or recommendations, that can influence physical or virtual environments. Artificial intelligence system includes but is not limited to a chatbot.Minn. Stat. § 214.165, subd. 1(d) includes but is not limited to a chatbot.
(e) "Licensed professionalLicensed professional"Licensed professional" means an individual who holds a valid license issued in Minnesota to provide therapy or psychotherapy services, including but not limited to: (1) a licensed psychologist providing clinical services under sections 148.88 to 148.981; (2) a licensed social worker, graduate social worker, independent social worker, or independent clinical social worker under chapter 148E; (3) a licensed professional counselor or licensed professional clinical counselor under sections 148B.50 to 148B.75; (4) a licensed marriage and family therapist under sections 148B.06 to 148B.392; (5) a licensed alcohol and drug counselor authorized to provide therapy or psychotherapy services under chapter 148F; (6) a licensed behavioral analyst under sections 148.9981 to 148.9995; (7) a licensed physician under chapter 147; and (8) any other health professional authorized in Minnesota to provide therapy or psychotherapy services.Minn. Stat. § 214.165, subd. 1(e)" means an individual who holds a valid license issued in Minnesota 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. Therapy or psychotherapy services include but are not limited to psychological or psychosocial assessment services.Minn. Stat. § 214.165, subd. 1(i), including but not limited to: (1) a licensed psychologist providing clinical services under sections 148.88 to 148.981; (2) a licensed social worker, graduate social worker, independent social worker, or independent clinical social worker under chapter 148E; (3) a licensed professionalLicensed professional"Licensed professional" means an individual who holds a valid license issued in Minnesota to provide therapy or psychotherapy services, including but not limited to: (1) a licensed psychologist providing clinical services under sections 148.88 to 148.981; (2) a licensed social worker, graduate social worker, independent social worker, or independent clinical social worker under chapter 148E; (3) a licensed professional counselor or licensed professional clinical counselor under sections 148B.50 to 148B.75; (4) a licensed marriage and family therapist under sections 148B.06 to 148B.392; (5) a licensed alcohol and drug counselor authorized to provide therapy or psychotherapy services under chapter 148F; (6) a licensed behavioral analyst under sections 148.9981 to 148.9995; (7) a licensed physician under chapter 147; and (8) any other health professional authorized in Minnesota to provide therapy or psychotherapy services.Minn. Stat. § 214.165, subd. 1(e) counselor or licensed professionalLicensed professional"Licensed professional" means an individual who holds a valid license issued in Minnesota to provide therapy or psychotherapy services, including but not limited to: (1) a licensed psychologist providing clinical services under sections 148.88 to 148.981; (2) a licensed social worker, graduate social worker, independent social worker, or independent clinical social worker under chapter 148E; (3) a licensed professional counselor or licensed professional clinical counselor under sections 148B.50 to 148B.75; (4) a licensed marriage and family therapist under sections 148B.06 to 148B.392; (5) a licensed alcohol and drug counselor authorized to provide therapy or psychotherapy services under chapter 148F; (6) a licensed behavioral analyst under sections 148.9981 to 148.9995; (7) a licensed physician under chapter 147; and (8) any other health professional authorized in Minnesota to provide therapy or psychotherapy services.Minn. Stat. § 214.165, subd. 1(e) clinical counselor under sections 148B.50 to 148B.75; (4) a licensed marriage and family therapist under sections 148B.06 to 148B.392; (5) a licensed alcohol and drug counselor 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. Therapy or psychotherapy services include but are not limited to psychological or psychosocial assessment services.Minn. Stat. § 214.165, subd. 1(i) under chapter 148F; (6) a licensed behavioral analyst under sections 148.9981 to 148.9995; (7) a licensed physician under chapter 147; and (8) any other health professional authorized in Minnesota 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. Therapy or psychotherapy services include but are not limited to psychological or psychosocial assessment services.Minn. Stat. § 214.165, subd. 1(i).
(f) "Peer supportPeer support"Peer support" means services provided by individuals with lived experience of mental health conditions or recovery from substance use that are intended to offer encouragement, understanding, and guidance without clinical intervention.Minn. Stat. § 214.165, subd. 1(f)" means services provided by individuals with lived experience of mental health conditions or recovery from substance use that are intended to offer encouragement, understanding, and guidance without clinical intervention.
(g) "Religious counselingReligious counseling"Religious counseling" means counseling provided by clergy members, pastoral counselors, or other religious leaders acting within the scope of their religious duties if the services are explicitly faith based and are not represented as clinical mental health, therapy, or psychotherapy services.Minn. Stat. § 214.165, subd. 1(g)" means counseling provided by clergy members, pastoral counselors, or other religious leaders acting within the scope of their religious duties if the services are explicitly faith based and are not represented as clinical mental health, therapy, or psychotherapy services.
(h) "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 an individual's mental, emotional, or behavioral health concerns. Therapeutic communication includes but is not limited to: (1) directly interacting with clients for the purpose of understanding or reflecting the client's 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.Minn. Stat. § 214.165, subd. 1(h)" means any verbal, nonverbal, or written interaction conducted in a clinical or professional setting that is intended to diagnose, treat, or address an individual'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 an individual's mental, emotional, or behavioral health concerns. Therapeutic communication includes but is not limited to: (1) directly interacting with clients for the purpose of understanding or reflecting the client's 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.Minn. Stat. § 214.165, subd. 1(h) includes but is not limited to: (1) directly interacting with clients for the purpose of understanding or reflecting the client's 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.
(i) "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. Therapy or psychotherapy services include but are not limited to psychological or psychosocial assessment services.Minn. Stat. § 214.165, subd. 1(i)" means services provided to diagnose, treat, or improve an individual's mental health or behavioral health. 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. Therapy or psychotherapy services include but are not limited to psychological or psychosocial assessment services.Minn. Stat. § 214.165, subd. 1(i) include but are not limited to psychological or psychosocial assessment services.
Subdivision 1 establishes the defined terms used throughout the section. The definitions are notable for drawing a sharp line between therapeutic communication — any interaction intended to diagnose, treat, or address mental, emotional, or behavioral health concerns — and administrative or supplementary support, which covers non-therapeutic logistical tasks. This boundary is the central regulatory axis of the bill: AI may operate on the administrative side but may not cross into therapeutic communication. The definition of artificial intelligence system is broad and functional, covering any machine-based system that generates outputs from inputs, explicitly including chatbots.
(a) 1 An individual, corporation, or entity must 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. Therapy or psychotherapy services include but are not limited to psychological or psychosocial assessment services.Minn. Stat. § 214.165, subd. 1(i) to the public in Minnesota 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. Therapy or psychotherapy services include but are not limited to psychological or psychosocial assessment services.Minn. Stat. § 214.165, subd. 1(i) are conducted by an individual who is a licensed professionalLicensed professional"Licensed professional" means an individual who holds a valid license issued in Minnesota to provide therapy or psychotherapy services, including but not limited to: (1) a licensed psychologist providing clinical services under sections 148.88 to 148.981; (2) a licensed social worker, graduate social worker, independent social worker, or independent clinical social worker under chapter 148E; (3) a licensed professional counselor or licensed professional clinical counselor under sections 148B.50 to 148B.75; (4) a licensed marriage and family therapist under sections 148B.06 to 148B.392; (5) a licensed alcohol and drug counselor authorized to provide therapy or psychotherapy services under chapter 148F; (6) a licensed behavioral analyst under sections 148.9981 to 148.9995; (7) a licensed physician under chapter 147; and (8) any other health professional authorized in Minnesota to provide therapy or psychotherapy services.Minn. Stat. § 214.165, subd. 1(e).
(b) 2 A licensed professionalLicensed professional"Licensed professional" means an individual who holds a valid license issued in Minnesota to provide therapy or psychotherapy services, including but not limited to: (1) a licensed psychologist providing clinical services under sections 148.88 to 148.981; (2) a licensed social worker, graduate social worker, independent social worker, or independent clinical social worker under chapter 148E; (3) a licensed professional counselor or licensed professional clinical counselor under sections 148B.50 to 148B.75; (4) a licensed marriage and family therapist under sections 148B.06 to 148B.392; (5) a licensed alcohol and drug counselor authorized to provide therapy or psychotherapy services under chapter 148F; (6) a licensed behavioral analyst under sections 148.9981 to 148.9995; (7) a licensed physician under chapter 147; and (8) any other health professional authorized in Minnesota to provide therapy or psychotherapy services.Minn. Stat. § 214.165, subd. 1(e) must not use artificial intelligence systemsArtificial intelligence system"Artificial intelligence system" means any machine-based system that, for any explicit or implicit objective, calculates from the inputs the system receives how to generate outputs, including but not limited to content, decisions, predictions, or recommendations, that can influence physical or virtual environments. Artificial intelligence system includes but is not limited to a chatbot.Minn. Stat. § 214.165, subd. 1(d) to: (1) make independent therapeutic decisions; (2) 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 an individual's mental, emotional, or behavioral health concerns. Therapeutic communication includes but is not limited to: (1) directly interacting with clients for the purpose of understanding or reflecting the client's 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.Minn. Stat. § 214.165, subd. 1(h); (3) 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 issued in Minnesota to provide therapy or psychotherapy services, including but not limited to: (1) a licensed psychologist providing clinical services under sections 148.88 to 148.981; (2) a licensed social worker, graduate social worker, independent social worker, or independent clinical social worker under chapter 148E; (3) a licensed professional counselor or licensed professional clinical counselor under sections 148B.50 to 148B.75; (4) a licensed marriage and family therapist under sections 148B.06 to 148B.392; (5) a licensed alcohol and drug counselor authorized to provide therapy or psychotherapy services under chapter 148F; (6) a licensed behavioral analyst under sections 148.9981 to 148.9995; (7) a licensed physician under chapter 147; and (8) any other health professional authorized in Minnesota to provide therapy or psychotherapy services.Minn. Stat. § 214.165, subd. 1(e); or (4) provide psychological or psychosocial assessment services.
Subdivision 2 establishes the bill's core prohibitions. Paragraph (a) bars any individual, corporation, or entity from offering therapy or psychotherapy services to the public unless conducted by a licensed professional — this is the provision that would prohibit standalone AI therapy products. Paragraph (b) then restricts licensed professionals themselves from using AI systems for four categories of therapeutic activity: independent therapeutic decisions, direct client interaction in therapeutic communication, generating treatment plans without professional review, and psychosocial assessment. Together these provisions ensure that AI cannot substitute for the licensed professional at any point in the therapeutic process.
3 A licensed professionalLicensed professional"Licensed professional" means an individual who holds a valid license issued in Minnesota to provide therapy or psychotherapy services, including but not limited to: (1) a licensed psychologist providing clinical services under sections 148.88 to 148.981; (2) a licensed social worker, graduate social worker, independent social worker, or independent clinical social worker under chapter 148E; (3) a licensed professional counselor or licensed professional clinical counselor under sections 148B.50 to 148B.75; (4) a licensed marriage and family therapist under sections 148B.06 to 148B.392; (5) a licensed alcohol and drug counselor authorized to provide therapy or psychotherapy services under chapter 148F; (6) a licensed behavioral analyst under sections 148.9981 to 148.9995; (7) a licensed physician under chapter 147; and (8) any other health professional authorized in Minnesota to provide therapy or psychotherapy services.Minn. Stat. § 214.165, subd. 1(e) may use artificial intelligence systemsArtificial intelligence system"Artificial intelligence system" means any machine-based system that, for any explicit or implicit objective, calculates from the inputs the system receives how to generate outputs, including but not limited to content, decisions, predictions, or recommendations, that can influence physical or virtual environments. Artificial intelligence system includes but is not limited to a chatbot.Minn. Stat. § 214.165, subd. 1(d) to assist in providing administrative or supplementary supportAdministrative or supplementary support"Administrative or supplementary support" means tasks performed to assist a licensed professional in the delivery of therapy or psychotherapy services that do not involve therapeutic communication. Administrative or supplementary support includes but is not limited to: (1) preparing and maintaining client records, including but not limited to therapy notes; (2) managing appointment scheduling and reminders; (3) processing billing and insurance claims; (4) analyzing anonymized data to track client progress or identify trends for review by a licensed professional; (5) identifying and organizing external resources or referrals for client use; and (6) drafting general communications related to therapy logistics that do not include therapeutic advice.Minn. Stat. § 214.165, subd. 1(b) 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. Therapy or psychotherapy services include but are not limited to psychological or psychosocial assessment services.Minn. Stat. § 214.165, subd. 1(i) if the licensed professionalLicensed professional"Licensed professional" means an individual who holds a valid license issued in Minnesota to provide therapy or psychotherapy services, including but not limited to: (1) a licensed psychologist providing clinical services under sections 148.88 to 148.981; (2) a licensed social worker, graduate social worker, independent social worker, or independent clinical social worker under chapter 148E; (3) a licensed professional counselor or licensed professional clinical counselor under sections 148B.50 to 148B.75; (4) a licensed marriage and family therapist under sections 148B.06 to 148B.392; (5) a licensed alcohol and drug counselor authorized to provide therapy or psychotherapy services under chapter 148F; (6) a licensed behavioral analyst under sections 148.9981 to 148.9995; (7) a licensed physician under chapter 147; and (8) any other health professional authorized in Minnesota to provide therapy or psychotherapy services.Minn. Stat. § 214.165, subd. 1(e) maintains full responsibility for all interactions, outputs, and data use associated with the system.
Subdivision 3 carves out the permissible space for AI in psychotherapy practice: administrative or supplementary support only, and only if the licensed professional maintains full responsibility for all interactions, outputs, and data use. This subdivision functions as the affirmative compliance condition under which AI use in a therapy practice is lawful — it is not merely permissive language but imposes a continuing responsibility obligation on the professional.
(a) 4 If a licensed professionalLicensed professional"Licensed professional" means an individual who holds a valid license issued in Minnesota to provide therapy or psychotherapy services, including but not limited to: (1) a licensed psychologist providing clinical services under sections 148.88 to 148.981; (2) a licensed social worker, graduate social worker, independent social worker, or independent clinical social worker under chapter 148E; (3) a licensed professional counselor or licensed professional clinical counselor under sections 148B.50 to 148B.75; (4) a licensed marriage and family therapist under sections 148B.06 to 148B.392; (5) a licensed alcohol and drug counselor authorized to provide therapy or psychotherapy services under chapter 148F; (6) a licensed behavioral analyst under sections 148.9981 to 148.9995; (7) a licensed physician under chapter 147; and (8) any other health professional authorized in Minnesota to provide therapy or psychotherapy services.Minn. Stat. § 214.165, subd. 1(e) uses a chatbot to communicate with a client as part of administrative or supplementary supportAdministrative or supplementary support"Administrative or supplementary support" means tasks performed to assist a licensed professional in the delivery of therapy or psychotherapy services that do not involve therapeutic communication. Administrative or supplementary support includes but is not limited to: (1) preparing and maintaining client records, including but not limited to therapy notes; (2) managing appointment scheduling and reminders; (3) processing billing and insurance claims; (4) analyzing anonymized data to track client progress or identify trends for review by a licensed professional; (5) identifying and organizing external resources or referrals for client use; and (6) drafting general communications related to therapy logistics that do not include therapeutic advice.Minn. Stat. § 214.165, subd. 1(b), the chatbot must immediately communicate to the client that the chatbot is not a human being and that the client should consult with a family member, friend, or licensed professionalLicensed professional"Licensed professional" means an individual who holds a valid license issued in Minnesota to provide therapy or psychotherapy services, including but not limited to: (1) a licensed psychologist providing clinical services under sections 148.88 to 148.981; (2) a licensed social worker, graduate social worker, independent social worker, or independent clinical social worker under chapter 148E; (3) a licensed professional counselor or licensed professional clinical counselor under sections 148B.50 to 148B.75; (4) a licensed marriage and family therapist under sections 148B.06 to 148B.392; (5) a licensed alcohol and drug counselor authorized to provide therapy or psychotherapy services under chapter 148F; (6) a licensed behavioral analyst under sections 148.9981 to 148.9995; (7) a licensed physician under chapter 147; and (8) any other health professional authorized in Minnesota to provide therapy or psychotherapy services.Minn. Stat. § 214.165, subd. 1(e) if the client communicates one or more of the following to the chatbot: (1) thoughts or feelings related to the client's mental health; (2) symptoms the client is experiencing, if the symptoms could be those of a mental illness; (3) a mental health diagnosis or condition; or (4) thoughts of self-harm or harm to others.
(b)–(c) 5 A licensed professionalLicensed professional"Licensed professional" means an individual who holds a valid license issued in Minnesota to provide therapy or psychotherapy services, including but not limited to: (1) a licensed psychologist providing clinical services under sections 148.88 to 148.981; (2) a licensed social worker, graduate social worker, independent social worker, or independent clinical social worker under chapter 148E; (3) a licensed professional counselor or licensed professional clinical counselor under sections 148B.50 to 148B.75; (4) a licensed marriage and family therapist under sections 148B.06 to 148B.392; (5) a licensed alcohol and drug counselor authorized to provide therapy or psychotherapy services under chapter 148F; (6) a licensed behavioral analyst under sections 148.9981 to 148.9995; (7) a licensed physician under chapter 147; and (8) any other health professional authorized in Minnesota to provide therapy or psychotherapy services.Minn. Stat. § 214.165, subd. 1(e) must not use ambient listeningAmbient listening"Ambient listening" means the ability of a device to hear and process sounds and transcribe conversations.Minn. Stat. § 214.165, subd. 1(c) to assist in providing administrative or supplementary supportAdministrative or supplementary support"Administrative or supplementary support" means tasks performed to assist a licensed professional in the delivery of therapy or psychotherapy services that do not involve therapeutic communication. Administrative or supplementary support includes but is not limited to: (1) preparing and maintaining client records, including but not limited to therapy notes; (2) managing appointment scheduling and reminders; (3) processing billing and insurance claims; (4) analyzing anonymized data to track client progress or identify trends for review by a licensed professional; (5) identifying and organizing external resources or referrals for client use; and (6) drafting general communications related to therapy logistics that do not include therapeutic advice.Minn. Stat. § 214.165, subd. 1(b) unless the client provides written, informed consent to its use. Before a licensed professionalLicensed professional"Licensed professional" means an individual who holds a valid license issued in Minnesota to provide therapy or psychotherapy services, including but not limited to: (1) a licensed psychologist providing clinical services under sections 148.88 to 148.981; (2) a licensed social worker, graduate social worker, independent social worker, or independent clinical social worker under chapter 148E; (3) a licensed professional counselor or licensed professional clinical counselor under sections 148B.50 to 148B.75; (4) a licensed marriage and family therapist under sections 148B.06 to 148B.392; (5) a licensed alcohol and drug counselor authorized to provide therapy or psychotherapy services under chapter 148F; (6) a licensed behavioral analyst under sections 148.9981 to 148.9995; (7) a licensed physician under chapter 147; and (8) any other health professional authorized in Minnesota to provide therapy or psychotherapy services.Minn. Stat. § 214.165, subd. 1(e) uses ambient listeningAmbient listening"Ambient listening" means the ability of a device to hear and process sounds and transcribe conversations.Minn. Stat. § 214.165, subd. 1(c) to assist in providing administrative or supplementary supportAdministrative or supplementary support"Administrative or supplementary support" means tasks performed to assist a licensed professional in the delivery of therapy or psychotherapy services that do not involve therapeutic communication. Administrative or supplementary support includes but is not limited to: (1) preparing and maintaining client records, including but not limited to therapy notes; (2) managing appointment scheduling and reminders; (3) processing billing and insurance claims; (4) analyzing anonymized data to track client progress or identify trends for review by a licensed professional; (5) identifying and organizing external resources or referrals for client use; and (6) drafting general communications related to therapy logistics that do not include therapeutic advice.Minn. Stat. § 214.165, subd. 1(b), the licensed professionalLicensed professional"Licensed professional" means an individual who holds a valid license issued in Minnesota to provide therapy or psychotherapy services, including but not limited to: (1) a licensed psychologist providing clinical services under sections 148.88 to 148.981; (2) a licensed social worker, graduate social worker, independent social worker, or independent clinical social worker under chapter 148E; (3) a licensed professional counselor or licensed professional clinical counselor under sections 148B.50 to 148B.75; (4) a licensed marriage and family therapist under sections 148B.06 to 148B.392; (5) a licensed alcohol and drug counselor authorized to provide therapy or psychotherapy services under chapter 148F; (6) a licensed behavioral analyst under sections 148.9981 to 148.9995; (7) a licensed physician under chapter 147; and (8) any other health professional authorized in Minnesota to provide therapy or psychotherapy services.Minn. Stat. § 214.165, subd. 1(e) must: (1) provide the client with information on and the potential risks of using ambient listeningAmbient listening"Ambient listening" means the ability of a device to hear and process sounds and transcribe conversations.Minn. Stat. § 214.165, subd. 1(c), including but not limited to: (i) the purposes for which the licensed professionalLicensed professional"Licensed professional" means an individual who holds a valid license issued in Minnesota to provide therapy or psychotherapy services, including but not limited to: (1) a licensed psychologist providing clinical services under sections 148.88 to 148.981; (2) a licensed social worker, graduate social worker, independent social worker, or independent clinical social worker under chapter 148E; (3) a licensed professional counselor or licensed professional clinical counselor under sections 148B.50 to 148B.75; (4) a licensed marriage and family therapist under sections 148B.06 to 148B.392; (5) a licensed alcohol and drug counselor authorized to provide therapy or psychotherapy services under chapter 148F; (6) a licensed behavioral analyst under sections 148.9981 to 148.9995; (7) a licensed physician under chapter 147; and (8) any other health professional authorized in Minnesota to provide therapy or psychotherapy services.Minn. Stat. § 214.165, subd. 1(e) would use ambient listeningAmbient listening"Ambient listening" means the ability of a device to hear and process sounds and transcribe conversations.Minn. Stat. § 214.165, subd. 1(c); (ii) where data collected via ambient listeningAmbient listening"Ambient listening" means the ability of a device to hear and process sounds and transcribe conversations.Minn. Stat. § 214.165, subd. 1(c) is stored; (iii) who has access to data collected via ambient listeningAmbient listening"Ambient listening" means the ability of a device to hear and process sounds and transcribe conversations.Minn. Stat. § 214.165, subd. 1(c); (iv) whether any data collected via ambient listeningAmbient listening"Ambient listening" means the ability of a device to hear and process sounds and transcribe conversations.Minn. Stat. § 214.165, subd. 1(c) is used to train a large language model; (v) the timing and method for destruction of data collected via ambient listeningAmbient listening"Ambient listening" means the ability of a device to hear and process sounds and transcribe conversations.Minn. Stat. § 214.165, subd. 1(c); (vi) that the licensed professionalLicensed professional"Licensed professional" means an individual who holds a valid license issued in Minnesota to provide therapy or psychotherapy services, including but not limited to: (1) a licensed psychologist providing clinical services under sections 148.88 to 148.981; (2) a licensed social worker, graduate social worker, independent social worker, or independent clinical social worker under chapter 148E; (3) a licensed professional counselor or licensed professional clinical counselor under sections 148B.50 to 148B.75; (4) a licensed marriage and family therapist under sections 148B.06 to 148B.392; (5) a licensed alcohol and drug counselor authorized to provide therapy or psychotherapy services under chapter 148F; (6) a licensed behavioral analyst under sections 148.9981 to 148.9995; (7) a licensed physician under chapter 147; and (8) any other health professional authorized in Minnesota to provide therapy or psychotherapy services.Minn. Stat. § 214.165, subd. 1(e) will not penalize the client in any manner if the client declines to permit ambient listeningAmbient listening"Ambient listening" means the ability of a device to hear and process sounds and transcribe conversations.Minn. Stat. § 214.165, subd. 1(c); and (vii) that the licensed professionalLicensed professional"Licensed professional" means an individual who holds a valid license issued in Minnesota to provide therapy or psychotherapy services, including but not limited to: (1) a licensed psychologist providing clinical services under sections 148.88 to 148.981; (2) a licensed social worker, graduate social worker, independent social worker, or independent clinical social worker under chapter 148E; (3) a licensed professional counselor or licensed professional clinical counselor under sections 148B.50 to 148B.75; (4) a licensed marriage and family therapist under sections 148B.06 to 148B.392; (5) a licensed alcohol and drug counselor authorized to provide therapy or psychotherapy services under chapter 148F; (6) a licensed behavioral analyst under sections 148.9981 to 148.9995; (7) a licensed physician under chapter 147; and (8) any other health professional authorized in Minnesota to provide therapy or psychotherapy services.Minn. Stat. § 214.165, subd. 1(e) maintains responsibility for proofreading, correcting errors, and signing and dating case notes created via ambient listeningAmbient listening"Ambient listening" means the ability of a device to hear and process sounds and transcribe conversations.Minn. Stat. § 214.165, subd. 1(c); and (2) provide the client with an opportunity to consent or decline to consent to the use of ambient listeningAmbient listening"Ambient listening" means the ability of a device to hear and process sounds and transcribe conversations.Minn. Stat. § 214.165, subd. 1(c). (c) If a client consents to the use of ambient listeningAmbient listening"Ambient listening" means the ability of a device to hear and process sounds and transcribe conversations.Minn. Stat. § 214.165, subd. 1(c), both the client and the licensed professionalLicensed professional"Licensed professional" means an individual who holds a valid license issued in Minnesota to provide therapy or psychotherapy services, including but not limited to: (1) a licensed psychologist providing clinical services under sections 148.88 to 148.981; (2) a licensed social worker, graduate social worker, independent social worker, or independent clinical social worker under chapter 148E; (3) a licensed professional counselor or licensed professional clinical counselor under sections 148B.50 to 148B.75; (4) a licensed marriage and family therapist under sections 148B.06 to 148B.392; (5) a licensed alcohol and drug counselor authorized to provide therapy or psychotherapy services under chapter 148F; (6) a licensed behavioral analyst under sections 148.9981 to 148.9995; (7) a licensed physician under chapter 147; and (8) any other health professional authorized in Minnesota to provide therapy or psychotherapy services.Minn. Stat. § 214.165, subd. 1(e) must sign and date the consent form.
Subdivision 4 imposes two distinct obligations on licensed professionals who use AI in their practice. Paragraph (a) requires that when a chatbot used for administrative support receives a communication from a client about mental health thoughts, symptoms, diagnoses, or self-harm, the chatbot must immediately disclose that it is not a human and refer the client to consult a family member, friend, or licensed professional. This is both an AI identity disclosure triggered by context and a crisis-adjacent referral obligation. Paragraph (b) governs ambient listening (AI transcription of therapy sessions), requiring detailed written informed consent that covers seven specific categories of information — including data storage, access, LLM training use, and destruction — and must be signed and dated by both client and professional.
(a) Any licensed professionalLicensed professional"Licensed professional" means an individual who holds a valid license issued in Minnesota to provide therapy or psychotherapy services, including but not limited to: (1) a licensed psychologist providing clinical services under sections 148.88 to 148.981; (2) a licensed social worker, graduate social worker, independent social worker, or independent clinical social worker under chapter 148E; (3) a licensed professional counselor or licensed professional clinical counselor under sections 148B.50 to 148B.75; (4) a licensed marriage and family therapist under sections 148B.06 to 148B.392; (5) a licensed alcohol and drug counselor authorized to provide therapy or psychotherapy services under chapter 148F; (6) a licensed behavioral analyst under sections 148.9981 to 148.9995; (7) a licensed physician under chapter 147; and (8) any other health professional authorized in Minnesota to provide therapy or psychotherapy services.Minn. Stat. § 214.165, subd. 1(e) found in violation of this section must pay a civil penalty to the health-related licensing board responsible for regulating the relevant profession in an amount not to exceed $50,000 per violation.
(b) The health-related licensing board responsible for regulating the relevant profession must determine the amount of the penalty so as to deprive the licensed professional of any economic advantage gained by reason of the violation, to discourage similar violations, or to reimburse the board for the cost of investigation and proceeding, including but not limited to fees paid for services provided by the Court of Administrative Hearings, legal and investigative services provided by the Office of the Attorney General, court reporters, witnesses, reproduction of records, board members' per diem compensation, board staff time, and travel costs and expenses incurred by board staff and board members.
(c) The health-related licensing board responsible for regulating the relevant profession must provide the licensed professionalLicensed professional"Licensed professional" means an individual who holds a valid license issued in Minnesota to provide therapy or psychotherapy services, including but not limited to: (1) a licensed psychologist providing clinical services under sections 148.88 to 148.981; (2) a licensed social worker, graduate social worker, independent social worker, or independent clinical social worker under chapter 148E; (3) a licensed professional counselor or licensed professional clinical counselor under sections 148B.50 to 148B.75; (4) a licensed marriage and family therapist under sections 148B.06 to 148B.392; (5) a licensed alcohol and drug counselor authorized to provide therapy or psychotherapy services under chapter 148F; (6) a licensed behavioral analyst under sections 148.9981 to 148.9995; (7) a licensed physician under chapter 147; and (8) any other health professional authorized in Minnesota to provide therapy or psychotherapy services.Minn. Stat. § 214.165, subd. 1(e) with written notice of the finding of a violation and the imposition of a civil penalty that includes the reasons for the finding, the amount of the civil penalty, and the right to request a hearing under chapter 14. A licensed professionalLicensed professional"Licensed professional" means an individual who holds a valid license issued in Minnesota to provide therapy or psychotherapy services, including but not limited to: (1) a licensed psychologist providing clinical services under sections 148.88 to 148.981; (2) a licensed social worker, graduate social worker, independent social worker, or independent clinical social worker under chapter 148E; (3) a licensed professional counselor or licensed professional clinical counselor under sections 148B.50 to 148B.75; (4) a licensed marriage and family therapist under sections 148B.06 to 148B.392; (5) a licensed alcohol and drug counselor authorized to provide therapy or psychotherapy services under chapter 148F; (6) a licensed behavioral analyst under sections 148.9981 to 148.9995; (7) a licensed physician under chapter 147; and (8) any other health professional authorized in Minnesota to provide therapy or psychotherapy services.Minn. Stat. § 214.165, subd. 1(e) must request a contested case hearing under chapter 14 from the health-related licensing board within 30 days of receiving the notice in this paragraph.
(d) A licensed professionalLicensed professional"Licensed professional" means an individual who holds a valid license issued in Minnesota to provide therapy or psychotherapy services, including but not limited to: (1) a licensed psychologist providing clinical services under sections 148.88 to 148.981; (2) a licensed social worker, graduate social worker, independent social worker, or independent clinical social worker under chapter 148E; (3) a licensed professional counselor or licensed professional clinical counselor under sections 148B.50 to 148B.75; (4) a licensed marriage and family therapist under sections 148B.06 to 148B.392; (5) a licensed alcohol and drug counselor authorized to provide therapy or psychotherapy services under chapter 148F; (6) a licensed behavioral analyst under sections 148.9981 to 148.9995; (7) a licensed physician under chapter 147; and (8) any other health professional authorized in Minnesota to provide therapy or psychotherapy services.Minn. Stat. § 214.165, subd. 1(e) found in violation of this section must pay the civil penalty within 60 days after notice of the violation and imposition of civil penalty under paragraph (c) or after the date of an order issued following a contested case hearing under chapter 14, whichever is later.
(e) Each health-related licensing board responsible for regulating a licensed professionalLicensed professional"Licensed professional" means an individual who holds a valid license issued in Minnesota to provide therapy or psychotherapy services, including but not limited to: (1) a licensed psychologist providing clinical services under sections 148.88 to 148.981; (2) a licensed social worker, graduate social worker, independent social worker, or independent clinical social worker under chapter 148E; (3) a licensed professional counselor or licensed professional clinical counselor under sections 148B.50 to 148B.75; (4) a licensed marriage and family therapist under sections 148B.06 to 148B.392; (5) a licensed alcohol and drug counselor authorized to provide therapy or psychotherapy services under chapter 148F; (6) a licensed behavioral analyst under sections 148.9981 to 148.9995; (7) a licensed physician under chapter 147; and (8) any other health professional authorized in Minnesota to provide therapy or psychotherapy services.Minn. Stat. § 214.165, subd. 1(e) under this section has the authority to investigate any actual, alleged, or suspected violation of this section.
Subdivision 5 establishes the enforcement framework for licensed professionals. Civil penalties up to $50,000 per violation are payable to the relevant health-related licensing board. The board is directed to size the penalty to deprive the professional of economic advantage, discourage similar violations, or reimburse investigation costs. The professional receives written notice with reasons and may request a contested case hearing under Chapter 14 within 30 days. Each licensing board has independent investigative authority over actual, alleged, or suspected violations.
The attorney general may enforce this section under section 8.31 against an individual other than a licensed professionalLicensed professional"Licensed professional" means an individual who holds a valid license issued in Minnesota to provide therapy or psychotherapy services, including but not limited to: (1) a licensed psychologist providing clinical services under sections 148.88 to 148.981; (2) a licensed social worker, graduate social worker, independent social worker, or independent clinical social worker under chapter 148E; (3) a licensed professional counselor or licensed professional clinical counselor under sections 148B.50 to 148B.75; (4) a licensed marriage and family therapist under sections 148B.06 to 148B.392; (5) a licensed alcohol and drug counselor authorized to provide therapy or psychotherapy services under chapter 148F; (6) a licensed behavioral analyst under sections 148.9981 to 148.9995; (7) a licensed physician under chapter 147; and (8) any other health professional authorized in Minnesota to provide therapy or psychotherapy services.Minn. Stat. § 214.165, subd. 1(e), a corporation, or an entity that violates this section.
Subdivision 6 extends enforcement to non-licensed violators — individuals who are not licensed professionals, as well as corporations and entities — by authorizing the attorney general to enforce under Minn. Stat. § 8.31. This is critical because subd. 2(a) prohibits anyone from offering AI therapy without a licensed professional, meaning AI therapy companies and platform operators are within scope. Section 8.31 provides the attorney general with authority to investigate, seek injunctive relief, and impose civil penalties for violations of statutes under the attorney general's enforcement jurisdiction.
This section does not apply to: (1) religious counselingReligious counseling"Religious counseling" means counseling provided by clergy members, pastoral counselors, or other religious leaders acting within the scope of their religious duties if the services are explicitly faith based and are not represented as clinical mental health, therapy, or psychotherapy services.Minn. Stat. § 214.165, subd. 1(g); (2) peer supportPeer support"Peer support" means services provided by individuals with lived experience of mental health conditions or recovery from substance use that are intended to offer encouragement, understanding, and guidance without clinical intervention.Minn. Stat. § 214.165, subd. 1(f); or (3) self-help materials and educational resources that are available to the public and do not purport to 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. Therapy or psychotherapy services include but are not limited to psychological or psychosocial assessment services.Minn. Stat. § 214.165, subd. 1(i).
Subdivision 7 carves out three categories from the bill's scope: religious counseling, peer support, and self-help materials or educational resources that do not purport to offer therapy or psychotherapy services. The carve-outs are narrowly drawn — religious counseling must be explicitly faith-based and not represented as clinical services, and self-help materials must not purport to be therapy. These exceptions would not protect an AI system that markets itself as providing therapy or psychotherapy.