WHAT THIS BILL REGULATES · 1 REQUIREMENT TYPE
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)–(i) 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 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.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 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) "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.Minn. Stat. § 214.165, subd. 1(c)" 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. (d) "Health-related licensing board" has the meaning given in section 214.01, subdivision 2. (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 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.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 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 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 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.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.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.Minn. Stat. § 214.165, subd. 1(i)" means services provided to diagnose, treat, or improve an individual's mental health or behavioral health.
Subdivision 1 establishes the definitional framework for the bill. Key terms include licensed professional (broadly covering psychologists, social workers, counselors, marriage and family therapists, alcohol and drug counselors, behavioral analysts, physicians, and other authorized professionals), therapeutic communication (any clinical interaction intended to diagnose, treat, or address mental/emotional/behavioral health), and administrative or supplementary support (non-therapeutic tasks like scheduling, billing, and record-keeping). The boundary between permitted and prohibited AI use turns entirely on this therapeutic-communication/administrative-support distinction.
(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.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.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 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)(1)–(3) 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 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.Minn. Stat. § 214.165, subd. 1(c) 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); or (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 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).
Subdivision 2 imposes two distinct prohibitions. Paragraph (a) is a universal prohibition: no individual, corporation, or entity may provide, advertise, or offer therapy or psychotherapy services to the public in Minnesota unless those services are conducted by a licensed professional. This effectively bars standalone AI therapy products. Paragraph (b) is a licensed-professional prohibition: even licensed professionals may not use 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.
Together, these provisions create a categorical ban on AI-delivered psychotherapy — both by unlicensed entities and by licensed professionals who delegate therapeutic functions to AI systems.
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 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.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) 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.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 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 creates the affirmative permission boundary: licensed professionals may use AI for administrative or supplementary support in therapy or psychotherapy services, but only if the licensed professional maintains full responsibility for all interactions, outputs, and data use associated with the system. This is the counterpart to subdivision 2's prohibitions — AI is permitted for scheduling, billing, record-keeping, anonymized data analysis, referral organization, and logistics communications, but the licensed professional must remain accountable for everything the system does.
(a) Any individual, corporation, or entity 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 $10,000 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 licensee 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 individual, corporation, or entity 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. An individual, corporation, or entity 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) An individual, corporation, or entity 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 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 4 establishes the enforcement framework. Health-related licensing boards may investigate violations and impose civil penalties up to $10,000 per violation. Penalty amounts must be calibrated to deprive the violator of economic advantage, deter future violations, or reimburse the board's investigation costs. Written notice of violations must be provided, and violators have 30 days to request a contested case hearing under chapter 14. Penalties are due within 60 days of notice or hearing order, whichever is later.
(1)–(3) 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.Minn. Stat. § 214.165, subd. 1(i).
Subdivision 5 carves out three categories from the bill's scope: religious counseling (faith-based counseling by clergy not represented as clinical services), peer support (services by individuals with lived experience offering encouragement without clinical intervention), and self-help materials and educational resources that do not purport to offer therapy or psychotherapy services. These exceptions define the outer boundary of the bill's prohibitions.