Regulon.AI — MN-SF-4280 · MN SF 4280 (AI in Psychotherapy)

Summary

Regulates the use of artificial intelligence in psychotherapy services in Minnesota. Prohibits any individual, corporation, or entity from offering therapy or psychotherapy services to the public unless conducted by a licensed professional. Prohibits licensed professionals from using AI systems to make independent therapeutic decisions, directly interact with clients in therapeutic communication, or generate treatment plans without professional review and approval. Permits AI use for administrative or supplementary support tasks provided the licensed professional maintains full responsibility. Enforced by health-related licensing boards with civil penalties up to $10,000 per violation. Exempts religious counseling, peer support, and self-help materials.

Enforcement & Penalties

Enforcement Authority

Health-related licensing boards responsible for regulating the relevant profession have authority to investigate actual, alleged, or suspected violations. Enforcement is agency-initiated through board investigation. Violators receive written notice of the finding and may request a contested case hearing under chapter 14 within 30 days. No private right of action is created.

Penalties

Civil penalty not to exceed $10,000 per violation, payable to the health-related licensing board. The board must set the penalty amount to deprive the violator of economic advantage gained, discourage similar violations, or reimburse the board for investigation and proceeding costs (including Court of Administrative Hearings fees, Attorney General legal and investigative services, court reporters, witnesses, reproduction of records, board member per diem, staff time, and travel costs). Penalty must be paid within 60 days after notice or after a contested case hearing order, whichever is later.

Who Is Covered

"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.

Compliance Obligations 3 obligations · click obligation ID to open requirement page

HC-02 AI in Licensed Professional Practice Restrictions · HC-02.3 · DeployerDeveloper · HealthcareChatbot

Minn. Stat. § 214.165, subd. 2(a)

Plain Language

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 prohibits standalone AI therapy products — an AI chatbot or platform cannot independently deliver therapy or psychotherapy without a licensed human practitioner conducting the services. The prohibition applies to any entity, not just licensees, capturing both AI developers and deployers who market AI-only therapy products.

Statutory Text

(a) An individual, corporation, or entity must not provide, advertise, or otherwise offer therapy or psychotherapy services to the public in Minnesota unless the therapy or psychotherapy services are conducted by an individual who is a licensed professional.

HC-02 AI in Licensed Professional Practice Restrictions · HC-02.2 · Professional · HealthcareChatbot

Minn. Stat. § 214.165, subd. 2(b)

Plain Language

Licensed professionals are prohibited from using AI systems in three specific ways: (1) allowing AI to make independent therapeutic decisions without human involvement; (2) allowing AI to directly interact with clients in any form of therapeutic communication (which is broadly defined to include emotional support, guidance, treatment plan collaboration, and behavioral feedback); and (3) allowing AI to generate treatment plans or therapeutic recommendations that the licensed professional has not reviewed and approved before they reach the client. This is stricter than a human-in-the-loop requirement — it categorically bars AI from any direct therapeutic client interaction, even supervised ones.

Statutory Text

(b) A licensed professional must not use artificial intelligence systems to: (1) make independent therapeutic decisions; (2) directly interact with clients in any form of therapeutic communication; or (3) generate therapeutic recommendations or treatment plans without review and approval by the licensed professional.

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

Minn. Stat. § 214.165, subd. 3

Plain Language

Licensed professionals are permitted to use AI for administrative and supplementary support tasks — such as note-taking, scheduling, billing, anonymized data analysis, resource identification, and logistical communications — but only if they maintain full responsibility for all interactions, outputs, and data use associated with the AI system. The key boundary is that permitted AI use must not involve therapeutic communication. This creates a safe harbor for back-office and logistical AI tools while preserving the prohibition on client-facing therapeutic AI use.

Statutory Text

A licensed professional may use artificial intelligence systems to assist in providing administrative or supplementary support in therapy or psychotherapy services if the licensed professional maintains full responsibility for all interactions, outputs, and data use associated with the system.