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

Summary

Regulates the use of artificial intelligence in psychotherapy and therapy 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 for administrative and supplementary support only if 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 any actual, alleged, or suspected violation. Enforcement is agency-initiated through board investigation. Violators must be provided written notice of the finding and have 30 days to request a contested case hearing under chapter 14. 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 determine the penalty amount so as to deprive the violator of any economic advantage gained by reason of the violation, to discourage similar violations, or to reimburse the board for investigation and proceeding costs. Penalty must be paid within 60 days after notice or after the date of a contested case hearing order, whichever is later. No private damages, injunctive relief, or attorney fees provisions.

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 5 obligations · click obligation ID to open requirement page

HC-02 AI in Licensed Professional Practice Restrictions · HC-02.3 · DeployerProfessional · Healthcare

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 AI-only therapy products — any therapy or psychotherapy service must have a licensed human professional conducting the services. This obligation applies broadly to any person or entity, not just licensed professionals themselves, capturing AI companies and platforms that might offer autonomous therapy services.

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 · Healthcare

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, (2) allowing AI to directly interact with clients in any form of therapeutic communication, and (3) using AI to generate therapeutic recommendations or treatment plans without the licensed professional personally reviewing and approving them before they are acted upon. The definition of therapeutic communication is broad — covering emotional support, empathy, guidance, treatment planning collaboration, and behavioral feedback. This effectively bars AI chatbots from engaging in any client-facing therapeutic dialogue within a licensed professional's practice.

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 · Healthcare

Minn. Stat. § 214.165, subd. 3

Plain Language

Licensed professionals may use AI systems for administrative and supplementary support tasks — such as maintaining records, scheduling, billing, analyzing anonymized data, organizing referrals, and drafting logistical communications — but only if the professional maintains full responsibility for all interactions, outputs, and data use associated with the AI system. This is the affirmative permission carve-out to the prohibitions in subdivision 2. The key condition is that the licensed professional retains full accountability; delegation of administrative tasks to AI does not relieve the professional of responsibility for what the system produces or how it handles client data.

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.

Other · Healthcare

Minn. Stat. § 214.165, subd. 4(a)-(e)

Plain Language

This subdivision establishes the enforcement infrastructure for the bill's substantive prohibitions. Health-related licensing boards may investigate violations and impose civil penalties up to $10,000 per violation. Violators receive written notice and may request a contested case hearing within 30 days. Penalties must be paid within 60 days of notice or after a hearing order. This provision creates no new independent compliance obligation — it is the enforcement mechanism for the obligations imposed in subdivisions 2 and 3.

Statutory Text

(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 professional under this section has the authority to investigate any actual, alleged, or suspected violation of this section.

Other · Healthcare

Minn. Stat. § 214.165, subd. 5

Plain Language

The bill's prohibitions do not apply to three categories: religious counseling provided by clergy or pastoral counselors acting in their religious capacity (so long as the services are not represented as clinical therapy), peer support services provided by individuals with lived mental health or recovery experience, and self-help or educational materials available to the public that do not claim to offer therapy or psychotherapy. This is a scope exception, not an independent compliance obligation.

Statutory Text

This section does not apply to: (1) religious counseling; (2) peer support; or (3) self-help materials and educational resources that are available to the public and do not purport to offer therapy or psychotherapy services.