Missouri · House Bill · 103rd General Assembly, Second Regular Session
HB2368
Missouri HCS HB 2368 & 2318 — Artificial Intelligence in Mental Health

Status ● Failed Effective N/A Passage Likelihood M

WHAT THIS BILL REGULATES · 1 REQUIREMENT TYPE

How Is This Bill Enforced

Enforcement Authority
Attorney General enforcement. Any individual may report violations to the attorney general. If the attorney general finds a violation occurred, the attorney general shall commence a civil action in a court of competent jurisdiction. No private right of action.
Private Right of Action
No private right of action. Enforcement is exclusive to the designated authority.
Penalties
Civil penalties of $10,000 for the first violation and $20,000 for any subsequent violation. Court may also grant damages, injunctive relief, attorney's fees, and any other relief the court finds appropriate. Violations are also considered unlawful practices under the Missouri Merchandising Practices Act (Chapter 407).

What This Bill Requires

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.

Statutory Text
Analysis & Obligations
§ 407.3007
Artificial intelligence in mental health — prohibited representations and enforcement
DeployerDeveloper

1 As used in this section, the following terms mean: (1) "Artificial intelligenceArtificial intelligence"Artificial intelligence" or "AI": (a) Any artificial system that performs tasks under varying and unpredictable circumstances without significant human oversight or that can learn from experience and improve performance when exposed to data sets; (b) An artificial system developed in computer software, physical hardware, or other computer systems that solves tasks requiring human-like perception, cognition, planning, learning, communication, or physical action; (c) An artificial system designed to think or act like a human, including cognitive architectures and neural networks; (d) A set of techniques, including machine learning, that is designed to approximate a cognitive task; or (e) An artificial system designed to act rationally, including an intelligent software agent or embodied robot that achieves goals using perception, planning, reasoning, learning, communicating, decision-making, and acting;§ 407.3007(1)" or "AI": (a) Any artificial system that performs tasks under varying and unpredictable circumstances without significant human oversight or that can learn from experience and improve performance when exposed to data sets; (b) An artificial system developed in computer software, physical hardware, or other computer systems that solves tasks requiring human-like perception, cognition, planning, learning, communication, or physical action; (c) An artificial system designed to think or act like a human, including cognitive architectures and neural networks; (d) A set of techniques, including machine learning, that is designed to approximate a cognitive task; or (e) An artificial system designed to act rationally, including an intelligent software agent or embodied robot that achieves goals using perception, planning, reasoning, learning, communicating, decision-making, and acting; (2) "Mental health professionalMental health professional"Mental health professional", the same as defined in section 632.005. The term "mental health professional" shall also include any person licensed in a profession regulated under chapter 337.§ 407.3007(2)", the same as defined in section 632.005. The term "mental health professionalMental health professional"Mental health professional", the same as defined in section 632.005. The term "mental health professional" shall also include any person licensed in a profession regulated under chapter 337.§ 407.3007(2)" shall also include any person licensed in a profession regulated under chapter 337.

2 1 Any person or entity that develops or deploys artificial intelligenceArtificial intelligence"Artificial intelligence" or "AI": (a) Any artificial system that performs tasks under varying and unpredictable circumstances without significant human oversight or that can learn from experience and improve performance when exposed to data sets; (b) An artificial system developed in computer software, physical hardware, or other computer systems that solves tasks requiring human-like perception, cognition, planning, learning, communication, or physical action; (c) An artificial system designed to think or act like a human, including cognitive architectures and neural networks; (d) A set of techniques, including machine learning, that is designed to approximate a cognitive task; or (e) An artificial system designed to act rationally, including an intelligent software agent or embodied robot that achieves goals using perception, planning, reasoning, learning, communicating, decision-making, and acting;§ 407.3007(1) in the state shall not advertise or represent to the public that the AI is or is able to act as a mental health professionalMental health professional"Mental health professional", the same as defined in section 632.005. The term "mental health professional" shall also include any person licensed in a profession regulated under chapter 337.§ 407.3007(2) or is capable of providing therapy services, psychotherapy services, or a mental health diagnosis.

3 2 Any violation of this section shall be considered an unlawful practice under the Missouri merchandising practices act under this chapter.

4 3 The attorney general shall enforce the provisions of this section. Any individual may report violations of this section to the attorney general. If the attorney general finds that a violation occurred, the attorney general shall commence a civil action in a court of competent jurisdiction. If the court finds that a violation occurred, the court may grant damages, civil penalties, injunctive relief, attorney's fees, and any such other relief the court finds appropriate. Notwithstanding section 407.100 to the contrary, civil penalties shall be as follows: (1) Ten thousand dollars for the first violation; or (2) Twenty thousand dollars for any subsequent violation.

Section 407.3007 creates a single, focused prohibition: persons or entities that develop or deploy AI in Missouri may not advertise or represent to the public that the AI is or is able to act as a mental health professional, or that it is capable of providing therapy, psychotherapy, or mental health diagnosis. The bill does not regulate the underlying use of AI in mental health contexts — only public-facing claims about AI's professional equivalence.

Enforcement runs exclusively through the attorney general, who must bring a civil action if a violation is found. Any individual may report violations but has no independent cause of action. Civil penalties escalate from $10,000 for a first violation to $20,000 for subsequent violations, overriding the default penalty schedule in § 407.100. Courts may also award damages, injunctive relief, and attorney's fees.

Compliance actions 1 item
1
Any person or entity that develops or deploys AI in Missouri must not advertise or represent to the public that the AI is or is able to act as a mental health professionalMental health professional"Mental health professional", the same as defined in section 632.005. The term "mental health professional" shall also include any person licensed in a profession regulated under chapter 337.§ 407.3007(2), or is capable of providing therapy services, psychotherapy services, or a mental health diagnosis.
CP-01.9

Passage Likelihood

Failed
Status Failed
Final action HCS Reported Do Pass (H) - AYES: 14 NOES: 0 PRESENT: 0

Legislative History

2025-12-11 Prefiled (H)
2026-01-07 Read First Time (H)
2026-01-08 Read Second Time (H)
2026-02-19 Referred: Health and Mental Health(H)
2026-03-05 Public Hearing Completed (H)
2026-03-12 Executive Session Completed (H)
2026-03-12 HCS Voted Do Pass (H)
2026-03-12 HCS Reported Do Pass (H) - AYES: 14 NOES: 0 PRESENT: 0

Entry Last Reviewed

2026-05-20
AI generated