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.
(1) As used in this section, the following terms have the meanings as defined in this subsection, unless the context clearly indicates otherwise: (a) "Artificial intelligenceArtificial intelligence"Artificial intelligence" or "artificial intelligence system" means a machine-based system that, for any explicit or implicit objective, infers 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.Section 1(1)(a)" or "artificial intelligenceArtificial intelligence"Artificial intelligence" or "artificial intelligence system" means a machine-based system that, for any explicit or implicit objective, infers 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.Section 1(1)(a) system" means a machine-based system that, for any explicit or implicit objective, infers 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. (b) "Artificial intelligence providerArtificial intelligence provider"Artificial intelligence provider" means a person who operates or provides an artificial intelligence system.Section 1(1)(b)" means a person who operates or provides an artificial intelligenceArtificial intelligence"Artificial intelligence" or "artificial intelligence system" means a machine-based system that, for any explicit or implicit objective, infers 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.Section 1(1)(a) system. (c) "LicenseeLicensee"Licensee" means person licensed to provide professional mental or behavioral health care.Section 1(1)(c)" means person licensed to provide professional mental or behavioral health careProfessional mental or behavioral health care"Professional mental or behavioral health care" means: (i) The practice of counseling/psychotherapy as defined in Section 73-30-3; (ii) The practice of psychology as defined in Section 73-31-3; (iii) Social work practice and clinical social work practice as defined in Section 73-53-3; (iv) The practice of marriage and family therapy as defined in Section 73-54-5; (v) Practice as a licensed professional art therapist as defined in Section 73-65-1; and (vi) The practice of music therapy as defined in Section 73-66-3.Section 1(1)(d). (d) "Professional mental or behavioral health careProfessional mental or behavioral health care"Professional mental or behavioral health care" means: (i) The practice of counseling/psychotherapy as defined in Section 73-30-3; (ii) The practice of psychology as defined in Section 73-31-3; (iii) Social work practice and clinical social work practice as defined in Section 73-53-3; (iv) The practice of marriage and family therapy as defined in Section 73-54-5; (v) Practice as a licensed professional art therapist as defined in Section 73-65-1; and (vi) The practice of music therapy as defined in Section 73-66-3.Section 1(1)(d)" means: (i) The practice of counseling/psychotherapy as defined in Section 73-30-3; (ii) The practice of psychology as defined in Section 73-31-3; (iii) Social work practice and clinical social work practice as defined in Section 73-53-3; (iv) The practice of marriage and family therapy as defined in Section 73-54-5; (v) Practice as a licensed professional art therapist as defined in Section 73-65-1; and (vi) The practice of music therapy as defined in Section 73-66-3.
(2) 1 An artificial intelligence providerArtificial intelligence provider"Artificial intelligence provider" means a person who operates or provides an artificial intelligence system.Section 1(1)(b) shall not make available for use by a person in this state an artificial intelligenceArtificial intelligence"Artificial intelligence" or "artificial intelligence system" means a machine-based system that, for any explicit or implicit objective, infers 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.Section 1(1)(a) system that is specifically programmed to provide a service or experience to a user that would constitute the practice of professional mental or behavioral health careProfessional mental or behavioral health care"Professional mental or behavioral health care" means: (i) The practice of counseling/psychotherapy as defined in Section 73-30-3; (ii) The practice of psychology as defined in Section 73-31-3; (iii) Social work practice and clinical social work practice as defined in Section 73-53-3; (iv) The practice of marriage and family therapy as defined in Section 73-54-5; (v) Practice as a licensed professional art therapist as defined in Section 73-65-1; and (vi) The practice of music therapy as defined in Section 73-66-3.Section 1(1)(d) if provided by a natural person.
(3) 2 An artificial intelligence providerArtificial intelligence provider"Artificial intelligence provider" means a person who operates or provides an artificial intelligence system.Section 1(1)(b) shall not make any representation or statement, or knowingly cause or program an artificial intelligenceArtificial intelligence"Artificial intelligence" or "artificial intelligence system" means a machine-based system that, for any explicit or implicit objective, infers 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.Section 1(1)(a) system made available for use by a person in this state to make any representation or statement, that explicitly or implicitly indicates that: (a) The artificial intelligenceArtificial intelligence"Artificial intelligence" or "artificial intelligence system" means a machine-based system that, for any explicit or implicit objective, infers 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.Section 1(1)(a) system is capable of providing professional mental or behavioral health careProfessional mental or behavioral health care"Professional mental or behavioral health care" means: (i) The practice of counseling/psychotherapy as defined in Section 73-30-3; (ii) The practice of psychology as defined in Section 73-31-3; (iii) Social work practice and clinical social work practice as defined in Section 73-53-3; (iv) The practice of marriage and family therapy as defined in Section 73-54-5; (v) Practice as a licensed professional art therapist as defined in Section 73-65-1; and (vi) The practice of music therapy as defined in Section 73-66-3.Section 1(1)(d); (b) A user of the artificial intelligenceArtificial intelligence"Artificial intelligence" or "artificial intelligence system" means a machine-based system that, for any explicit or implicit objective, infers 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.Section 1(1)(a) system may interact with any feature of the artificial intelligenceArtificial intelligence"Artificial intelligence" or "artificial intelligence system" means a machine-based system that, for any explicit or implicit objective, infers 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.Section 1(1)(a) system that simulates human conversation in order to obtain professional mental or behavioral health careProfessional mental or behavioral health care"Professional mental or behavioral health care" means: (i) The practice of counseling/psychotherapy as defined in Section 73-30-3; (ii) The practice of psychology as defined in Section 73-31-3; (iii) Social work practice and clinical social work practice as defined in Section 73-53-3; (iv) The practice of marriage and family therapy as defined in Section 73-54-5; (v) Practice as a licensed professional art therapist as defined in Section 73-65-1; and (vi) The practice of music therapy as defined in Section 73-66-3.Section 1(1)(d); or (c) The artificial intelligenceArtificial intelligence"Artificial intelligence" or "artificial intelligence system" means a machine-based system that, for any explicit or implicit objective, infers 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.Section 1(1)(a) system, or any component, feature, avatar or embodiment of the artificial intelligenceArtificial intelligence"Artificial intelligence" or "artificial intelligence system" means a machine-based system that, for any explicit or implicit objective, infers 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.Section 1(1)(a) system, is a provider of professional mental or behavioral health careProfessional mental or behavioral health care"Professional mental or behavioral health care" means: (i) The practice of counseling/psychotherapy as defined in Section 73-30-3; (ii) The practice of psychology as defined in Section 73-31-3; (iii) Social work practice and clinical social work practice as defined in Section 73-53-3; (iv) The practice of marriage and family therapy as defined in Section 73-54-5; (v) Practice as a licensed professional art therapist as defined in Section 73-65-1; and (vi) The practice of music therapy as defined in Section 73-66-3.Section 1(1)(d).
(4)(a)–(b) 3 Except as otherwise provided in this subsection, a licenseeLicensee"Licensee" means person licensed to provide professional mental or behavioral health care.Section 1(1)(c) may not use artificial intelligenceArtificial intelligence"Artificial intelligence" or "artificial intelligence system" means a machine-based system that, for any explicit or implicit objective, infers 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.Section 1(1)(a) in the practice of professional mental or behavioral health careProfessional mental or behavioral health care"Professional mental or behavioral health care" means: (i) The practice of counseling/psychotherapy as defined in Section 73-30-3; (ii) The practice of psychology as defined in Section 73-31-3; (iii) Social work practice and clinical social work practice as defined in Section 73-53-3; (iv) The practice of marriage and family therapy as defined in Section 73-54-5; (v) Practice as a licensed professional art therapist as defined in Section 73-65-1; and (vi) The practice of music therapy as defined in Section 73-66-3.Section 1(1)(d). (b) A licenseeLicensee"Licensee" means person licensed to provide professional mental or behavioral health care.Section 1(1)(c) may use artificial intelligenceArtificial intelligence"Artificial intelligence" or "artificial intelligence system" means a machine-based system that, for any explicit or implicit objective, infers 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.Section 1(1)(a) to assist in administrative or supplementary support services. (i) Administrative and supplementary support services include, but are not limited to, the following: 1. Managing appointment scheduling and reminders; 2. Drafting general communications related to therapy logistics that do not involve therapeutic advice; 3. Processing billing and insurance claims; 4. Preparing and managing patient records; or 5. Analyzing data for operational purposes. (ii) Administrative and supplementary support services do not include: 1. Making independent therapeutic decisions; 2. Directly interacting with clients in any form of therapeutic communication; 3. Generating therapeutic recommendations or treatment plans without review and approval by the licenseeLicensee"Licensee" means person licensed to provide professional mental or behavioral health care.Section 1(1)(c); or 4. Detecting a person's emotional or mental state.
(4)(c) 4 A licenseeLicensee"Licensee" means person licensed to provide professional mental or behavioral health care.Section 1(1)(c) may use artificial intelligenceArtificial intelligence"Artificial intelligence" or "artificial intelligence system" means a machine-based system that, for any explicit or implicit objective, infers 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.Section 1(1)(a) to record or transcribe a counseling or therapy session if a licenseeLicensee"Licensee" means person licensed to provide professional mental or behavioral health care.Section 1(1)(c) obtains written, informed consent at least twenty-four (24) hours before the session.
(5)(a) A person who violates any provision of this section is subject to a civil penalty of not more than Fifteen Thousand Dollars ($15,000.00) per violation. The Attorney General may investigate potential violations of this section and may bring a civil action against a person alleged to be in violation of this section.
(5)(b) Nothing in this section shall be construed to prohibit: (i) Any advertisement, statement or representation for or relating to materials, literature and other products which are meant to provide advice and guidance for self-help relating to mental or behavioral health, if the material, literature or product does not purport to offer or provide professional mental or behavioral health careProfessional mental or behavioral health care"Professional mental or behavioral health care" means: (i) The practice of counseling/psychotherapy as defined in Section 73-30-3; (ii) The practice of psychology as defined in Section 73-31-3; (iii) Social work practice and clinical social work practice as defined in Section 73-53-3; (iv) The practice of marriage and family therapy as defined in Section 73-54-5; (v) Practice as a licensed professional art therapist as defined in Section 73-65-1; and (vi) The practice of music therapy as defined in Section 73-66-3.Section 1(1)(d). (ii) Offering or operating an artificial intelligenceArtificial intelligence"Artificial intelligence" or "artificial intelligence system" means a machine-based system that, for any explicit or implicit objective, infers 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.Section 1(1)(a) system that is designed to be used by a provider of professional mental or behavioral health careProfessional mental or behavioral health care"Professional mental or behavioral health care" means: (i) The practice of counseling/psychotherapy as defined in Section 73-30-3; (ii) The practice of psychology as defined in Section 73-31-3; (iii) Social work practice and clinical social work practice as defined in Section 73-53-3; (iv) The practice of marriage and family therapy as defined in Section 73-54-5; (v) Practice as a licensed professional art therapist as defined in Section 73-65-1; and (vi) The practice of music therapy as defined in Section 73-66-3.Section 1(1)(d) to perform tasks for administrative and supplementary support services as provided in subsection (4) of this section.
Section 1 is the operative heart of the bill, establishing three distinct prohibitions. First, AI providers may not make available in Mississippi any AI system specifically programmed to provide services constituting professional mental or behavioral health care. Second, AI providers may not represent — or cause their systems to represent — that the system can provide such care, that users can obtain such care through conversational AI features, or that the system is itself a provider of such care. Third, licensees are prohibited from using AI in clinical practice, with a narrow exception for enumerated administrative and supplementary support tasks (scheduling, billing, records management, logistics communications, and operational data analysis) and for session recording or transcription with 24-hour advance written informed consent.
The administrative exception is carefully bounded: AI may not independently make therapeutic decisions, directly interact with clients therapeutically, generate treatment plans without licensee review, or detect emotional or mental states. The civil penalty of up to $15,000 per violation is enforceable by the Attorney General, and a savings clause preserves self-help materials and AI tools designed for administrative use by licensed providers.
(1)(i) 5 Used artificial intelligenceArtificial intelligence"Artificial intelligence" or "artificial intelligence system" means a machine-based system that, for any explicit or implicit objective, infers 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.Section 1(1)(a) in the practice of professional mental or behavioral health careProfessional mental or behavioral health care"Professional mental or behavioral health care" means: (i) The practice of counseling/psychotherapy as defined in Section 73-30-3; (ii) The practice of psychology as defined in Section 73-31-3; (iii) Social work practice and clinical social work practice as defined in Section 73-53-3; (iv) The practice of marriage and family therapy as defined in Section 73-54-5; (v) Practice as a licensed professional art therapist as defined in Section 73-65-1; and (vi) The practice of music therapy as defined in Section 73-66-3.Section 1(1)(d) in a manner prohibited by Section 1 of this act.
Section 2 amends the existing disciplinary statute for licensed professional counselors and psychotherapists to add a new ground for disciplinary action: using AI in professional mental or behavioral health care in a manner prohibited by Section 1. This integrates the bill's prohibitions into the existing licensing enforcement framework administered by the Board of Examiners for Licensed Professional Counselors.
(1)(k) 6 Has used artificial intelligenceArtificial intelligence"Artificial intelligence" or "artificial intelligence system" means a machine-based system that, for any explicit or implicit objective, infers 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.Section 1(1)(a) in the practice of professional mental or behavioral health careProfessional mental or behavioral health care"Professional mental or behavioral health care" means: (i) The practice of counseling/psychotherapy as defined in Section 73-30-3; (ii) The practice of psychology as defined in Section 73-31-3; (iii) Social work practice and clinical social work practice as defined in Section 73-53-3; (iv) The practice of marriage and family therapy as defined in Section 73-54-5; (v) Practice as a licensed professional art therapist as defined in Section 73-65-1; and (vi) The practice of music therapy as defined in Section 73-66-3.Section 1(1)(d) in a manner prohibited by Section 1 of this act.
Section 3 amends the disciplinary statute for licensed psychologists to add prohibited AI use in mental or behavioral health care as a ground for disciplinary action by the Mississippi Board of Psychology. The board may withhold, deny, revoke, or suspend a license upon proof that the psychologist used AI in violation of Section 1.
(1)(t) 7 Using artificial intelligenceArtificial intelligence"Artificial intelligence" or "artificial intelligence system" means a machine-based system that, for any explicit or implicit objective, infers 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.Section 1(1)(a) in the practice of professional mental or behavioral health careProfessional mental or behavioral health care"Professional mental or behavioral health care" means: (i) The practice of counseling/psychotherapy as defined in Section 73-30-3; (ii) The practice of psychology as defined in Section 73-31-3; (iii) Social work practice and clinical social work practice as defined in Section 73-53-3; (iv) The practice of marriage and family therapy as defined in Section 73-54-5; (v) Practice as a licensed professional art therapist as defined in Section 73-65-1; and (vi) The practice of music therapy as defined in Section 73-66-3.Section 1(1)(d) in a manner prohibited by Section 1 of this act.
Section 4 amends the disciplinary statute for licensed social workers and clinical social workers to add prohibited AI use in mental or behavioral health care as a ground for sanctions under the existing disciplinary framework. Sanctions are administered pursuant to Section 73-53-23.
(b)(vii) 8 Using artificial intelligenceArtificial intelligence"Artificial intelligence" or "artificial intelligence system" means a machine-based system that, for any explicit or implicit objective, infers 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.Section 1(1)(a) in the practice of professional mental or behavioral health careProfessional mental or behavioral health care"Professional mental or behavioral health care" means: (i) The practice of counseling/psychotherapy as defined in Section 73-30-3; (ii) The practice of psychology as defined in Section 73-31-3; (iii) Social work practice and clinical social work practice as defined in Section 73-53-3; (iv) The practice of marriage and family therapy as defined in Section 73-54-5; (v) Practice as a licensed professional art therapist as defined in Section 73-65-1; and (vi) The practice of music therapy as defined in Section 73-66-3.Section 1(1)(d) in a manner prohibited by Section 1 of this act.
Section 5 amends the disciplinary statute for licensed marriage and family therapists to add prohibited AI use as a ground for disciplinary sanctions. The board may impose any of the sanctions enumerated in Section 73-53-23.
(1)(h) 9 Has used artificial intelligenceArtificial intelligence"Artificial intelligence" or "artificial intelligence system" means a machine-based system that, for any explicit or implicit objective, infers 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.Section 1(1)(a) in the practice of professional mental or behavioral health careProfessional mental or behavioral health care"Professional mental or behavioral health care" means: (i) The practice of counseling/psychotherapy as defined in Section 73-30-3; (ii) The practice of psychology as defined in Section 73-31-3; (iii) Social work practice and clinical social work practice as defined in Section 73-53-3; (iv) The practice of marriage and family therapy as defined in Section 73-54-5; (v) Practice as a licensed professional art therapist as defined in Section 73-65-1; and (vi) The practice of music therapy as defined in Section 73-66-3.Section 1(1)(d) in a manner prohibited by Section 1 of this act.
Section 6 amends the disciplinary statute for licensed professional art therapists to add prohibited AI use as a ground for license denial, suspension, or revocation by the board.
(1)(h) 10 Use of artificial intelligenceArtificial intelligence"Artificial intelligence" or "artificial intelligence system" means a machine-based system that, for any explicit or implicit objective, infers 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.Section 1(1)(a) in the practice of professional mental health or behavioral health care in a manner prohibited by Section 1 of this act.
Section 7 amends the disciplinary statute for licensed music therapists to add prohibited AI use in professional mental or behavioral health care as a ground for board sanctions, including license suspension, revocation, denial, probation, reprimand, or fines of $100–$1,000 per violation.
This act shall take effect and be in force from and after July 1, 2026.
Section 8 sets the effective date of the act as July 1, 2026. Because the bill died in committee, this provision is inoperative.