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.
(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" 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)" 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) "LicenseeLicensee"Licensee" means person licensed to provide professional mental or behavioral health care.Section 1(1)(b)" 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)(c). (c) "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)(c)" 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)(a) 1 Except as otherwise provided in this subsection, a licenseeLicensee"Licensee" means person licensed to provide professional mental or behavioral health care.Section 1(1)(b) may not use artificial intelligenceArtificial intelligence"Artificial intelligence" 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)(c).
(2)(b) 2 Except as provided in paragraph (c) of this subsection (2), licenseeLicensee"Licensee" means person licensed to provide professional mental or behavioral health care.Section 1(1)(b) may use artificial intelligenceArtificial intelligence"Artificial intelligence" 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; 5. Analyzing data for operational purposes; or 6. Identifying and organizing external resources or referrals for client use. (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)(b); or 4. Detecting a person's emotional or mental state.
(2)(c)–(d) 3 No licensed professional shall be permitted to use artificial intelligenceArtificial intelligence"Artificial intelligence" 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) as described in items 4. through 6. of paragraph (b)(i) of this subsection where the patient's therapeutic session is recorded or transcribed unless: (i) The patient or the patient's legally authorized representative is informed in writing of the following: 1. That the artificial intelligenceArtificial intelligence"Artificial intelligence" 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) will be used; and 2. The specific purpose of the artificial intelligenceArtificial intelligence"Artificial intelligence" 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) tool or system that will be used; (ii) The patient or the patient's legally authorized representative provides consent to the use of artificial intelligenceArtificial intelligence"Artificial intelligence" 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). (d) The consent required under paragraph (c) of this subsection (2) must be given by a clear, explicit affirmative act that unambiguously communicates the individual's express, informed, voluntary and specific written agreement, including a written agreement provided by electronic means. Consent is revocable by the patient at any time. Consent is not sufficient for purposes of this section if obtained by: (i) The acceptance of a general or broad terms of use agreement or a similar document that contains descriptions of artificial intelligenceArtificial intelligence"Artificial intelligence" 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) along with other unrelated information; (ii) An individual hovering over, muting, pausing or closing a given piece of digital content; or (iii) An agreement obtained through the use of deceptive actions.
(3) 4 An individual, corporation or entity may not provide, advertise or otherwise offer therapy or psychotherapy services, including through the use of Internet-based artificial intelligenceArtificial intelligence"Artificial intelligence" 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 the public in this state unless the therapy or psychotherapy services are conducted by an individual who is a licensed professional.
(4)(a) A person who violates any provision of this section is subject to a civil penalty of not more than Ten Thousand Dollars ($10,000.00) 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.
(4)(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)(c). (ii) Offering or operating an artificial intelligenceArtificial intelligence"Artificial intelligence" 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)(c) to perform tasks for administrative and supplementary support services as provided in subsection (2) of this section.
Section 1 establishes the bill's core regulatory framework. It broadly prohibits licensed mental and behavioral health professionals from using artificial intelligence in clinical practice, then carves out a narrow exception for administrative and supplementary support services such as scheduling, billing, and record management. The carve-out is itself bounded: AI may not make independent therapeutic decisions, interact directly with clients therapeutically, generate treatment plans without licensee review, or detect emotional or mental states — these activities fall outside the administrative exception and are prohibited.
Where AI is used for the permitted administrative functions of preparing patient records, analyzing data, or organizing referrals and the therapeutic session is recorded or transcribed, the licensee must first provide written notice and obtain affirmative written consent that meets strict requirements — consent through general terms of service, passive UI interactions, or deceptive means is insufficient. Consent is revocable at any time. Separately, the section prohibits any person or entity from offering therapy or psychotherapy through AI to the public unless conducted by a licensed professional, reaching beyond licensees to cover unlicensed AI therapy providers. Enforcement is through the Attorney General with civil penalties of up to $10,000 per violation.
(1)(i) 5 Used artificial intelligenceArtificial intelligence"Artificial intelligence" 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)(c) in a manner prohibited by Section 1 of this act.
Section 2 amends Mississippi Code § 73-30-21 to add a new ground for disciplinary action against licensed professional counselors: using artificial intelligence in the practice of professional mental or behavioral health care in a manner prohibited by Section 1 of this act. The board may suspend, revoke, or refuse to issue or renew a license, or reprimand the licensee, upon a finding that the licensee violated the AI prohibition.
(1)(k) 6 Has used artificial intelligenceArtificial intelligence"Artificial intelligence" 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)(c) in a manner prohibited by Section 1 of this act.
Section 3 amends Mississippi Code § 73-31-21 to add a new ground for disciplinary action against licensed psychologists: using artificial intelligence in professional mental or behavioral health care in a manner prohibited by Section 1. The board may withhold, deny, revoke, or suspend the license upon proof of the violation.
(1)(t) 7 Using artificial intelligenceArtificial intelligence"Artificial intelligence" 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)(c) in a manner prohibited by Section 1 of this act.
Section 4 amends Mississippi Code § 73-53-17 to add a new ground for disciplinary action against licensed social workers and clinical social workers: using artificial intelligence in professional mental or behavioral health care in a manner prohibited by Section 1. Licensees found in violation are subject to the sanctions enumerated in Section 73-53-23.
(b)(vii) 8 Using artificial intelligenceArtificial intelligence"Artificial intelligence" 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)(c) in a manner prohibited by Section 1 of this act.
Section 5 amends Mississippi Code § 73-54-29 to add a new ground for disciplinary action against licensed marriage and family therapists: using artificial intelligence in professional mental or behavioral health care in a manner prohibited by Section 1. Licensees found in violation are subject to the disciplinary sanctions enumerated in Section 73-53-23.
(1)(h) 9 Has used artificial intelligenceArtificial intelligence"Artificial intelligence" 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)(c) in a manner prohibited by Section 1 of this act.
Section 6 amends Mississippi Code § 73-65-13 to add a new ground for the board to deny, suspend, or revoke the license of a licensed professional art therapist: using artificial intelligence in the practice of professional mental or behavioral health care in a manner prohibited by Section 1.
(1)(h) 10 Use of artificial intelligenceArtificial intelligence"Artificial intelligence" 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 Mississippi Code § 73-66-17 to add a new ground for the board to sanction a licensed music therapist: use of artificial intelligence in the practice of professional mental health or behavioral health care in a manner prohibited by Section 1. Available sanctions include suspension, revocation, denial, or refusal to renew a license, probation, reprimand, or a fine of $100 to $1,000 per violation.
This act shall take effect and be in force from and after July 1, 2026.
Section 8 provides that the act takes effect on July 1, 2026.