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.
I Whoever, including but not limited to individuals and entities, not being licensed or otherwise authorized to practice according to the laws of this state, advertises oneself as engaging in a profession licensed by the office of professional licensure and certification, engages in activity requiring professional licensure, or in any way holds oneself out as qualified to do so, or calls oneself a licensed professionalLicensed professional"Licensed professional" means a person holding a valid license in this state, or through a license compact, to provide therapy or psychotherapy services.RSA 310:13, IV(a)(2), or provides goods or services requiring professional licensure, or whoever does such acts after receiving notice that such person's license to practice has been suspended or revoked, is engaged in unlawful practice. The office may, for purposes of verifying licensure, request to see the license of anyone who advertises oneself as engaging in a profession licensed by the office, engages in activity requiring professional licensure, or in any way holds oneself out as qualified to do so, or calls oneself a licensed professionalLicensed professional"Licensed professional" means a person holding a valid license in this state, or through a license compact, to provide therapy or psychotherapy services.RSA 310:13, IV(a)(2), or whoever does such acts after receiving notice that such person's license to practice has been suspended or revoked, at the place of business, or where such business is being conducted, of such individual. After providing notice and opportunity to be heard in accordance with RSA 310:10, and upon making an affirmative finding of unlawful practice, the office shall impose a civil penalty of $10,000 per violation. Each violation of unlicensed or unlawful practice shall be deemed a separate offense. The board, the attorney general, or a prosecuting attorney of any county or municipality where the act of unlawful practice takes place may maintain an action to enjoin any person or entity from continuing to do acts of unlawful practice. The action to enjoin shall not replace any other civil, criminal, or regulatory remedy. An injunction without bond is available to any board.
This subsection repeals and reenacts the existing unlicensed practice provision to establish that anyone — including individuals and entities — who provides goods or services requiring professional licensure without being licensed is engaged in unlawful practice. The provision imposes a mandatory civil penalty of $10,000 per violation after notice and hearing, and authorizes boards, the attorney general, and county or municipal prosecutors to seek injunctions without bond. The provision is not AI-specific; it establishes the general unlicensed-practice framework under which subsequent AI-specific prohibitions operate.
II For any order issued in resolution of a disciplinary proceeding by the board, where the board has found unlawful practice, the board may require the respondent who is the subject of such finding to pay the office the reasonable cost of investigation and prosecution of the proceeding, but which shall not exceed $10,000. This sum may be imposed in addition to any otherwise authorized administrative fines levied by the board as part of the penalty. The investigative and prosecution costs shall be assessed by the office and any sums recovered shall be credited to the office's fund and disbursed by the office for any future investigations of complaints and activities that violate this chapter or rules adopted under this chapter.
This subsection authorizes the board to require a respondent found to have engaged in unlawful practice to pay reasonable investigation and prosecution costs, capped at $10,000, in addition to any administrative fines. Recovered sums are credited to the OPLC fund for future investigations. This is an enforcement-support provision rather than a standalone compliance obligation.
III 1 No individual, corporation, or other entity or person may provide, advertise, or otherwise offer mental health services requiring professional licensure to the public in this state through artificial intelligenceArtificial intelligence"Artificial intelligence" means any computer-based system, software, or algorithm designed to perform tasks that typically require human cognitive functions, including but not limited to natural language processing, pattern recognition, decision-making, or predictive analytics.RSA 310:13, IV(a)(1) unless those services are provided by a New Hampshire licensed mental health professional. Artificial intelligenceArtificial intelligence"Artificial intelligence" means any computer-based system, software, or algorithm designed to perform tasks that typically require human cognitive functions, including but not limited to natural language processing, pattern recognition, decision-making, or predictive analytics.RSA 310:13, IV(a)(1) shall not independently provide therapeutic communicationTherapeutic communication"Therapeutic communication" means any verbal, nonverbal, or written interaction intended to diagnose, treat, or address an individual's mental, emotional, or behavioral health concerns, including but not limited to: (i) Direct interactions with clients for the purpose of understanding or reflecting their thoughts, emotions, or experiences. (ii) Providing guidance, therapeutic strategies, or interventions designed to achieve mental health outcomes. (iii) Offering emotional support, reassurance, or empathy in response to psychological distress. (iv) Collaborating with clients to develop or modify treatment plans or therapeutic goals. (v) Delivering behavioral feedback intended to promote psychological growth or address mental health conditions.RSA 310:13, IV(a)(5) directly to a client without the involvement of a New Hampshire licensed mental health professional. This paragraph does not preclude a New Hampshire licensed mental health professional, operating within their scope of practice, from utilizing FDA-authorized and/or HIPPA compliant artificial intelligenceArtificial intelligence"Artificial intelligence" means any computer-based system, software, or algorithm designed to perform tasks that typically require human cognitive functions, including but not limited to natural language processing, pattern recognition, decision-making, or predictive analytics.RSA 310:13, IV(a)(1) tools for a client under their care provided the New Hampshire licensed professionalLicensed professional"Licensed professional" means a person holding a valid license in this state, or through a license compact, to provide therapy or psychotherapy services.RSA 310:13, IV(a)(2) exercises due diligence.
This subsection is the bill's first AI-specific prohibition. It prohibits any individual, corporation, or entity from providing, advertising, or offering mental health services requiring professional licensure through AI unless those services are delivered by a New Hampshire licensed mental health professional. AI may not independently provide therapeutic communication directly to a client without the involvement of a licensed professional. A carve-out preserves the ability of licensed professionals to use FDA-authorized and HIPAA-compliant AI tools for clients under their care, provided due diligence is exercised. The "HIPPA" reference in the statute text appears to be a drafting error for "HIPAA."
IV(a)(1)–(6) For the purposes of this paragraph: (1) "Artificial intelligenceArtificial intelligence"Artificial intelligence" means any computer-based system, software, or algorithm designed to perform tasks that typically require human cognitive functions, including but not limited to natural language processing, pattern recognition, decision-making, or predictive analytics.RSA 310:13, IV(a)(1)" means any computer-based system, software, or algorithm designed to perform tasks that typically require human cognitive functions, including but not limited to natural language processing, pattern recognition, decision-making, or predictive analytics. (2) "Licensed professionalLicensed professional"Licensed professional" means a person holding a valid license in this state, or through a license compact, to provide therapy or psychotherapy services.RSA 310:13, IV(a)(2)" means a person holding a valid license in this state, or through a license compact, to provide therapy or psychotherapy servicesTherapy or psychotherapy services"Therapy or psychotherapy services" means services provided to diagnose, treat, or improve an individual's mental health or behavioral health, but does not include religious counseling or peer support.RSA 310:13, IV(a)(6). (3) "Peer supportPeer support"Peer support" means nonclinical services provided by individuals with lived experience of mental health conditions or recovery from substance use disorders, intended to offer encouragement, understanding, and guidance without clinical intervention.RSA 310:13, IV(a)(3)" means nonclinical services provided by individuals with lived experience of mental health conditions or recovery from substance use disorders, intended to offer encouragement, understanding, and guidance without clinical intervention. (4) "Religious counselingReligious counseling"Religious counseling" means faith-based counseling provided by clergy, pastoral counselors, or other religious leaders acting within the scope of their religious duties, provided the services are not represented as clinical therapy or psychotherapy.RSA 310:13, IV(a)(4)" means faith-based counseling provided by clergy, pastoral counselors, or other religious leaders acting within the scope of their religious duties, provided the services are not represented as clinical therapy or psychotherapy. (5) "Therapeutic communicationTherapeutic communication"Therapeutic communication" means any verbal, nonverbal, or written interaction intended to diagnose, treat, or address an individual's mental, emotional, or behavioral health concerns, including but not limited to: (i) Direct interactions with clients for the purpose of understanding or reflecting their thoughts, emotions, or experiences. (ii) Providing guidance, therapeutic strategies, or interventions designed to achieve mental health outcomes. (iii) Offering emotional support, reassurance, or empathy in response to psychological distress. (iv) Collaborating with clients to develop or modify treatment plans or therapeutic goals. (v) Delivering behavioral feedback intended to promote psychological growth or address mental health conditions.RSA 310:13, IV(a)(5)" means any verbal, nonverbal, or written interaction intended to diagnose, treat, or address an individual's mental, emotional, or behavioral health concerns, including but not limited to: (i) Direct interactions with clients for the purpose of understanding or reflecting their thoughts, emotions, or experiences. (ii) Providing guidance, therapeutic strategies, or interventions designed to achieve mental health outcomes. (iii) Offering emotional support, reassurance, or empathy in response to psychological distress. (iv) Collaborating with clients to develop or modify treatment plans or therapeutic goals. (v) Delivering behavioral feedback intended to promote psychological growth or address mental health conditions. (6) "Therapy or psychotherapy servicesTherapy or psychotherapy services"Therapy or psychotherapy services" means services provided to diagnose, treat, or improve an individual's mental health or behavioral health, but does not include religious counseling or peer support.RSA 310:13, IV(a)(6)" means services provided to diagnose, treat, or improve an individual's mental health or behavioral health, but does not include religious counselingReligious counseling"Religious counseling" means faith-based counseling provided by clergy, pastoral counselors, or other religious leaders acting within the scope of their religious duties, provided the services are not represented as clinical therapy or psychotherapy.RSA 310:13, IV(a)(4) or peer supportPeer support"Peer support" means nonclinical services provided by individuals with lived experience of mental health conditions or recovery from substance use disorders, intended to offer encouragement, understanding, and guidance without clinical intervention.RSA 310:13, IV(a)(3).
IV(b)–(c) 2 No person, corporation, or entity may provide, advertise, or otherwise offer therapy or psychotherapy servicesTherapy or psychotherapy services"Therapy or psychotherapy services" means services provided to diagnose, treat, or improve an individual's mental health or behavioral health, but does not include religious counseling or peer support.RSA 310:13, IV(a)(6) or therapeutic communicationTherapeutic communication"Therapeutic communication" means any verbal, nonverbal, or written interaction intended to diagnose, treat, or address an individual's mental, emotional, or behavioral health concerns, including but not limited to: (i) Direct interactions with clients for the purpose of understanding or reflecting their thoughts, emotions, or experiences. (ii) Providing guidance, therapeutic strategies, or interventions designed to achieve mental health outcomes. (iii) Offering emotional support, reassurance, or empathy in response to psychological distress. (iv) Collaborating with clients to develop or modify treatment plans or therapeutic goals. (v) Delivering behavioral feedback intended to promote psychological growth or address mental health conditions.RSA 310:13, IV(a)(5), including through Internet-based artificial intelligenceArtificial intelligence"Artificial intelligence" means any computer-based system, software, or algorithm designed to perform tasks that typically require human cognitive functions, including but not limited to natural language processing, pattern recognition, decision-making, or predictive analytics.RSA 310:13, IV(a)(1), to the public in this state unless those services are provided by a New Hampshire licensed mental health professional. (c) This paragraph does not apply to: (1) Religious counselingReligious counseling"Religious counseling" means faith-based counseling provided by clergy, pastoral counselors, or other religious leaders acting within the scope of their religious duties, provided the services are not represented as clinical therapy or psychotherapy.RSA 310:13, IV(a)(4); or (2) Peer supportPeer support"Peer support" means nonclinical services provided by individuals with lived experience of mental health conditions or recovery from substance use disorders, intended to offer encouragement, understanding, and guidance without clinical intervention.RSA 310:13, IV(a)(3).
Subsection IV is the bill's most detailed provision, establishing definitions for artificial intelligence, licensed professional, peer support, religious counseling, therapeutic communication, and therapy or psychotherapy services. These definitions apply specifically to the paragraph's operative prohibition, which bars any person, corporation, or entity from providing, advertising, or offering therapy, psychotherapy services, or therapeutic communication — including through Internet-based AI — unless delivered by a New Hampshire licensed mental health professional.
The definition of therapeutic communication is notably broad, encompassing emotional support, reassurance, empathy in response to psychological distress, and behavioral feedback — activities that many consumer-facing AI chatbots currently perform. Religious counseling and peer support are exempted.
V(a)–(f) A commission is established to continue reviewing the implementation of this section to better understand the impacts of this section. (b) Notwithstanding RSA 14:49, the commission shall be comprised of: (1) Two members of the senate, appointed by the president of the senate. (2) Three members of the house of representatives, appointed by the speaker of the house of representatives. (3) A member appointed by the National Association of Social Workers New Hampshire. (4) A member appointed by the American Association of Marriage and Family Therapy. (5) A member appointed by the New Hampshire Psychological Association. (6) A member appointed by the New Hampshire Community Behavioral Health Association. (c) Legislative members of the commission shall receive mileage at the legislative rate when attending to the duties of the commission. (d) The commission shall review the implementation of the policy changes induced by this section to better understand the impacts. (e) The members of the study commission shall elect a chairperson from among the members. The first meeting of the commission shall be called by the first-named senate member. The first meeting of the commission shall be held within 30 days of the effective date of this section. Five members of the commission shall constitute a quorum. (f) The commission shall report its findings and any recommendations for proposed legislation to the speaker of the house of representatives, the president of the senate, the house clerk, the senate clerk, the governor, and the state library on or before November 1, 2026.
This subsection establishes a legislative study commission to review the implementation and impacts of the AI/professional licensure provisions. The commission comprises legislators and representatives from professional associations in social work, marriage and family therapy, psychology, and community behavioral health. The commission must report findings and recommendations by November 1, 2026, at which point the commission itself is repealed by Section 2 of the act.
Repeal. RSA 310:13, V, relative to commission to study the implementation of the section, is repealed.
Section 2 repeals the study commission established in RSA 310:13, V, effective November 1, 2026 — the same date the commission's report is due.
I Section 2 of this act shall take effect November 1, 2026.
II The remainder of this act shall take effect upon its passage.
Section 2 (repeal of the study commission) takes effect November 1, 2026. The remainder of the act — including all operative prohibitions on AI-delivered professional services — takes effect upon passage.