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)(a)–(j) "Administrative supportAdministrative support"Administrative support" means tasks performed to assist a licensed professional in the delivery of therapy or psychotherapy services that do not involve communication. "Administrative support" includes, but is not limited to, the following: (i) managing appointment scheduling and reminders; (ii) processing billing and insurance claims; and (iii) drafting general communications related to therapy logistics that do not include therapeutic advice.Educ. Law § 6517(1)(a)" means tasks performed to assist a licensed professionalLicensed professional"Licensed professional" means an individual who holds a valid license, credential, or certification issued by this state to practice as a psychologist, social worker, mental health practitioner, professional substance use counselor, professional substance use prevention practitioner, or to otherwise provide therapy or psychotherapy services including: (i) a licensed mental health counselor; (ii) a licensed marriage and family therapist; (iii) a licensed creative arts therapist; (iv) a licensed psychoanalyst; (v) a licensed master social worker; (vi) a licensed clinical social worker; (vii) a credentialed alcoholism and substance abuse counselor; (viii) a credentialed prevention professional; (ix) a credentialed prevention specialist; (x) a credentialed alcoholism and substance abuse counselor, credentialed prevention professional, or credentialed prevention specialist with an additional gambling designation; (xi) a certified problem gambling counselor; (xii) a credentialed alcoholism and substance abuse counselor trainee; (xiii) any other person holding any other credential that may be overseen by the office of addiction services and supports; or (xiv) any other professional licensed, credentialed, certified, or otherwise authorized by this state to provide therapy or psychotherapy services, except for a physician.Educ. Law § 6517(1)(d) in the delivery of 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. "Therapy or psychotherapy services" does not include religious counseling or peer support.Educ. Law § 6517(1)(i) that do not involve communication. "Administrative supportAdministrative support"Administrative support" means tasks performed to assist a licensed professional in the delivery of therapy or psychotherapy services that do not involve communication. "Administrative support" includes, but is not limited to, the following: (i) managing appointment scheduling and reminders; (ii) processing billing and insurance claims; and (iii) drafting general communications related to therapy logistics that do not include therapeutic advice.Educ. Law § 6517(1)(a)" includes, but is not limited to, the following: (i) managing appointment scheduling and reminders; (ii) processing billing and insurance claims; and (iii) drafting general communications related to therapy logistics that do not include therapeutic advice. (b) "Artificial intelligenceArtificial intelligence"Artificial intelligence" has the same meaning as such term is defined in section seventeen hundred of the general business law.Educ. Law § 6517(1)(b)" has the same meaning as such term is defined in section seventeen hundred of the general business law. (c) "ConsentConsent"Consent" means an affirmative written agreement, including by electronic means, which unambiguously communicates the individual's explicit, express, freely given, informed, voluntary, and specific agreement, and which is revocable by the individual. "Consent" does not include an agreement that is obtained by the following: (i) the acceptance of a general or broad terms of use, agreement or a similar document that contains descriptions of artificial intelligence along with other unrelated information; (ii) an individual hovering over, muting, pausing, or closing a given piece of digital content; or (iii) through the use of deceptive actions.Educ. Law § 6517(1)(c)" means an affirmative written agreement, including by electronic means, which unambiguously communicates the individual's explicit, express, freely given, informed, voluntary, and specific agreement, and which is revocable by the individual...
Subdivision 1 establishes ten defined terms that frame the bill's scope. The most consequential distinctions are between administrative support (logistics tasks with no communication component), supplementary support (non-therapeutic clinical-adjacent tasks such as note-taking and progress tracking), and therapeutic communication (any clinical interaction intended to diagnose, treat, or address mental health concerns). AI may be used for the first two categories under specified conditions but is categorically barred from the third.
The definition of consent is notably strict: it requires affirmative, written, revocable agreement and expressly excludes broad terms-of-use acceptance, passive UI interactions, and deceptively obtained agreement. The licensed professional definition is expansive, covering psychologists, social workers, counselors, substance-use professionals, and any state-authorized therapy provider except physicians.
(2) 1 No licensed professionalLicensed professional"Licensed professional" means an individual who holds a valid license, credential, or certification issued by this state to practice as a psychologist, social worker, mental health practitioner, professional substance use counselor, professional substance use prevention practitioner, or to otherwise provide therapy or psychotherapy services including: (i) a licensed mental health counselor; (ii) a licensed marriage and family therapist; (iii) a licensed creative arts therapist; (iv) a licensed psychoanalyst; (v) a licensed master social worker; (vi) a licensed clinical social worker; (vii) a credentialed alcoholism and substance abuse counselor; (viii) a credentialed prevention professional; (ix) a credentialed prevention specialist; (x) a credentialed alcoholism and substance abuse counselor, credentialed prevention professional, or credentialed prevention specialist with an additional gambling designation; (xi) a certified problem gambling counselor; (xii) a credentialed alcoholism and substance abuse counselor trainee; (xiii) any other person holding any other credential that may be overseen by the office of addiction services and supports; or (xiv) any other professional licensed, credentialed, certified, or otherwise authorized by this state to provide therapy or psychotherapy services, except for a physician.Educ. Law § 6517(1)(d) shall be permitted to use artificial intelligenceArtificial intelligence"Artificial intelligence" has the same meaning as such term is defined in section seventeen hundred of the general business law.Educ. Law § 6517(1)(b) to assist in providing supplementary supportSupplementary support"Supplementary support" means tasks performed to assist a licensed professional in the delivery of therapy or psychotherapy services that do not involve therapeutic communication and that are not administrative support. "Supplementary support" includes, but is not limited to, the following: (i) preparing and maintaining client records, including therapy notes; (ii) analyzing anonymized data to track client progress or identify trends, subject to review by a licensed, credentialed, or certified professional; and (iii) identifying and organizing external resources or referrals for client use.Educ. Law § 6517(1)(g) in 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. "Therapy or psychotherapy services" does not include religious counseling or peer support.Educ. Law § 6517(1)(i) where the client's therapeutic session is recorded or transcribed unless: (a) the patient or the patient's legally authorized representative is informed in writing of the following: (i) that artificial intelligenceArtificial intelligence"Artificial intelligence" has the same meaning as such term is defined in section seventeen hundred of the general business law.Educ. Law § 6517(1)(b) will be used; and (ii) the specific purpose of the artificial intelligenceArtificial intelligence"Artificial intelligence" has the same meaning as such term is defined in section seventeen hundred of the general business law.Educ. Law § 6517(1)(b) tool or system that will be used; and (b) the patient or the patient's legally authorized representative provides consentConsent"Consent" means an affirmative written agreement, including by electronic means, which unambiguously communicates the individual's explicit, express, freely given, informed, voluntary, and specific agreement, and which is revocable by the individual. "Consent" does not include an agreement that is obtained by the following: (i) the acceptance of a general or broad terms of use, agreement or a similar document that contains descriptions of artificial intelligence along with other unrelated information; (ii) an individual hovering over, muting, pausing, or closing a given piece of digital content; or (iii) through the use of deceptive actions.Educ. Law § 6517(1)(c) to the use of artificial intelligenceArtificial intelligence"Artificial intelligence" has the same meaning as such term is defined in section seventeen hundred of the general business law.Educ. Law § 6517(1)(b).
Subdivision 2 imposes the bill's core informed-consent obligation: a licensed professional may not use AI for supplementary support when a therapeutic session is being recorded or transcribed unless the patient (or their legally authorized representative) has been informed in writing that AI will be used, told the specific purpose of the AI tool, and has provided affirmative written consent. This is a gatekeeping provision — the session cannot proceed with AI-assisted recording or transcription absent both written notice and consent meeting the strict definition in subdivision 1(c).
The trigger is narrow: only supplementary support involving session recording or transcription. AI used purely for administrative support (scheduling, billing) is not subject to this consent requirement, nor is supplementary support that does not involve recording or transcription.
(3)(a) 2 An individual, corporation, or entity may not 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. "Therapy or psychotherapy services" does not include religious counseling or peer support.Educ. Law § 6517(1)(i), including through the use of internet-based artificial intelligenceArtificial intelligence"Artificial intelligence" has the same meaning as such term is defined in section seventeen hundred of the general business law.Educ. Law § 6517(1)(b), to the public in this state unless the 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. "Therapy or psychotherapy services" does not include religious counseling or peer support.Educ. Law § 6517(1)(i) are conducted by an individual who is a licensed professionalLicensed professional"Licensed professional" means an individual who holds a valid license, credential, or certification issued by this state to practice as a psychologist, social worker, mental health practitioner, professional substance use counselor, professional substance use prevention practitioner, or to otherwise provide therapy or psychotherapy services including: (i) a licensed mental health counselor; (ii) a licensed marriage and family therapist; (iii) a licensed creative arts therapist; (iv) a licensed psychoanalyst; (v) a licensed master social worker; (vi) a licensed clinical social worker; (vii) a credentialed alcoholism and substance abuse counselor; (viii) a credentialed prevention professional; (ix) a credentialed prevention specialist; (x) a credentialed alcoholism and substance abuse counselor, credentialed prevention professional, or credentialed prevention specialist with an additional gambling designation; (xi) a certified problem gambling counselor; (xii) a credentialed alcoholism and substance abuse counselor trainee; (xiii) any other person holding any other credential that may be overseen by the office of addiction services and supports; or (xiv) any other professional licensed, credentialed, certified, or otherwise authorized by this state to provide therapy or psychotherapy services, except for a physician.Educ. Law § 6517(1)(d).
(3)(b) 3 A licensed professionalLicensed professional"Licensed professional" means an individual who holds a valid license, credential, or certification issued by this state to practice as a psychologist, social worker, mental health practitioner, professional substance use counselor, professional substance use prevention practitioner, or to otherwise provide therapy or psychotherapy services including: (i) a licensed mental health counselor; (ii) a licensed marriage and family therapist; (iii) a licensed creative arts therapist; (iv) a licensed psychoanalyst; (v) a licensed master social worker; (vi) a licensed clinical social worker; (vii) a credentialed alcoholism and substance abuse counselor; (viii) a credentialed prevention professional; (ix) a credentialed prevention specialist; (x) a credentialed alcoholism and substance abuse counselor, credentialed prevention professional, or credentialed prevention specialist with an additional gambling designation; (xi) a certified problem gambling counselor; (xii) a credentialed alcoholism and substance abuse counselor trainee; (xiii) any other person holding any other credential that may be overseen by the office of addiction services and supports; or (xiv) any other professional licensed, credentialed, certified, or otherwise authorized by this state to provide therapy or psychotherapy services, except for a physician.Educ. Law § 6517(1)(d) may use artificial intelligenceArtificial intelligence"Artificial intelligence" has the same meaning as such term is defined in section seventeen hundred of the general business law.Educ. Law § 6517(1)(b) only to the extent that such use meets the requirements of subdivision two of this section. A licensed professionalLicensed professional"Licensed professional" means an individual who holds a valid license, credential, or certification issued by this state to practice as a psychologist, social worker, mental health practitioner, professional substance use counselor, professional substance use prevention practitioner, or to otherwise provide therapy or psychotherapy services including: (i) a licensed mental health counselor; (ii) a licensed marriage and family therapist; (iii) a licensed creative arts therapist; (iv) a licensed psychoanalyst; (v) a licensed master social worker; (vi) a licensed clinical social worker; (vii) a credentialed alcoholism and substance abuse counselor; (viii) a credentialed prevention professional; (ix) a credentialed prevention specialist; (x) a credentialed alcoholism and substance abuse counselor, credentialed prevention professional, or credentialed prevention specialist with an additional gambling designation; (xi) a certified problem gambling counselor; (xii) a credentialed alcoholism and substance abuse counselor trainee; (xiii) any other person holding any other credential that may be overseen by the office of addiction services and supports; or (xiv) any other professional licensed, credentialed, certified, or otherwise authorized by this state to provide therapy or psychotherapy services, except for a physician.Educ. Law § 6517(1)(d) may not allow or otherwise use artificial intelligenceArtificial intelligence"Artificial intelligence" has the same meaning as such term is defined in section seventeen hundred of the general business law.Educ. Law § 6517(1)(b) to do any of the following: (i) make independent therapeutic decisions; (ii) directly interact with clients in any form of therapeutic communicationTherapeutic communication"Therapeutic communication" means any verbal, non-verbal, or written interaction conducted in a clinical or professional setting that is intended to diagnose, treat, or address an individual's mental, emotional, or behavioral health concerns. "Therapeutic communication" includes, but is 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 or emotional distress; (iv) collaborating with clients to develop or modify therapeutic goals or treatment plans; and (v) offering behavioral feedback intended to promote psychological growth or address mental health conditions.Educ. Law § 6517(1)(h); (iii) generate therapeutic recommendations or treatment plans without review and approval by the licensed professionalLicensed professional"Licensed professional" means an individual who holds a valid license, credential, or certification issued by this state to practice as a psychologist, social worker, mental health practitioner, professional substance use counselor, professional substance use prevention practitioner, or to otherwise provide therapy or psychotherapy services including: (i) a licensed mental health counselor; (ii) a licensed marriage and family therapist; (iii) a licensed creative arts therapist; (iv) a licensed psychoanalyst; (v) a licensed master social worker; (vi) a licensed clinical social worker; (vii) a credentialed alcoholism and substance abuse counselor; (viii) a credentialed prevention professional; (ix) a credentialed prevention specialist; (x) a credentialed alcoholism and substance abuse counselor, credentialed prevention professional, or credentialed prevention specialist with an additional gambling designation; (xi) a certified problem gambling counselor; (xii) a credentialed alcoholism and substance abuse counselor trainee; (xiii) any other person holding any other credential that may be overseen by the office of addiction services and supports; or (xiv) any other professional licensed, credentialed, certified, or otherwise authorized by this state to provide therapy or psychotherapy services, except for a physician.Educ. Law § 6517(1)(d); or (iv) detect emotions or mental states.
Subdivision 3 imposes two distinct obligations. First, it prohibits any individual, corporation, or entity from offering therapy or psychotherapy services through AI unless those services are conducted by a licensed professional — effectively barring AI-only therapy products from the New York market. Second, it categorically prohibits licensed professionals from allowing AI to (i) make independent therapeutic decisions, (ii) directly interact with clients in therapeutic communication, (iii) generate treatment plans without the professional's review and approval, or (iv) detect emotions or mental states.
The licensure requirement in subdivision 3(a) is notable for its breadth: it covers internet-based AI and applies to any entity offering services to the public in New York, regardless of where the entity is domiciled. The prohibitions in 3(b) align with the bill's core principle that AI may only serve in an ancillary role, never as an independent clinical actor.
(4) 4 All records kept by a licensed professionalLicensed professional"Licensed professional" means an individual who holds a valid license, credential, or certification issued by this state to practice as a psychologist, social worker, mental health practitioner, professional substance use counselor, professional substance use prevention practitioner, or to otherwise provide therapy or psychotherapy services including: (i) a licensed mental health counselor; (ii) a licensed marriage and family therapist; (iii) a licensed creative arts therapist; (iv) a licensed psychoanalyst; (v) a licensed master social worker; (vi) a licensed clinical social worker; (vii) a credentialed alcoholism and substance abuse counselor; (viii) a credentialed prevention professional; (ix) a credentialed prevention specialist; (x) a credentialed alcoholism and substance abuse counselor, credentialed prevention professional, or credentialed prevention specialist with an additional gambling designation; (xi) a certified problem gambling counselor; (xii) a credentialed alcoholism and substance abuse counselor trainee; (xiii) any other person holding any other credential that may be overseen by the office of addiction services and supports; or (xiv) any other professional licensed, credentialed, certified, or otherwise authorized by this state to provide therapy or psychotherapy services, except for a physician.Educ. Law § 6517(1)(d) and all communications between an individual seeking 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. "Therapy or psychotherapy services" does not include religious counseling or peer support.Educ. Law § 6517(1)(i) and a licensed professionalLicensed professional"Licensed professional" means an individual who holds a valid license, credential, or certification issued by this state to practice as a psychologist, social worker, mental health practitioner, professional substance use counselor, professional substance use prevention practitioner, or to otherwise provide therapy or psychotherapy services including: (i) a licensed mental health counselor; (ii) a licensed marriage and family therapist; (iii) a licensed creative arts therapist; (iv) a licensed psychoanalyst; (v) a licensed master social worker; (vi) a licensed clinical social worker; (vii) a credentialed alcoholism and substance abuse counselor; (viii) a credentialed prevention professional; (ix) a credentialed prevention specialist; (x) a credentialed alcoholism and substance abuse counselor, credentialed prevention professional, or credentialed prevention specialist with an additional gambling designation; (xi) a certified problem gambling counselor; (xii) a credentialed alcoholism and substance abuse counselor trainee; (xiii) any other person holding any other credential that may be overseen by the office of addiction services and supports; or (xiv) any other professional licensed, credentialed, certified, or otherwise authorized by this state to provide therapy or psychotherapy services, except for a physician.Educ. Law § 6517(1)(d) shall be confidential and shall not be disclosed except as required under any provisions of this article or section 33.13 of the mental hygiene law.
Subdivision 4 requires that all records kept by a licensed professional and all communications between an individual seeking therapy and a licensed professional remain confidential, with disclosure permitted only as required under the Education Law article or Mental Hygiene Law § 33.13. This provision reinforces existing confidentiality obligations in the AI context but does not create a new standalone AI-specific data governance framework — it cross-references existing law.
(5)(a)–(b) Any individual, corporation, or entity found in violation of this section shall pay a civil penalty in an amount not to exceed fifty thousand dollars per violation, as determined by the commissioner, with penalties assessed based on the degree of harm and the circumstances of the violation. Such civil penalty shall be assessed commissioner after a complaint is made and a hearing is held in accordance with section sixty-five hundred ten of this article. An individual, corporation, or entity found in violation of this section shall pay the civil penalty within sixty days after the date of an order by the commissioner imposing the civil penalty. The order shall constitute a judgment and may be filed and executed in the same manner as any judgment from a court of record. (b) The commissioner shall have authority to investigate any actual, alleged, or suspected violation of this section.
Subdivision 5 establishes the enforcement mechanism: a civil penalty of up to $50,000 per violation, assessed by the Commissioner of Education following a complaint and hearing under Education Law § 6510. Penalties are scaled based on degree of harm and circumstances. The commissioner's order constitutes a judgment enforceable as any court-of-record judgment, and payment is due within 60 days. The commissioner also has standalone authority to investigate actual, alleged, or suspected violations.
(6) This section does not apply to the following: (a) religious counselingReligious counseling"Religious counseling" means counseling provided by clergy members, pastoral counselors, or other religious leaders acting within the scope of their religious duties if the services are explicitly faith-based and are not represented as clinical mental health services or therapy or psychotherapy services.Educ. Law § 6517(1)(f); (b) peer supportPeer support"Peer support" means services provided by individuals with lived experience of mental health conditions or recovery from substance use or gambling that are intended to offer encouragement, understanding, and guidance without clinical intervention.Educ. Law § 6517(1)(e); and (c) self-help materials and educational resources that are available to the public and do not purport to 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. "Therapy or psychotherapy services" does not include religious counseling or peer support.Educ. Law § 6517(1)(i).
Subdivision 6 carves out three categories from the bill's scope: religious counseling (as defined in subdivision 1(f)), peer support (as defined in subdivision 1(e)), and self-help materials and educational resources that are publicly available and do not purport to offer therapy or psychotherapy services. These exclusions align with the bill's focus on regulating AI in the context of state-licensed clinical practice.