The following words and phrases when used in this act shall have the meanings given to them in this section unless the context clearly indicates otherwise: "Administrative supportAdministrative support"Administrative support." A task performed to assist a mental health professional with the logistics of an appointment that does not involve therapeutic communication, including: (1) managing appointment scheduling and reminders; (2) processing billing and insurance claims; and (3) drafting general communications related to therapy logistics that do not include therapeutic advice.Section 2." A task performed to assist a mental health professionalMental health professional"Mental health professional." An individual who is licensed, certified or otherwise authorized to administer or provide professional mental health care or counseling under: (1) the act of May 22, 1951 (P.L.317, No.69), known as The Professional Nursing Law; (2) the act of March 23, 1972 (P.L.136, No.52), known as the Professional Psychologists Practice Act; (3) the act of October 5, 1978 (P.L.1109, No.261), known as the Osteopathic Medical Practice Act; (4) the act of December 20, 1985 (P.L.457, No.112), known as the Medical Practice Act of 1985; or (5) the act of July 9, 1987 (P.L.220, No.39), known as the Social Workers, Marriage and Family Therapists and Professional Counselors Act.Section 2 with the logistics of an appointment that does not involve therapeutic communicationTherapeutic communication"Therapeutic communication." A verbal, nonverbal 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, including the following: (1) Direct interaction with clients for the purpose of understanding or reflecting their thoughts, emotions or experiences. (2) Providing guidance, therapeutic strategies or interventions designed to achieve mental health outcomes. (3) Offering emotional support, reassurance or empathy in response to psychological or emotional distress. (4) Collaborating with clients to develop or modify therapeutic goals or treatment plans. (5) Offering behavioral feedback intended to promote psychological growth or address mental health conditions.Section 2, including: (1) managing appointment scheduling and reminders; (2) processing billing and insurance claims; and (3) drafting general communications related to therapy logistics that do not include therapeutic advice. "Artificial intelligenceArtificial intelligence"Artificial intelligence." As follows: (1) A machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations or decisions influencing real or virtual environments, including the ability to: (i) perceive real and virtual environments; (ii) abstract perceptions made under this paragraph into models through analysis in an automated manner; and (iii) use model inference to formulate options for information or action based on outcomes under subparagraph (i) or (ii). (2) The term includes generative artificial intelligence.Section 2." As follows: (1) A machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations or decisions influencing real or virtual environments, including the ability to: (i) perceive real and virtual environments; (ii) abstract perceptions made under this paragraph into models through analysis in an automated manner; and (iii) use model inference to formulate options for information or action based on outcomes under subparagraph (i) or (ii). (2) The term includes generative artificial intelligenceGenerative artificial intelligence"Generative artificial intelligence." The class of artificial intelligence models that emulate the structure and characteristics of input data in order to generate derived synthetic content, including images, videos, audio, text and more.Section 2. "ConsentConsent"Consent." As follows: (1) A clear, explicit affirmative act by an individual that: (i) unambiguously communicates the individual's express, freely given, informed, voluntary, specific and unambiguous written agreement, including a written agreement provided by electronic means; and (ii) is revocable by the individual. (2) The term does not include an agreement that is obtained by the following: (i) The acceptance of a general or broad terms of use agreement or 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. (iii) An agreement obtained through the use of deceptive actions.Section 2." As follows: (1) A clear, explicit affirmative act by an individual that: (i) unambiguously communicates the individual's express, freely given, informed, voluntary, specific and unambiguous written agreement, including a written agreement provided by electronic means; and (ii) is revocable by the individual. (2) The term does not include an agreement that is obtained by the following: (i) The acceptance of a general or broad terms of use agreement or similar document that contains descriptions of artificial intelligenceArtificial intelligence"Artificial intelligence." As follows: (1) A machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations or decisions influencing real or virtual environments, including the ability to: (i) perceive real and virtual environments; (ii) abstract perceptions made under this paragraph into models through analysis in an automated manner; and (iii) use model inference to formulate options for information or action based on outcomes under subparagraph (i) or (ii). (2) The term includes generative artificial intelligence.Section 2 along with other unrelated information. (ii) An individual hovering over, muting, pausing or closing a given piece of digital content. (iii) An agreement obtained through the use of deceptive actions. "Generative artificial intelligenceGenerative artificial intelligence"Generative artificial intelligence." The class of artificial intelligence models that emulate the structure and characteristics of input data in order to generate derived synthetic content, including images, videos, audio, text and more.Section 2." The class of artificial intelligenceArtificial intelligence"Artificial intelligence." As follows: (1) A machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations or decisions influencing real or virtual environments, including the ability to: (i) perceive real and virtual environments; (ii) abstract perceptions made under this paragraph into models through analysis in an automated manner; and (iii) use model inference to formulate options for information or action based on outcomes under subparagraph (i) or (ii). (2) The term includes generative artificial intelligence.Section 2 models that emulate the structure and characteristics of input data in order to generate derived synthetic content, including images, videos, audio, text and more. "Mental health professionalMental health professional"Mental health professional." An individual who is licensed, certified or otherwise authorized to administer or provide professional mental health care or counseling under: (1) the act of May 22, 1951 (P.L.317, No.69), known as The Professional Nursing Law; (2) the act of March 23, 1972 (P.L.136, No.52), known as the Professional Psychologists Practice Act; (3) the act of October 5, 1978 (P.L.1109, No.261), known as the Osteopathic Medical Practice Act; (4) the act of December 20, 1985 (P.L.457, No.112), known as the Medical Practice Act of 1985; or (5) the act of July 9, 1987 (P.L.220, No.39), known as the Social Workers, Marriage and Family Therapists and Professional Counselors Act.Section 2." An individual who is licensed, certified or otherwise authorized to administer or provide professional mental health care or counseling under: (1) the act of May 22, 1951 (P.L.317, No.69), known as The Professional Nursing Law; (2) the act of March 23, 1972 (P.L.136, No.52), known as the Professional Psychologists Practice Act; (3) the act of October 5, 1978 (P.L.1109, No.261), known as the Osteopathic Medical Practice Act; (4) the act of December 20, 1985 (P.L.457, No.112), known as the Medical Practice Act of 1985; or (5) the act of July 9, 1987 (P.L.220, No.39), known as the Social Workers, Marriage and Family Therapists and Professional Counselors Act. "Peer supportPeer support"Peer support." Services provided by individuals with lived experience of mental health conditions or recovery from substance use that are intended to offer encouragement, understanding and guidance without clinical intervention.Section 2." Services provided by individuals with lived experience of mental health conditions or recovery from substance use that are intended to offer encouragement, understanding and guidance without clinical intervention. "Permitted use of artificial intelligencePermitted use of artificial intelligence"Permitted use of artificial intelligence." Administrative support or supplementary support in therapy or psychotherapy for which the mental health professional maintains full responsibility for all interactions, outputs and data use associated with the system.Section 2." Administrative supportAdministrative support"Administrative support." A task performed to assist a mental health professional with the logistics of an appointment that does not involve therapeutic communication, including: (1) managing appointment scheduling and reminders; (2) processing billing and insurance claims; and (3) drafting general communications related to therapy logistics that do not include therapeutic advice.Section 2 or supplementary supportSupplementary support"Supplementary support." A task performed to assist a mental health professional in the delivery of therapy or psychotherapy services that does not involve therapeutic communication and that is not administrative support, including: (1) preparing and maintaining client records, including therapy notes; (2) analyzing anonymized data to track client progress or identify trends, subject to review by a mental health professional; and (3) identifying and organizing external resources or referrals for client use.Section 2 in therapy or psychotherapy for which the mental health professionalMental health professional"Mental health professional." An individual who is licensed, certified or otherwise authorized to administer or provide professional mental health care or counseling under: (1) the act of May 22, 1951 (P.L.317, No.69), known as The Professional Nursing Law; (2) the act of March 23, 1972 (P.L.136, No.52), known as the Professional Psychologists Practice Act; (3) the act of October 5, 1978 (P.L.1109, No.261), known as the Osteopathic Medical Practice Act; (4) the act of December 20, 1985 (P.L.457, No.112), known as the Medical Practice Act of 1985; or (5) the act of July 9, 1987 (P.L.220, No.39), known as the Social Workers, Marriage and Family Therapists and Professional Counselors Act.Section 2 maintains full responsibility for all interactions, outputs and data use associated with the system. "Religious counselingReligious counseling"Religious counseling." Counseling provided by clergy members or pastoral counselors or other religious duties if the services are explicitly faith-based and are not represented as clinical mental health services or therapy or psychotherapy services.Section 2." Counseling provided by clergy members or pastoral counselors or other religious duties if the services are explicitly faith-based and are not represented as clinical mental health services or therapy or psychotherapy servicesTherapy or psychotherapy services"Therapy or psychotherapy services." Services provided to diagnose, treat or improve an individual's mental health or behavioral health. The term does not include religious counseling or peer support.Section 2. "Supplementary supportSupplementary support"Supplementary support." A task performed to assist a mental health professional in the delivery of therapy or psychotherapy services that does not involve therapeutic communication and that is not administrative support, including: (1) preparing and maintaining client records, including therapy notes; (2) analyzing anonymized data to track client progress or identify trends, subject to review by a mental health professional; and (3) identifying and organizing external resources or referrals for client use.Section 2." A task performed to assist a mental health professionalMental health professional"Mental health professional." An individual who is licensed, certified or otherwise authorized to administer or provide professional mental health care or counseling under: (1) the act of May 22, 1951 (P.L.317, No.69), known as The Professional Nursing Law; (2) the act of March 23, 1972 (P.L.136, No.52), known as the Professional Psychologists Practice Act; (3) the act of October 5, 1978 (P.L.1109, No.261), known as the Osteopathic Medical Practice Act; (4) the act of December 20, 1985 (P.L.457, No.112), known as the Medical Practice Act of 1985; or (5) the act of July 9, 1987 (P.L.220, No.39), known as the Social Workers, Marriage and Family Therapists and Professional Counselors Act.Section 2 in the delivery of therapy or psychotherapy servicesTherapy or psychotherapy services"Therapy or psychotherapy services." Services provided to diagnose, treat or improve an individual's mental health or behavioral health. The term does not include religious counseling or peer support.Section 2 that does not involve therapeutic communicationTherapeutic communication"Therapeutic communication." A verbal, nonverbal 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, including the following: (1) Direct interaction with clients for the purpose of understanding or reflecting their thoughts, emotions or experiences. (2) Providing guidance, therapeutic strategies or interventions designed to achieve mental health outcomes. (3) Offering emotional support, reassurance or empathy in response to psychological or emotional distress. (4) Collaborating with clients to develop or modify therapeutic goals or treatment plans. (5) Offering behavioral feedback intended to promote psychological growth or address mental health conditions.Section 2 and that is not administrative supportAdministrative support"Administrative support." A task performed to assist a mental health professional with the logistics of an appointment that does not involve therapeutic communication, including: (1) managing appointment scheduling and reminders; (2) processing billing and insurance claims; and (3) drafting general communications related to therapy logistics that do not include therapeutic advice.Section 2, including: (1) preparing and maintaining client records, including therapy notes; (2) analyzing anonymized data to track client progress or identify trends, subject to review by a mental health professionalMental health professional"Mental health professional." An individual who is licensed, certified or otherwise authorized to administer or provide professional mental health care or counseling under: (1) the act of May 22, 1951 (P.L.317, No.69), known as The Professional Nursing Law; (2) the act of March 23, 1972 (P.L.136, No.52), known as the Professional Psychologists Practice Act; (3) the act of October 5, 1978 (P.L.1109, No.261), known as the Osteopathic Medical Practice Act; (4) the act of December 20, 1985 (P.L.457, No.112), known as the Medical Practice Act of 1985; or (5) the act of July 9, 1987 (P.L.220, No.39), known as the Social Workers, Marriage and Family Therapists and Professional Counselors Act.Section 2; and (3) identifying and organizing external resources or referrals for client use. "Therapeutic communicationTherapeutic communication"Therapeutic communication." A verbal, nonverbal 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, including the following: (1) Direct interaction with clients for the purpose of understanding or reflecting their thoughts, emotions or experiences. (2) Providing guidance, therapeutic strategies or interventions designed to achieve mental health outcomes. (3) Offering emotional support, reassurance or empathy in response to psychological or emotional distress. (4) Collaborating with clients to develop or modify therapeutic goals or treatment plans. (5) Offering behavioral feedback intended to promote psychological growth or address mental health conditions.Section 2." A verbal, nonverbal 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, including the following: (1) Direct interaction with clients for the purpose of understanding or reflecting their thoughts, emotions or experiences. (2) Providing guidance, therapeutic strategies or interventions designed to achieve mental health outcomes. (3) Offering emotional support, reassurance or empathy in response to psychological or emotional distress. (4) Collaborating with clients to develop or modify therapeutic goals or treatment plans. (5) Offering behavioral feedback intended to promote psychological growth or address mental health conditions. "Therapy or psychotherapy servicesTherapy or psychotherapy services"Therapy or psychotherapy services." Services provided to diagnose, treat or improve an individual's mental health or behavioral health. The term does not include religious counseling or peer support.Section 2." Services provided to diagnose, treat or improve an individual's mental health or behavioral health. The term does not include religious counselingReligious counseling"Religious counseling." Counseling provided by clergy members or pastoral counselors or other religious duties if the services are explicitly faith-based and are not represented as clinical mental health services or therapy or psychotherapy services.Section 2 or peer supportPeer support"Peer support." Services provided by individuals with lived experience of mental health conditions or recovery from substance use that are intended to offer encouragement, understanding and guidance without clinical intervention.Section 2.

1 A mental health professionalMental health professional"Mental health professional." An individual who is licensed, certified or otherwise authorized to administer or provide professional mental health care or counseling under: (1) the act of May 22, 1951 (P.L.317, No.69), known as The Professional Nursing Law; (2) the act of March 23, 1972 (P.L.136, No.52), known as the Professional Psychologists Practice Act; (3) the act of October 5, 1978 (P.L.1109, No.261), known as the Osteopathic Medical Practice Act; (4) the act of December 20, 1985 (P.L.457, No.112), known as the Medical Practice Act of 1985; or (5) the act of July 9, 1987 (P.L.220, No.39), known as the Social Workers, Marriage and Family Therapists and Professional Counselors Act.Section 2 shall not be permitted to use artificial intelligenceArtificial intelligence"Artificial intelligence." As follows: (1) A machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations or decisions influencing real or virtual environments, including the ability to: (i) perceive real and virtual environments; (ii) abstract perceptions made under this paragraph into models through analysis in an automated manner; and (iii) use model inference to formulate options for information or action based on outcomes under subparagraph (i) or (ii). (2) The term includes generative artificial intelligence.Section 2 to assist in providing supplementary supportSupplementary support"Supplementary support." A task performed to assist a mental health professional in the delivery of therapy or psychotherapy services that does not involve therapeutic communication and that is not administrative support, including: (1) preparing and maintaining client records, including therapy notes; (2) analyzing anonymized data to track client progress or identify trends, subject to review by a mental health professional; and (3) identifying and organizing external resources or referrals for client use.Section 2 in therapy or psychotherapy servicesTherapy or psychotherapy services"Therapy or psychotherapy services." Services provided to diagnose, treat or improve an individual's mental health or behavioral health. The term does not include religious counseling or peer support.Section 2 for which the client's therapeutic session is recorded or transcribed unless: (1) The patient or the patient's legally authorized representative is informed in writing: (i) that artificial intelligenceArtificial intelligence"Artificial intelligence." As follows: (1) A machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations or decisions influencing real or virtual environments, including the ability to: (i) perceive real and virtual environments; (ii) abstract perceptions made under this paragraph into models through analysis in an automated manner; and (iii) use model inference to formulate options for information or action based on outcomes under subparagraph (i) or (ii). (2) The term includes generative artificial intelligence.Section 2 will be used; and (ii) the specific purpose of the artificial intelligenceArtificial intelligence"Artificial intelligence." As follows: (1) A machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations or decisions influencing real or virtual environments, including the ability to: (i) perceive real and virtual environments; (ii) abstract perceptions made under this paragraph into models through analysis in an automated manner; and (iii) use model inference to formulate options for information or action based on outcomes under subparagraph (i) or (ii). (2) The term includes generative artificial intelligence.Section 2 tool or system that will be used. (2) The patient or the patient's legally authorized representative provides consentConsent"Consent." As follows: (1) A clear, explicit affirmative act by an individual that: (i) unambiguously communicates the individual's express, freely given, informed, voluntary, specific and unambiguous written agreement, including a written agreement provided by electronic means; and (ii) is revocable by the individual. (2) The term does not include an agreement that is obtained by the following: (i) The acceptance of a general or broad terms of use agreement or 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. (iii) An agreement obtained through the use of deceptive actions.Section 2 to the use of artificial intelligenceArtificial intelligence"Artificial intelligence." As follows: (1) A machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations or decisions influencing real or virtual environments, including the ability to: (i) perceive real and virtual environments; (ii) abstract perceptions made under this paragraph into models through analysis in an automated manner; and (iii) use model inference to formulate options for information or action based on outcomes under subparagraph (i) or (ii). (2) The term includes generative artificial intelligence.Section 2.

(a) 2 Prohibited statements.--An artificial intelligenceArtificial intelligence"Artificial intelligence." As follows: (1) A machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations or decisions influencing real or virtual environments, including the ability to: (i) perceive real and virtual environments; (ii) abstract perceptions made under this paragraph into models through analysis in an automated manner; and (iii) use model inference to formulate options for information or action based on outcomes under subparagraph (i) or (ii). (2) The term includes generative artificial intelligence.Section 2 provider shall not make any representation or statement or knowingly cause or program an artificial intelligenceArtificial intelligence"Artificial intelligence." As follows: (1) A machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations or decisions influencing real or virtual environments, including the ability to: (i) perceive real and virtual environments; (ii) abstract perceptions made under this paragraph into models through analysis in an automated manner; and (iii) use model inference to formulate options for information or action based on outcomes under subparagraph (i) or (ii). (2) The term includes generative artificial intelligence.Section 2 system made available for use by a person in this Commonwealth to make any representation or statement that explicitly or implicitly indicates that: (1) the artificial intelligenceArtificial intelligence"Artificial intelligence." As follows: (1) A machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations or decisions influencing real or virtual environments, including the ability to: (i) perceive real and virtual environments; (ii) abstract perceptions made under this paragraph into models through analysis in an automated manner; and (iii) use model inference to formulate options for information or action based on outcomes under subparagraph (i) or (ii). (2) The term includes generative artificial intelligence.Section 2 system is capable of providing therapy or psychotherapy servicesTherapy or psychotherapy services"Therapy or psychotherapy services." Services provided to diagnose, treat or improve an individual's mental health or behavioral health. The term does not include religious counseling or peer support.Section 2; (2) a user of the artificial intelligenceArtificial intelligence"Artificial intelligence." As follows: (1) A machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations or decisions influencing real or virtual environments, including the ability to: (i) perceive real and virtual environments; (ii) abstract perceptions made under this paragraph into models through analysis in an automated manner; and (iii) use model inference to formulate options for information or action based on outcomes under subparagraph (i) or (ii). (2) The term includes generative artificial intelligence.Section 2 system may interact with any feature of the artificial intelligenceArtificial intelligence"Artificial intelligence." As follows: (1) A machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations or decisions influencing real or virtual environments, including the ability to: (i) perceive real and virtual environments; (ii) abstract perceptions made under this paragraph into models through analysis in an automated manner; and (iii) use model inference to formulate options for information or action based on outcomes under subparagraph (i) or (ii). (2) The term includes generative artificial intelligence.Section 2 system which simulates human conversation in order to obtain therapy or psychotherapy servicesTherapy or psychotherapy services"Therapy or psychotherapy services." Services provided to diagnose, treat or improve an individual's mental health or behavioral health. The term does not include religious counseling or peer support.Section 2; or (3) the artificial intelligenceArtificial intelligence"Artificial intelligence." As follows: (1) A machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations or decisions influencing real or virtual environments, including the ability to: (i) perceive real and virtual environments; (ii) abstract perceptions made under this paragraph into models through analysis in an automated manner; and (iii) use model inference to formulate options for information or action based on outcomes under subparagraph (i) or (ii). (2) The term includes generative artificial intelligence.Section 2 system, or any component, feature, avatar or embodiment of the artificial intelligenceArtificial intelligence"Artificial intelligence." As follows: (1) A machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations or decisions influencing real or virtual environments, including the ability to: (i) perceive real and virtual environments; (ii) abstract perceptions made under this paragraph into models through analysis in an automated manner; and (iii) use model inference to formulate options for information or action based on outcomes under subparagraph (i) or (ii). (2) The term includes generative artificial intelligence.Section 2 system, is: (i) a provider of therapy or psychotherapy; (ii) a mental health professionalMental health professional"Mental health professional." An individual who is licensed, certified or otherwise authorized to administer or provide professional mental health care or counseling under: (1) the act of May 22, 1951 (P.L.317, No.69), known as The Professional Nursing Law; (2) the act of March 23, 1972 (P.L.136, No.52), known as the Professional Psychologists Practice Act; (3) the act of October 5, 1978 (P.L.1109, No.261), known as the Osteopathic Medical Practice Act; (4) the act of December 20, 1985 (P.L.457, No.112), known as the Medical Practice Act of 1985; or (5) the act of July 9, 1987 (P.L.220, No.39), known as the Social Workers, Marriage and Family Therapists and Professional Counselors Act.Section 2; (iii) a therapist; (iv) a clinical therapist; (v) a counselor; (vi) a psychiatrist; (vii) a doctor; or (viii) any other provider of therapy or psychotherapy servicesTherapy or psychotherapy services"Therapy or psychotherapy services." Services provided to diagnose, treat or improve an individual's mental health or behavioral health. The term does not include religious counseling or peer support.Section 2.

(b) 3 Certain system prohibited.--An artificial intelligenceArtificial intelligence"Artificial intelligence." As follows: (1) A machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations or decisions influencing real or virtual environments, including the ability to: (i) perceive real and virtual environments; (ii) abstract perceptions made under this paragraph into models through analysis in an automated manner; and (iii) use model inference to formulate options for information or action based on outcomes under subparagraph (i) or (ii). (2) The term includes generative artificial intelligence.Section 2 provider shall not make available for use by a person in this Commonwealth an artificial intelligenceArtificial intelligence"Artificial intelligence." As follows: (1) A machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations or decisions influencing real or virtual environments, including the ability to: (i) perceive real and virtual environments; (ii) abstract perceptions made under this paragraph into models through analysis in an automated manner; and (iii) use model inference to formulate options for information or action based on outcomes under subparagraph (i) or (ii). (2) The term includes generative artificial intelligence.Section 2 system that is specifically programmed to provide a service or experience to a user that would constitute the practice of a mental health professionalMental health professional"Mental health professional." An individual who is licensed, certified or otherwise authorized to administer or provide professional mental health care or counseling under: (1) the act of May 22, 1951 (P.L.317, No.69), known as The Professional Nursing Law; (2) the act of March 23, 1972 (P.L.136, No.52), known as the Professional Psychologists Practice Act; (3) the act of October 5, 1978 (P.L.1109, No.261), known as the Osteopathic Medical Practice Act; (4) the act of December 20, 1985 (P.L.457, No.112), known as the Medical Practice Act of 1985; or (5) the act of July 9, 1987 (P.L.220, No.39), known as the Social Workers, Marriage and Family Therapists and Professional Counselors Act.Section 2 if provided by a natural person.

(c) 4 Use of artificial intelligenceArtificial intelligence"Artificial intelligence." As follows: (1) A machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations or decisions influencing real or virtual environments, including the ability to: (i) perceive real and virtual environments; (ii) abstract perceptions made under this paragraph into models through analysis in an automated manner; and (iii) use model inference to formulate options for information or action based on outcomes under subparagraph (i) or (ii). (2) The term includes generative artificial intelligence.Section 2.--A mental health professionalMental health professional"Mental health professional." An individual who is licensed, certified or otherwise authorized to administer or provide professional mental health care or counseling under: (1) the act of May 22, 1951 (P.L.317, No.69), known as The Professional Nursing Law; (2) the act of March 23, 1972 (P.L.136, No.52), known as the Professional Psychologists Practice Act; (3) the act of October 5, 1978 (P.L.1109, No.261), known as the Osteopathic Medical Practice Act; (4) the act of December 20, 1985 (P.L.457, No.112), known as the Medical Practice Act of 1985; or (5) the act of July 9, 1987 (P.L.220, No.39), known as the Social Workers, Marriage and Family Therapists and Professional Counselors Act.Section 2 may use artificial intelligenceArtificial intelligence"Artificial intelligence." As follows: (1) A machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations or decisions influencing real or virtual environments, including the ability to: (i) perceive real and virtual environments; (ii) abstract perceptions made under this paragraph into models through analysis in an automated manner; and (iii) use model inference to formulate options for information or action based on outcomes under subparagraph (i) or (ii). (2) The term includes generative artificial intelligence.Section 2 only to the extent that the use meets the requirements of section 3. A mental health professionalMental health professional"Mental health professional." An individual who is licensed, certified or otherwise authorized to administer or provide professional mental health care or counseling under: (1) the act of May 22, 1951 (P.L.317, No.69), known as The Professional Nursing Law; (2) the act of March 23, 1972 (P.L.136, No.52), known as the Professional Psychologists Practice Act; (3) the act of October 5, 1978 (P.L.1109, No.261), known as the Osteopathic Medical Practice Act; (4) the act of December 20, 1985 (P.L.457, No.112), known as the Medical Practice Act of 1985; or (5) the act of July 9, 1987 (P.L.220, No.39), known as the Social Workers, Marriage and Family Therapists and Professional Counselors Act.Section 2 may not allow artificial intelligenceArtificial intelligence"Artificial intelligence." As follows: (1) A machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations or decisions influencing real or virtual environments, including the ability to: (i) perceive real and virtual environments; (ii) abstract perceptions made under this paragraph into models through analysis in an automated manner; and (iii) use model inference to formulate options for information or action based on outcomes under subparagraph (i) or (ii). (2) The term includes generative artificial intelligence.Section 2 to: (1) make independent therapeutic decisions; (2) directly interact with a client in any form of therapeutic communicationTherapeutic communication"Therapeutic communication." A verbal, nonverbal 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, including the following: (1) Direct interaction with clients for the purpose of understanding or reflecting their thoughts, emotions or experiences. (2) Providing guidance, therapeutic strategies or interventions designed to achieve mental health outcomes. (3) Offering emotional support, reassurance or empathy in response to psychological or emotional distress. (4) Collaborating with clients to develop or modify therapeutic goals or treatment plans. (5) Offering behavioral feedback intended to promote psychological growth or address mental health conditions.Section 2; (3) generate therapeutic recommendations or treatment plans without review and approval by the mental health professionalMental health professional"Mental health professional." An individual who is licensed, certified or otherwise authorized to administer or provide professional mental health care or counseling under: (1) the act of May 22, 1951 (P.L.317, No.69), known as The Professional Nursing Law; (2) the act of March 23, 1972 (P.L.136, No.52), known as the Professional Psychologists Practice Act; (3) the act of October 5, 1978 (P.L.1109, No.261), known as the Osteopathic Medical Practice Act; (4) the act of December 20, 1985 (P.L.457, No.112), known as the Medical Practice Act of 1985; or (5) the act of July 9, 1987 (P.L.220, No.39), known as the Social Workers, Marriage and Family Therapists and Professional Counselors Act.Section 2; or (4) detect emotions or mental states.

A violation of this act shall constitute unprofessional conduct under the following provisions of law, including a substantively similar provision of a successor act: (1) Section 14(a)(9) of the act of May 22, 1951 (P.L.317, No.69), known as The Professional Nursing Law. (2) Section 8(11) of the act of March 23, 1972 (P.L.136, No.52), known as the Professional Psychologists Practice Act. (3) Section 15(a)(8) of the act of October 5, 1978 (P.L.1109, No.261), known as the Osteopathic Medical Practice Act. (4) Section 41(8) of the act of December 20, 1985 (P.L.457, No.112), known as the Medical Practice Act of 1985. (5) Section 11(a)(2) of the act of July 9, 1987 (P.L.220, No.39), known as the Social Workers, Marriage and Family Therapists and Professional Counselors Act.

This act does not apply to: (1) religious counselingReligious counseling"Religious counseling." Counseling provided by clergy members or pastoral counselors or other religious duties if the services are explicitly faith-based and are not represented as clinical mental health services or therapy or psychotherapy services.Section 2; (2) peer supportPeer support"Peer support." Services provided by individuals with lived experience of mental health conditions or recovery from substance use that are intended to offer encouragement, understanding and guidance without clinical intervention.Section 2; or (3) 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." Services provided to diagnose, treat or improve an individual's mental health or behavioral health. The term does not include religious counseling or peer support.Section 2.

This act shall take effect in 60 days.