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.
Terms used in this chapter mean:
(1) "Artificial intelligenceArtificial intelligence"Artificial intelligence," a machine-based system that, for explicit or implicit objectives, infers from the input it receives, how to generate predictions, content, recommendations, decisions, or other outputs that can influence physical or virtual environments;Section 1(1)," a machine-based system that, for explicit or implicit objectives, infers from the input it receives, how to generate predictions, content, recommendations, decisions, or other outputs that can influence physical or virtual environments;
(2) "Licensed professionalLicensed professional"Licensed professional," an individual: (a) Licensed as a psychologist in accordance with chapter 36-27A; (b) Licensed as a social worker, certified social worker, or certified social worker in private, independent practice, in accordance with chapter 36-26; (c) Licensed as a professional counselor or a professional counselor-mental health, in accordance with chapter 36-32; (d) Licensed as a marriage and family therapist in accordance with chapter 36-33; (e) Licensed or certified as an addiction and prevention professional in accordance with chapter 36-34; or (f) Who holds any other license issued by this state, which authorizes the individual to provide therapy or psychotherapy services, except a physician licensed in accordance with chapter 36-4;Section 1(2)," an individual: (a) Licensed as a psychologist in accordance with chapter 36-27A; (b) Licensed as a social worker, certified social worker, or certified social worker in private, independent practice, in accordance with chapter 36-26; (c) Licensed as a professional counselor or a professional counselor-mental health, in accordance with chapter 36-32; (d) Licensed as a marriage and family therapist in accordance with chapter 36-33; (e) Licensed or certified as an addiction and prevention professional in accordance with chapter 36-34; or (f) Who holds any other license issued by this state, which authorizes the individual to provide therapy or psychotherapy servicesTherapy or psychotherapy services"Therapy or psychotherapy services," services provided to diagnose, treat, or improve an individual's mental or behavioral health.Section 1(4), except a physician licensed in accordance with chapter 36-4;
(3) "Therapeutic communicationTherapeutic communication"Therapeutic communication," any verbal, non-verbal, or written interaction with a client, conducted in a clinical or professional setting, which is intended to diagnose, treat, or address an individual's mental, emotional, or behavioral health concerns;Section 1(3)," any verbal, non-verbal, or written interaction with a client, conducted in a clinical or professional setting, which is intended to diagnose, treat, or address an individual's mental, emotional, or behavioral health concerns; and
(4) "Therapy or psychotherapy servicesTherapy or psychotherapy services"Therapy or psychotherapy services," services provided to diagnose, treat, or improve an individual's mental or behavioral health.Section 1(4)," services provided to diagnose, treat, or improve an individual's mental or behavioral health.
Section 1 establishes the four defined terms that govern the scope of the chapter. Artificial intelligence receives a broad, technology-neutral definition tracking the NIST/OECD formulation. Licensed professional sweeps in psychologists, social workers, professional counselors, marriage and family therapists, addiction professionals, and any other state-licensed therapy provider except physicians. Therapeutic communication covers any client interaction in a clinical setting intended to address mental, emotional, or behavioral health. Therapy or psychotherapy services captures the full range of diagnostic, treatment, and improvement services for mental or behavioral health.
(1)(a)–(d) 1 A person may not: (1) Use or permit artificial intelligenceArtificial intelligence"Artificial intelligence," a machine-based system that, for explicit or implicit objectives, infers from the input it receives, how to generate predictions, content, recommendations, decisions, or other outputs that can influence physical or virtual environments;Section 1(1) to: (a) Make independent therapeutic decisions; (b) Interact with individuals in any form of therapeutic communicationTherapeutic communication"Therapeutic communication," any verbal, non-verbal, or written interaction with a client, conducted in a clinical or professional setting, which is intended to diagnose, treat, or address an individual's mental, emotional, or behavioral health concerns;Section 1(3); (c) Generate therapeutic recommendations or treatment plans without review and approval by a licensed professionalLicensed professional"Licensed professional," an individual: (a) Licensed as a psychologist in accordance with chapter 36-27A; (b) Licensed as a social worker, certified social worker, or certified social worker in private, independent practice, in accordance with chapter 36-26; (c) Licensed as a professional counselor or a professional counselor-mental health, in accordance with chapter 36-32; (d) Licensed as a marriage and family therapist in accordance with chapter 36-33; (e) Licensed or certified as an addiction and prevention professional in accordance with chapter 36-34; or (f) Who holds any other license issued by this state, which authorizes the individual to provide therapy or psychotherapy services, except a physician licensed in accordance with chapter 36-4;Section 1(2); (d) Detect emotions or mental states;
(1)(e) 2 A person may not: (1) Use or permit artificial intelligenceArtificial intelligence"Artificial intelligence," a machine-based system that, for explicit or implicit objectives, infers from the input it receives, how to generate predictions, content, recommendations, decisions, or other outputs that can influence physical or virtual environments;Section 1(1) to: (e) Record or transcribe a therapeutic session, except as provided in section 5 of this Act;
(2) 3 A person may not: (2) Use, or permit the use of, artificial intelligenceArtificial intelligence"Artificial intelligence," a machine-based system that, for explicit or implicit objectives, infers from the input it receives, how to generate predictions, content, recommendations, decisions, or other outputs that can influence physical or virtual environments;Section 1(1) in the provision of therapy or psychotherapy servicesTherapy or psychotherapy services"Therapy or psychotherapy services," services provided to diagnose, treat, or improve an individual's mental or behavioral health.Section 1(4), except as provided in this chapter, by a licensed professionalLicensed professional"Licensed professional," an individual: (a) Licensed as a psychologist in accordance with chapter 36-27A; (b) Licensed as a social worker, certified social worker, or certified social worker in private, independent practice, in accordance with chapter 36-26; (c) Licensed as a professional counselor or a professional counselor-mental health, in accordance with chapter 36-32; (d) Licensed as a marriage and family therapist in accordance with chapter 36-33; (e) Licensed or certified as an addiction and prevention professional in accordance with chapter 36-34; or (f) Who holds any other license issued by this state, which authorizes the individual to provide therapy or psychotherapy services, except a physician licensed in accordance with chapter 36-4;Section 1(2);
(3) 4 A person may not: (3) Advertise, or otherwise offer, therapy or psychotherapy servicesTherapy or psychotherapy services"Therapy or psychotherapy services," services provided to diagnose, treat, or improve an individual's mental or behavioral health.Section 1(4) using artificial intelligenceArtificial intelligence"Artificial intelligence," a machine-based system that, for explicit or implicit objectives, infers from the input it receives, how to generate predictions, content, recommendations, decisions, or other outputs that can influence physical or virtual environments;Section 1(1), except as provided in this chapter.
Section 2 is the core prohibition section. It bars any person — not just licensed professionals — from using or permitting AI to make independent therapeutic decisions, interact with individuals in therapeutic communication, generate therapeutic recommendations or treatment plans without licensed professional review and approval, detect emotions or mental states, or record or transcribe therapeutic sessions (except under the consent procedures of Section 5). It further prohibits any person from using AI in therapy or psychotherapy services except as specifically authorized for licensed professionals under the chapter, and from advertising or offering AI-powered therapy or psychotherapy services except as permitted.
The breadth of the prohibition is notable: the obligations run to any person, capturing AI developers, deployers, and operators — not just the licensed professionals regulated elsewhere in the chapter. The emotion-detection prohibition in subdivision (1)(d) is categorical with no exception for licensed-professional-supervised use.
The secretary of the Department of Health may impose a civil penalty against a person for violating section 2 of this Act. The amount of the civil penalty may not exceed ten thousand dollars per violation. The secretary shall forward any civil penalty collected under this section to the state treasurer, for deposit in the general fund.
The department may investigate any actual, alleged, or suspected violation of this chapter.
Section 3 establishes the enforcement mechanism for the chapter's prohibited-conduct provisions. The Secretary of the Department of Health may impose civil penalties up to $10,000 per violation for violations of Section 2. Penalties collected are deposited in the state general fund. The Department of Health has investigative authority over any actual, alleged, or suspected violation of the chapter.
(1)–(7) 5 A licensed professionalLicensed professional"Licensed professional," an individual: (a) Licensed as a psychologist in accordance with chapter 36-27A; (b) Licensed as a social worker, certified social worker, or certified social worker in private, independent practice, in accordance with chapter 36-26; (c) Licensed as a professional counselor or a professional counselor-mental health, in accordance with chapter 36-32; (d) Licensed as a marriage and family therapist in accordance with chapter 36-33; (e) Licensed or certified as an addiction and prevention professional in accordance with chapter 36-34; or (f) Who holds any other license issued by this state, which authorizes the individual to provide therapy or psychotherapy services, except a physician licensed in accordance with chapter 36-4;Section 1(2) may use artificial intelligenceArtificial intelligence"Artificial intelligence," a machine-based system that, for explicit or implicit objectives, infers from the input it receives, how to generate predictions, content, recommendations, decisions, or other outputs that can influence physical or virtual environments;Section 1(1) only to assist 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 or behavioral health.Section 1(4) as follows: (1) Managing appointment scheduling and reminders; (2) Processing billing and insurance claims; (3) Managing records and organizing, tracking, and managing files or notes related to an individual session with a client; (4) Analyzing anonymized data to track client progress or identify trends; (5) Identifying and organizing external resources or referrals for client use; (6) Recording or transcribing a therapeutic session, as provided in section 5 of this Act; and (7) Performing any other administrative task, used 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 or behavioral health.Section 1(4), which does not involve therapeutic communicationTherapeutic communication"Therapeutic communication," any verbal, non-verbal, or written interaction with a client, conducted in a clinical or professional setting, which is intended to diagnose, treat, or address an individual's mental, emotional, or behavioral health concerns;Section 1(3).
6 The licensed professionalLicensed professional"Licensed professional," an individual: (a) Licensed as a psychologist in accordance with chapter 36-27A; (b) Licensed as a social worker, certified social worker, or certified social worker in private, independent practice, in accordance with chapter 36-26; (c) Licensed as a professional counselor or a professional counselor-mental health, in accordance with chapter 36-32; (d) Licensed as a marriage and family therapist in accordance with chapter 36-33; (e) Licensed or certified as an addiction and prevention professional in accordance with chapter 36-34; or (f) Who holds any other license issued by this state, which authorizes the individual to provide therapy or psychotherapy services, except a physician licensed in accordance with chapter 36-4;Section 1(2) must maintain full responsibility for all interactions, outputs, and data use associated with artificial intelligenceArtificial intelligence"Artificial intelligence," a machine-based system that, for explicit or implicit objectives, infers from the input it receives, how to generate predictions, content, recommendations, decisions, or other outputs that can influence physical or virtual environments;Section 1(1) used in the licensed professionalLicensed professional"Licensed professional," an individual: (a) Licensed as a psychologist in accordance with chapter 36-27A; (b) Licensed as a social worker, certified social worker, or certified social worker in private, independent practice, in accordance with chapter 36-26; (c) Licensed as a professional counselor or a professional counselor-mental health, in accordance with chapter 36-32; (d) Licensed as a marriage and family therapist in accordance with chapter 36-33; (e) Licensed or certified as an addiction and prevention professional in accordance with chapter 36-34; or (f) Who holds any other license issued by this state, which authorizes the individual to provide therapy or psychotherapy services, except a physician licensed in accordance with chapter 36-4;Section 1(2)'s practice.
Any licensed professionalLicensed professional"Licensed professional," an individual: (a) Licensed as a psychologist in accordance with chapter 36-27A; (b) Licensed as a social worker, certified social worker, or certified social worker in private, independent practice, in accordance with chapter 36-26; (c) Licensed as a professional counselor or a professional counselor-mental health, in accordance with chapter 36-32; (d) Licensed as a marriage and family therapist in accordance with chapter 36-33; (e) Licensed or certified as an addiction and prevention professional in accordance with chapter 36-34; or (f) Who holds any other license issued by this state, which authorizes the individual to provide therapy or psychotherapy services, except a physician licensed in accordance with chapter 36-4;Section 1(2) who violates this chapter is subject to disciplinary action by the professional's licensure board.
Section 4 creates the narrow safe harbor for licensed professionals to use AI in therapy practice. AI may be used only for enumerated administrative tasks: appointment scheduling and reminders, billing and insurance processing, records management, anonymized data analysis for tracking client progress or identifying trends, organizing external resources or referrals, recording or transcribing sessions (subject to the consent requirements of Section 5), and other administrative tasks that do not involve therapeutic communication. The licensed professional must maintain full responsibility for all interactions, outputs, and data use associated with any AI used in their practice. Violations by licensed professionals trigger disciplinary action by the relevant licensure board — a separate enforcement track from the Department of Health penalties in Section 3.
(1)–(3) 7 A licensed professionalLicensed professional"Licensed professional," an individual: (a) Licensed as a psychologist in accordance with chapter 36-27A; (b) Licensed as a social worker, certified social worker, or certified social worker in private, independent practice, in accordance with chapter 36-26; (c) Licensed as a professional counselor or a professional counselor-mental health, in accordance with chapter 36-32; (d) Licensed as a marriage and family therapist in accordance with chapter 36-33; (e) Licensed or certified as an addiction and prevention professional in accordance with chapter 36-34; or (f) Who holds any other license issued by this state, which authorizes the individual to provide therapy or psychotherapy services, except a physician licensed in accordance with chapter 36-4;Section 1(2) may use artificial intelligenceArtificial intelligence"Artificial intelligence," a machine-based system that, for explicit or implicit objectives, infers from the input it receives, how to generate predictions, content, recommendations, decisions, or other outputs that can influence physical or virtual environments;Section 1(1) to record or transcribe a therapeutic session only if the client or the client's legally authorized representative: (1) Is informed, in writing, that artificial intelligenceArtificial intelligence"Artificial intelligence," a machine-based system that, for explicit or implicit objectives, infers from the input it receives, how to generate predictions, content, recommendations, decisions, or other outputs that can influence physical or virtual environments;Section 1(1) will be used; (2) Is informed, in writing, of the specific purpose for which artificial intelligenceArtificial intelligence"Artificial intelligence," a machine-based system that, for explicit or implicit objectives, infers from the input it receives, how to generate predictions, content, recommendations, decisions, or other outputs that can influence physical or virtual environments;Section 1(1) will be used; and (3) Consents to the use of artificial intelligenceArtificial intelligence"Artificial intelligence," a machine-based system that, for explicit or implicit objectives, infers from the input it receives, how to generate predictions, content, recommendations, decisions, or other outputs that can influence physical or virtual environments;Section 1(1) for the stated purpose, in accordance with section 6 of this Act.
7 Any consent provided to the use of artificial intelligenceArtificial intelligence"Artificial intelligence," a machine-based system that, for explicit or implicit objectives, infers from the input it receives, how to generate predictions, content, recommendations, decisions, or other outputs that can influence physical or virtual environments;Section 1(1) is revocable by the client or the client's legally authorized representative.
Section 5 sets the consent prerequisites for the one clinical-adjacent AI use permitted under the chapter: recording or transcribing therapeutic sessions. Before using AI for this purpose, the licensed professional must inform the client or the client's legally authorized representative in writing that AI will be used, inform them in writing of the specific purpose, and obtain consent in accordance with the consent standards of Section 6. Consent is revocable at any time by the client or representative.
8 The consent required by section 5 of this Act must be a clear and explicit written approval that unambiguously communicates the informed and voluntary consent of the client or the client's legally authorized representative.
(1)–(3) 8 The consent may not be obtained: (1) By accepting the terms of a general or broad use agreement, or a similar document that contains descriptions of artificial intelligenceArtificial intelligence"Artificial intelligence," a machine-based system that, for explicit or implicit objectives, infers from the input it receives, how to generate predictions, content, recommendations, decisions, or other outputs that can influence physical or virtual environments;Section 1(1) along with other unrelated information; (2) By hovering over, muting, pausing, or closing a given piece of digital content; or (3) Through the use of deceptive actions.
Section 6 specifies the qualitative standards for consent obtained under Section 5. Consent must be a clear and explicit written approval that unambiguously communicates informed and voluntary agreement. The section then enumerates three prohibited consent-acquisition methods: bundled general-use agreements that mix AI disclosures with unrelated terms, passive digital interactions (hovering, muting, pausing, or closing content), and deceptive actions. These restrictions ensure that consent to AI recording or transcription of therapeutic sessions cannot be buried in terms of service or obtained through dark patterns.
(1)–(4) This chapter does not apply to: (1) Counseling services that are: (a) Provided by a clergy member, pastoral counselor, or other religious leader acting within the scope of a religious duty; and (b) Explicitly faith-based and not represented as clinical mental health services or as therapy or psychotherapy servicesTherapy or psychotherapy services"Therapy or psychotherapy services," services provided to diagnose, treat, or improve an individual's mental or behavioral health.Section 1(4); (2) Peer support services that are provided by individuals with lived experience of mental health conditions or recovery from substance use and which are intended to offer encouragement, understanding, and guidance without clinical intervention; (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 or behavioral health.Section 1(4); or (4) Counseling or services provided by a school counselor certified by the Department of Education as required by § 13-10-17.
Section 7 carves out four categories of services from the chapter's scope: faith-based counseling by clergy or religious leaders that is not represented as clinical mental health or therapy services; peer support services from individuals with lived experience of mental health conditions or substance use recovery that do not involve clinical intervention; publicly available self-help materials and educational resources that do not purport to offer therapy; and counseling provided by school counselors certified by the Department of Education. The physician exemption is separately established in the definition of licensed professional in Section 1(2)(f).