HC-02
Healthcare AI
AI in Licensed Professional Practice Restrictions
Professionals must retain full responsibility for AI use in their practice: AI may not independently make therapeutic decisions, conduct therapeutic communication, generate treatment plans without professional review, or infer clinical mental states, and AI-based therapy may be offered only under a licensed professional.
Sub-obligations5
Bills54
Jurisdictions26
Enacted8
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5 sub-obligations of HC-02

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ID Sub-Obligation Enacted Live Failed Total
HC-02.1 Professional Responsibility for AI Outputs
Licensed professionals must maintain full responsibility for all interactions, outputs, and data use associated with any AI system they use in delivering professional services. AI outputs used in clinical contexts — including therapeutic recommendations, treatment plans, and medical necessity determinations — must be reviewed and approved by the responsible licensed professional before being acted upon. The reviewing professional must hold credentials in the same or similar specialty as the subject matter of the determination.
8Enacted 47Live 10Failed 65Total Jump →
HC-02.2 Prohibited AI Functions in Licensed Practice
AI systems must not independently make therapeutic decisions, directly interact with clients in therapeutic communication, generate treatment plans without licensed professional review, or detect or infer emotions or mental states in clinical or consumer-facing professional contexts.
8Enacted 35Live 17Failed 60Total Jump →
HC-02.3 Unlicensed AI Therapy Prohibition
No person or entity may offer, advertise, or provide therapy, psychotherapy, or other licensed professional services through AI systems unless those services are conducted by a state-licensed, registered, or certified professional.
8Enacted 28Live 3Failed 39Total Jump →
HC-02.4 AI Session Recording Consent
Professionals must obtain a patient's written, informed, revocable consent before using AI to record or transcribe a therapeutic session, and may not deny services for refusing consent.
6Enacted 23Live 8Failed 37Total Jump →
HC-02.5 AI Professional Representation Prohibition
Operators and providers are prohibited from using any term, letter, phrase, or interface design in advertising, outputs, or system features that indicates or implies AI output is provided by, endorsed by, or equivalent to services from a licensed healthcare, mental health, legal, accounting, or financial professional.
0Enacted 4Live 0Failed 4Total Jump →
Bills That Map This Requirement 209 mappings
HC-02.1
Professional Responsibility for AI Outputs
Licensed professionals must maintain full responsibility for all interactions, outputs, and data use associated with any AI system they use in delivering professional services. AI outputs used in clinical contexts — including therapeutic recommendations, treatment plans, and medical necessity determinations — must be reviewed and approved by the responsible licensed professional before being acted upon. The reviewing professional must hold credentials in the same or similar specialty as the subject matter of the determination.
Enacted
8
Live
47
Failed
10
Total
65
CO
CO HB 1195 (AI in Psychotherapy) § C.R.S. § 12-245-224.5
Enacted eff 2026-08-12
Regulated psychotherapy professionals must maintain full responsibility for reviewing all outputs of any AI system used to provide administrative or supplementary support for psychotherapy services.
IL
Enacted eff 2025-08-01
Licensed professionals must maintain full responsibility for all interactions, outputs, and data use associated with any AI system used in therapy or psychotherapy services. AI may be used only to assist in providing administrative support or supplementary support, and the licensed professional must satisfy the consent requirements of subsection (b) when AI records or transcribes sessions.
ME
Enacted eff 2026-04-08
Licensed professionals must maintain full responsibility for all interactions, outputs, and data use associated with any AI system they use in delivering therapy or psychotherapy services. AI may be used only for administrative support or supplementary support, never for therapeutic communication, and only if the licensed professional satisfies the informed-consent requirements of subsection 3.
RI
RI HB 7349 (AI in Mental Health Care) § R.I. Gen. Laws § 40.1-5.5-3
Enacted eff 2026-06-22
Licensed professionals must retain full responsibility for AI use and must not allow AI to make independent therapeutic decisions, directly conduct therapeutic communication absent an established professional relationship, or determine therapeutic recommendations or treatment plans.
RI
RI HB 7349 (AI in Mental Health Care) § R.I. Gen. Laws § 40.1-5.5-3
Enacted eff 2026-06-22
When a client independently discloses use of AI-enabled software, the licensed professional must maintain confidentiality, monitor and protect client safety, intervene when necessary, and discuss the software's limitations and risks with the patient.
TX
TX SB 1188 (Electronic Health Records & AI Diagnostics) § Health & Safety Code § 183.005
Enacted eff 2025-09-01
Health care practitioners may use AI for diagnostic purposes (including AI-generated recommendations on diagnosis or course of treatment based on a patient's medical record) only if: (1) the practitioner is acting within the scope of their license, certification, or other authorization to provide health care services in Texas; (2) the particular AI use is not otherwise restricted or prohibited by state or federal law; and (3) the practitioner reviews all records created with AI in a manner consistent with medical records standards developed by the Texas Medical Board.
VT
Enacted eff 2026-05-29
Mental health professionals must not use AI in a manner that allows the AI to independently make therapeutic decisions, diagnose, determine treatment, or generate treatment plans.
VT
Enacted eff 2026-05-29
Mental health professionals using AI for administrative, supplementary, operational, or quality-improvement functions must retain sole responsibility for therapeutic decisions and review, modify, and approve the final AI-assisted product.
CA
CA AB 2575 (Healthcare AI) § Health & Safety Code § 1339.76
Engrossed
Health facilities, clinics, physician's offices, and offices of group practices that use or deploy a covered tool (AI or clinical decision support system) for patient care must disclose to any licensed healthcare professional or other person using the tool or viewing its outputs all of the following: (1) details on the covered tool including developer, funding source, any foundation model used, and description of output; (2) intended use including intended patient population, intended users, and intended decisionmaking role; (3) cautioned out-of-scope use including known risks and limitations; (4) list of inputs into the covered tool; (5) description of how the tool generates outputs; (6) development details including training set or clinical research description with demographic representativeness and known biases based on protected characteristics, relevance of training data to deployed setting, and process used to ensure fairness; (7) description of the validation process; (8) qualitative measures of performance; (9) description of ongoing maintenance; and (10) description of updates and continued validation or fairness assessment process. Disclosures must be provided at the time the professional uses the tool or views its output, in plain language, linked in the health record of any patient whose care was affected or whose health information was used as input, and with ample time for the professional to review and exercise reasoned professional judgment.
CA
CA AB 2575 (Healthcare AI) § Health & Safety Code § 1339.76
Engrossed
Health facilities, clinics, physician's offices, and offices of group practices must include in the covered-tool disclosure a notice that healthcare entities and developers are liable for harm that results from the use of artificial intelligence in patient care.
CA
CA AB 2575 (Healthcare AI) § Health & Safety Code § 1339.76
Engrossed
Health facilities, clinics, physician's offices, and offices of group practices must include in the covered-tool disclosure a notice that a worker providing direct patient care is permitted to override the output of the covered tool if, in the worker's judgment acting within their scope of practice, an override is appropriate for the patient, or as necessary to comply with applicable law including civil rights law.
CA
CA AB 2575 (Healthcare AI) § Lab. Code §§ 2820–2821
Engrossed
Employers must not use or deploy technology (including AI and clinical decision support systems) to replace or limit a healthcare worker's use of professional judgment in patient care.
CA
CA AB 2575 (Healthcare AI) § Lab. Code §§ 2820–2821
Engrossed
Employers must not retaliate or discriminate against a worker providing direct patient care based on (1) the worker's override of, or request to override, the output of technology when the worker acting within their scope of practice judges an override is appropriate for the patient or necessary to comply with applicable law including civil rights law, or (2) the worker's compliance with the output of technology that the employer provided or approved for patient care. Workers subject to retaliation may file a complaint with the Labor Commissioner.
CA
CA SB 903 (AI in Psychotherapy) § Bus. & Prof. Code § 4989.84
Engrossed
When providing psychotherapy services or conducting triage or screening, no individual, corporation, or entity may allow AI to (1) make independent therapeutic decisions, (2) directly interact with clients in psychotherapeutic communication (unless FDA-compliant and HIPAA-compliant), (3) generate therapeutic recommendations, assessment results, diagnoses, or treatment plans without licensed professional review and approval, (4) detect emotions or mental states, or (5) assess individuals for the need for psychotherapy services.
CA
CA SB 903 (AI in Psychotherapy) § Bus. & Prof. Code § 4989.84
Engrossed
Licensed professionals who independently select AI tools for use in psychotherapy services or triage or screening must ensure that the AI is deployed in compliance with this chapter and is used in a clinically appropriate manner.
CA
CA SB 903 (AI in Psychotherapy) § Bus. & Prof. Code § 4989.84
Engrossed
When AI use is required or authorized by an employer or contracting entity, the employer must ensure the AI is deployed in compliance with this chapter and must direct the licensed professional to use it in compliance. The licensed professional remains responsible for clinically appropriate use.
KY
KY HB 455 (AI in Therapy & Psychotherapy) § Section 2 (new section of KRS Chapter 367)
Engrossed
Licensed professionals must maintain full responsibility for all AI interactions, outputs, and data use, and may use AI only for administrative support and supplementary support tasks as defined by the Act.
SC
Engrossed
Licensed professionals must not allow AI to: (1) make independent therapeutic decisions, (2) directly interact with clients in any form of therapeutic communication, (3) generate therapeutic recommendations or treatment plans without review and approval by the licensed professional, or (4) detect emotions or mental states. AI may be used only for administrative or supplemental support subject to the consent requirements of Section 40-1-710.
VA
VA SB 269 (Mental Health AI Use) § Va. Code § 54.1-2400.1:1(B)
Engrossed
Mental health service providers must maintain full responsibility for all interactions, outputs, and data use associated with any artificial intelligence system used to assist in providing therapy or counseling services.
AL
Introduced eff 2026-10-01
A therapeutic AI chatbot may be made available to minors only if all of the following conditions are met: (1) the chatbot provides a clear and conspicuous disclaimer, verbally or in writing, at the beginning of each interaction that it is an artificial intelligence and not a licensed professional; (2) the chatbot is not marketed or designated as a substitute for a human professional; (3) a licensed mental health professional assesses the user's suitability, prescribes the tool as part of a comprehensive treatment plan, and monitors its use and impact; (4) the covered entity provides robust, independent, and peer-reviewed clinical trial data demonstrating safety and efficacy for specific conditions and populations; (5) the system's functions, limitations, and data privacy policies are transparent to both the licensed mental health professional and the user; and (6) the covered entity establishes clear lines of accountability for any harm caused by the therapeutic chatbot.
IL
Introduced
Registered professional nurses must independently review all AI outputs for clinical validity and relevance to the patient before relying on them; all AI output is advisory only.
IL
Introduced
Registered professional nurses must use AI only as clinical decision support or for non-nursing administrative tasks, must retain full responsibility for all nursing services, and must review, interpret, and document the rationale for accepting or rejecting any AI output.
IL
Introduced
Licensed professionals participating in an AI-assisted therapy research program must maintain an active unrestricted Illinois license, complete training on the AI system's capabilities and limitations, retain ultimate clinical responsibility for all participant care, be available to intervene when safety concerns arise or AI performance is inadequate, and document their supervision activities per the research protocol.
IL
Introduced
Licensed physicians must maintain full control and responsibility for any prescription and must not allow artificial intelligence to prescribe medication independently.
IL
Introduced
Registered professional nurses must treat all AI output as advisory only and must independently review every AI output for clinical validity and relevance to the patient before relying on it.
IL
Introduced
Registered professional nurses must use AI only as clinical decision support or for non-nursing administrative tasks, must remain responsible and accountable for all nursing services, and must review, interpret, and document the rationale for accepting or rejecting any AI output.
LA
Introduced
Healthcare providers must not use AI to (1) make treatment or diagnostic decisions, (2) interact directly with a patient in any form of communication, or (3) generate therapeutic recommendations or treatment plans without review and approval by a licensed healthcare professional.
MA
MA SB 2632 (AI in Healthcare Decision-Making) § G.L. c. 112, § 298(a)–(b)
Introduced
Licensed professionals must maintain full responsibility for all interactions, outputs, and data use associated with any AI system they use in delivering therapy or psychotherapy services. AI use is permitted only for administrative support or supplementary support, and only when the licensed professional satisfies the informed consent requirements of subsection (c).
MD
MD HB 995 (Behavioral Health AI Use) § Health Occ. § 1–231(C)
Introduced eff 2026-10-01
Behavioral health care providers using AI for administrative support tasks must independently review the accuracy of any report, data, or other information the AI compiles, summarizes, analyzes, or generates.
MN
MN HF 3893 (AI in Psychotherapy) § Minn. Stat. § 214.165, subd. 2
Introduced
Licensed professionals must not use AI systems to (1) make independent therapeutic decisions, (2) directly interact with clients in therapeutic communication, (3) generate therapeutic recommendations or treatment plans without the professional's review and approval, or (4) provide psychological or psychosocial assessment services.
MN
MN HF 3893 (AI in Psychotherapy) § Minn. Stat. § 214.165, subd. 3
Introduced
Licensed professionals who use AI for administrative or supplementary support in therapy services must maintain full responsibility for all interactions, outputs, and data use associated with the system.
MN
MN SF 4280 (AI in Psychotherapy) § Minn. Stat. § 214.165, subd. 2
Introduced
Licensed professionals must not use AI systems to (1) make independent therapeutic decisions, (2) directly interact with clients in any form of therapeutic communication, or (3) generate therapeutic recommendations or treatment plans without the licensed professional's review and approval.
MN
MN SF 4280 (AI in Psychotherapy) § Minn. Stat. § 214.165, subd. 3
Introduced
Licensed professionals who use AI systems for administrative or supplementary support in therapy or psychotherapy services must maintain full responsibility for all interactions, outputs, and data use associated with the system.
NY
NY AB 9106 (AI in Mental Health Care) § Educ. Law § 6517(3)
Introduced
Licensed professionals must not allow or use AI to (1) make independent therapeutic decisions, (2) directly interact with clients in any form of therapeutic communication, (3) generate therapeutic recommendations or treatment plans without professional review and approval, or (4) detect emotions or mental states.
NY
NY SB 8484 (AI in Mental Health Care) § Educ. Law § 6517(3)
Introduced
Licensed professionals must not allow AI to (1) make independent therapeutic decisions, (2) directly interact with clients in therapeutic communication, (3) generate therapeutic recommendations or treatment plans without the professional's review and approval, or (4) detect emotions or mental states.
OH
OH HB 525 (AI in Therapy Services) § R.C. § 4743.21(C)
Introduced
Licensed therapy professionals must not use AI to (1) make independent therapeutic decisions including diagnosis, (2) directly interact with clients in any form of therapeutic communication, (3) generate therapeutic recommendations or treatment plans without the licensed professional's review and approval, or (4) detect emotions or mental states.
OK
Introduced eff 2025-11-01
Deployers must ensure that AI devices are used exclusively by qualified end-users — licensed physicians who possess the qualifications and training to independently perform the same diagnostic, prognostic, or therapeutic procedure without the AI device and who have specific training in the use of the AI device, including the ability to assess the validity of its output.
OK
Introduced
Licensed mental health professionals must maintain full responsibility for all interactions, outputs, and data use associated with any AI system used for administrative or supplementary support. Licensed mental health professionals must not allow AI to: (1) make independent therapeutic decisions, (2) directly interact with clients in any form of therapeutic communication, (3) generate therapeutic recommendations or treatment plans without review by the licensed mental health professional, or (4) detect emotions or mental states.
OK
Introduced
Licensed mental health professionals — not AI or similar systems — must make all final decisions in the provision of therapy or psychotherapy services.
OK
Introduced
Licensed health care providers must maintain full responsibility for all interactions, outputs, and data use associated with any AI system used in providing health care services. Licensed health care providers must not allow AI to: (1) make independent medical decisions, (2) directly interact with patients in any form of medical communication, (3) diagnose medical conditions, or (4) generate medical advice, recommendations, or treatment plans without review by the licensed health care provider.
OK
Introduced
Licensed health care providers — not AI or similar systems — must make all final decisions in the provision of health care services.
PA
Introduced
Mental health professionals must not allow AI to (1) make independent therapeutic decisions, (2) directly interact with a client in any form of therapeutic communication, (3) generate therapeutic recommendations or treatment plans without the professional's review and approval, or (4) detect emotions or mental states.
PA
Introduced
Mental health therapists may use AI only for administrative support and must not allow AI to (1) make independent therapeutic decisions, (2) directly interact with clients in therapeutic communication, (3) generate therapeutic recommendations or treatment plans without therapist review and approval, or (4) detect emotions or mental states.
PA
Introduced
Board rules must specify the level of review, supervision, or approval a licensee must apply before any AI-generated information, work product, recommendation, or output may be used or relied upon in providing professional services.
PA
Introduced
Board rules must confirm that a licensee using AI retains full professional responsibility and must exercise professional judgment and comply with all ethical, confidentiality, recordkeeping, and other practice-act obligations notwithstanding the use of AI.
SD
Introduced
No person may use or permit AI to make independent therapeutic decisions, interact with individuals in any form of therapeutic communication, generate therapeutic recommendations or treatment plans without review and approval by a licensed professional, or detect emotions or mental states.
SD
Introduced
Licensed professionals must maintain full responsibility for all interactions, outputs, and data use associated with AI used in their practice.
TX
TX HB 1265 (AI Mental Health Services) § Health & Safety Code § 616.002
Introduced eff 2025-09-01
Persons providing AI mental health services must use only a commission-approved AI application and must either be a licensed mental health professional or ensure a licensed mental health professional is available at all times to each individual receiving AI-delivered services.
TX
TX HB 1265 (AI Mental Health Services) § Health & Safety Code § 616.002
Introduced eff 2025-09-01
Licensed mental health professionals overseeing AI mental health services must (1) be available to review patient progress, (2) be available to communicate directly with the patient as needed, and (3) intervene in the AI-delivered services if the patient threatens harm to self or others or reports child abuse or neglect.
TX
TX HB 1265 (AI Mental Health Services) § Health & Safety Code § 616.004
Introduced eff 2025-09-01
Licensed mental health professionals providing AI mental health services must comply with the same ethical principles and professional standards applicable to non-AI mental health services.
VT
Introduced
Mental health professionals may use AI for administrative support only if the professional reviews and assumes responsibility for all tasks performed by, outputs created by, and data use associated with the AI system employed.
VT
Introduced
Mental health professionals must ensure that all administrative support tasks conducted using AI — including transcription and recording — comply with the existing confidentiality and disclosure prohibitions in 18 V.S.A. §§ 1881 and 7103.
VT
Introduced
Mental health professionals may use AI for administrative support only to the extent that the professional personally reviews and assumes full responsibility for all tasks performed by, outputs created by, and data use associated with the AI system.
WV
WV HB 4770 (AI in Mental Health Care) § W. Va. Code § 33-57-2
Introduced eff 2027-01-01
Operators and licensed professionals must maintain full responsibility for all interactions, outputs, and data use associated with any AI tool or system used in therapy or psychotherapy services. AI may be used only for administrative support or supplementary support functions. A decision for patient care, reimbursement, or claims adjudication may not be based exclusively on AI-generated information.
WV
WV HB 4770 (AI in Mental Health Care) § W. Va. Code § 33-57-2
Introduced eff 2027-01-01
Operators and licensed professionals may use AI solely to flag or triage communications that may indicate self-harm, suicide risk, or other acute safety concerns, provided that any such flags are promptly reviewed and addressed by a licensed professional who retains sole authority for clinical assessment and decision-making.
LA
Failed
Healthcare providers must not use AI to make treatment or diagnostic decisions without review and approval by a licensed healthcare professional.
LA
Failed
Healthcare providers must not use AI to generate a therapeutic recommendation or treatment plan without review and approval by a healthcare professional.
LA
Failed
Healthcare professionals must review any healthcare decision made by or with the use of artificial intelligence in accordance with procedures established by their governing professional board, and may override any AI-generated decision.
MA
Failed
Licensed mental health professionals must ensure that any AI system used to provide mental health services is designed to prioritize patient safety and well-being, and must continuously monitor the AI system to ensure its safety and effectiveness.
MS
Failed eff 2026-07-01
Licensees may use AI only for administrative and supplementary support services (scheduling, billing, records management, data analysis, and resource referrals). AI must not make independent therapeutic decisions, directly interact with clients therapeutically, generate treatment plans without licensee review and approval, or detect a person's emotional or mental state.
TX
TX HB 4695 (AI Mental Health Services) § Health & Safety Code § 616.002
Failed
Persons providing AI mental health services must use only AI technology applications approved by the Health and Human Services Commission, and must either be a licensed mental health professional or make one available at all times to each person receiving services.
TX
TX HB 4695 (AI Mental Health Services) § Health & Safety Code § 616.002
Failed
The licensed mental health professional overseeing AI mental health services must be available to review patient progress, communicate directly with the patient if needed, and intervene when the patient threatens harm to self or others or reports child abuse or neglect.
TX
TX HB 4695 (AI Mental Health Services) § Health & Safety Code § 616.004
Failed
Persons providing AI mental health services must ensure the services comply with the same ethical principles and professional standards that apply to licensed mental health professionals delivering those services without AI.
TX
TX HB 4695 (AI Mental Health Services) § Health & Safety Code § 616.005
Failed
Persons providing AI mental health services must comply with the professional ethics standards applicable to a licensed mental health professional providing the same service without AI.
VA
VA HB 668 (Mental Health AI Providers) § Va. Code § 54.1-2400.1:1(B)
Failed
Mental health service providers must maintain full responsibility for all interactions, outputs, and data use associated with any artificial intelligence system they use to assist in providing therapy or counseling services.
HC-02.2
Prohibited AI Functions in Licensed Practice
AI systems must not independently make therapeutic decisions, directly interact with clients in therapeutic communication, generate treatment plans without licensed professional review, or detect or infer emotions or mental states in clinical or consumer-facing professional contexts.
Enacted
8
Live
35
Failed
17
Total
60
CO
CO HB 1195 (AI in Psychotherapy) § C.R.S. § 12-245-224.5
Enacted eff 2026-08-12
Regulated psychotherapy professionals must not allow an AI system to (1) interact with clients in any form of therapeutic communication unless the professional is simultaneously engaged in synchronous, real-time interaction with both the AI system and the client, or (2) generate therapeutic recommendations or treatment plans without review and approval by the professional.
CO
CO HB 1195 (AI in Psychotherapy) § C.R.S. § 12-245-224.5
Enacted eff 2026-08-12
Regulated psychotherapy professionals must not use AI to provide, direct, guide, or attempt to provide, direct, or guide psychotherapy, clinical intervention, counseling, diagnosis, treatment planning, or any other activity constituting the practice of psychotherapy unless the synchronous real-time interaction requirement of subsection (5) is met. Exceptions apply for educational/training programs and IRB-supervised research.
CO
CO HB 1195 (AI in Psychotherapy) § C.R.S. § 6-1-1705.2
Enacted eff 2026-08-12
An AI system must not provide, direct, guide, or attempt to provide, direct, or guide psychotherapy, clinical intervention, counseling, diagnosis, treatment planning, or any other activity constituting the practice of psychotherapy unless a licensed professional is simultaneously engaged in synchronous, real-time interaction with the AI system and the client. Exceptions apply for educational/training programs and IRB-supervised research.
IL
Enacted eff 2025-08-01
Licensed professionals must not allow AI to: (1) make independent therapeutic decisions; (2) directly interact with clients in any form of therapeutic communication; (3) generate therapeutic recommendations or treatment plans without the licensed professional's review and approval; or (4) detect emotions or mental states. AI use is permitted only for administrative support and supplementary support as defined in Section 15.
ME
Enacted eff 2026-04-08
Licensed professionals must not allow AI to: (1) make independent therapeutic decisions, (2) directly interact with clients in any form of therapeutic communication, or (3) generate therapeutic recommendations or treatment plans without review and approval by the licensed professional.
RI
RI HB 7349 (AI in Mental Health Care) § R.I. Gen. Laws § 40.1-5.5-3
Enacted eff 2026-06-22
Licensed professionals must retain full responsibility for AI use and must not allow AI to make independent therapeutic decisions, directly conduct therapeutic communication absent an established professional relationship, or determine therapeutic recommendations or treatment plans.
RI
RI SB 2197 (AI in Mental Health Care) § R.I. Gen. Laws § 40.1-5.5-3
Enacted eff 2026-06-22
Licensed professionals must not allow or use AI to (1) make independent therapeutic decisions, (2) directly interact with clients in any form of therapeutic communication, (3) generate therapeutic recommendations or treatment plans, or (4) detect emotions or mental states. AI use is limited to administrative and supplementary support tasks, and the licensed professional must maintain full responsibility for all interactions, outputs, and data use.
VT
Enacted eff 2026-05-29
Mental health professionals must not use AI in a manner that allows the AI to independently make therapeutic decisions, diagnose, determine treatment, or generate treatment plans.
CA
CA AB 1979 (Healthcare AI) § Health & Safety Code § 1339.76
Engrossed
Health facilities, clinics, physician's offices, and group practice offices must not use or deploy any AI tool, system, or device for any activity requiring the use of professional judgment by a licensed health care professional — including patient condition assessment, patient and family education on health care problems and post-discharge care, inter-professional handoff communications, and documentation requiring professional expertise applied to an individual patient's health. AI may be used for documentation and communication not involving professional judgment.
CA
CA AB 1979 (Healthcare AI) § Health & Safety Code § 1339.76
Engrossed
Health facilities, clinics, physician's offices, and group practice offices must not use or deploy any AI tool, system, or device to direct, guide, supervise, or instruct unlicensed personnel in performing any function that requires a professional license.
CA
CA SB 903 (AI in Psychotherapy) § Bus. & Prof. Code § 4989.84
Engrossed
When providing psychotherapy services or conducting triage or screening, no individual, corporation, or entity may allow AI to (1) make independent therapeutic decisions, (2) directly interact with clients in psychotherapeutic communication (unless FDA-compliant and HIPAA-compliant), (3) generate therapeutic recommendations, assessment results, diagnoses, or treatment plans without licensed professional review and approval, (4) detect emotions or mental states, or (5) assess individuals for the need for psychotherapy services.
KY
KY HB 455 (AI in Therapy & Psychotherapy) § Section 2 (new section of KRS Chapter 367)
Engrossed
Licensed professionals must not allow AI to make independent therapeutic decisions or generate therapeutic recommendations or treatment plans without review and approval by the licensed professional.
NH
Engrossed
No person or entity may provide, advertise, or offer mental health services requiring professional licensure through AI unless those services are provided by a New Hampshire licensed mental health professional. AI must not independently provide therapeutic communication directly to a client without licensed professional involvement. Licensed professionals may use FDA-authorized and HIPAA-compliant AI tools for clients under their care with due diligence.
NH
Engrossed
No person, corporation, or entity may provide, advertise, or offer therapy, psychotherapy services, or therapeutic communication — including through Internet-based AI — to the public in New Hampshire unless those services are provided by a New Hampshire licensed mental health professional. Religious counseling and peer support are exempt.
SC
Engrossed
Licensed professionals must not allow AI to: (1) make independent therapeutic decisions, (2) directly interact with clients in any form of therapeutic communication, (3) generate therapeutic recommendations or treatment plans without review and approval by the licensed professional, or (4) detect emotions or mental states. AI may be used only for administrative or supplemental support subject to the consent requirements of Section 40-1-710.
VA
VA SB 269 (Mental Health AI Use) § Va. Code § 54.1-2400.1:1(D)
Engrossed
Mental health service providers must not allow an AI system to (1) make independent therapeutic decisions, (2) directly interact with clients in therapeutic communication without provider oversight, or (3) generate therapeutic recommendations, diagnoses, or treatment plans without review, oversight, and approval by the licensed professional.
IL
Introduced
AI systems must not provide nursing services in place of a registered professional nurse, and must not perform or be assigned nursing assessments, nursing judgment, diagnosis, care plan development, delegation decisions, patient education requiring clinical judgment, outcome evaluation, affect recognition for clinical decisions, risk scoring for clinical decisions without nurse review, or triage/admission/discharge/transfer determinations without nurse review.
IL
Introduced
Licensed professionals participating in an AI-assisted therapy research program must maintain an active unrestricted Illinois license, complete training on the AI system's capabilities and limitations, retain ultimate clinical responsibility for all participant care, be available to intervene when safety concerns arise or AI performance is inadequate, and document their supervision activities per the research protocol.
IL
Introduced
AI systems must not provide nursing services in place of a registered professional nurse in direct patient care, and must not perform or be assigned any of ten enumerated nursing functions — including nursing assessments, clinical decision-making, nursing diagnosis, care plan development, delegation decisions, clinical-judgment patient education, outcome evaluation, affect recognition for clinical decisions, risk scoring without nurse review, or triage/admission/discharge/transfer determinations without nurse review and approval.
LA
Introduced
Healthcare providers must not use AI to (1) make treatment or diagnostic decisions, (2) interact directly with a patient in any form of communication, or (3) generate therapeutic recommendations or treatment plans without review and approval by a licensed healthcare professional.
MA
Introduced
Licensed professionals must not allow AI to: (1) make independent therapeutic decisions; (2) directly interact with clients in any form of therapeutic communication; (3) generate therapeutic recommendations or treatment plans without the licensed professional's review and approval; or (4) detect emotions or mental states.
MD
MD HB 995 (Behavioral Health AI Use) § Health Occ. § 1–231(B)
Introduced eff 2026-10-01
Behavioral health care providers must not use artificial intelligence to provide behavioral health care to a patient, including for assessment, diagnosis, treatment, counseling, treatment plan development, case management, or therapeutic communications.
MN
MN HF 3893 (AI in Psychotherapy) § Minn. Stat. § 214.165, subd. 2
Introduced
Licensed professionals must not use AI systems to (1) make independent therapeutic decisions, (2) directly interact with clients in therapeutic communication, (3) generate therapeutic recommendations or treatment plans without the professional's review and approval, or (4) provide psychological or psychosocial assessment services.
MN
MN SF 4280 (AI in Psychotherapy) § Minn. Stat. § 214.165, subd. 2
Introduced
Licensed professionals must not use AI systems to (1) make independent therapeutic decisions, (2) directly interact with clients in any form of therapeutic communication, or (3) generate therapeutic recommendations or treatment plans without the licensed professional's review and approval.
MN
MN SF 4997 (Chatbot Prohibitions & Liability) § Minn. Stat. § 604.115, subd. 2
Introduced eff 2026-08-01
Proprietors must not permit any chatbot to provide substantive responses, information, advice, or take actions that would require a professional license if performed by a natural person, including (1) mental health or medical care requiring licensure under chapter 147 or 148E or similar statutes, and (2) legal advice requiring licensure under section 481.02 and related laws. This prohibition cannot be waived or disclaimed by providing AI identity disclosure to the user.
NY
NY AB 9106 (AI in Mental Health Care) § Educ. Law § 6517(3)
Introduced
Licensed professionals must not allow or use AI to (1) make independent therapeutic decisions, (2) directly interact with clients in any form of therapeutic communication, (3) generate therapeutic recommendations or treatment plans without professional review and approval, or (4) detect emotions or mental states.
NY
NY SB 8484 (AI in Mental Health Care) § Educ. Law § 6517(3)
Introduced
Licensed professionals must not allow AI to (1) make independent therapeutic decisions, (2) directly interact with clients in therapeutic communication, (3) generate therapeutic recommendations or treatment plans without the professional's review and approval, or (4) detect emotions or mental states.
OH
OH HB 525 (AI in Therapy Services) § R.C. § 4743.21(C)
Introduced
Licensed therapy professionals must not use AI to (1) make independent therapeutic decisions including diagnosis, (2) directly interact with clients in any form of therapeutic communication, (3) generate therapeutic recommendations or treatment plans without the licensed professional's review and approval, or (4) detect emotions or mental states.
OK
Introduced
Licensed mental health professionals must maintain full responsibility for all interactions, outputs, and data use associated with any AI system used for administrative or supplementary support. Licensed mental health professionals must not allow AI to: (1) make independent therapeutic decisions, (2) directly interact with clients in any form of therapeutic communication, (3) generate therapeutic recommendations or treatment plans without review by the licensed mental health professional, or (4) detect emotions or mental states.
OK
Introduced
Licensed health care providers must maintain full responsibility for all interactions, outputs, and data use associated with any AI system used in providing health care services. Licensed health care providers must not allow AI to: (1) make independent medical decisions, (2) directly interact with patients in any form of medical communication, (3) diagnose medical conditions, or (4) generate medical advice, recommendations, or treatment plans without review by the licensed health care provider.
PA
Introduced
Mental health professionals must not allow AI to (1) make independent therapeutic decisions, (2) directly interact with a client in any form of therapeutic communication, (3) generate therapeutic recommendations or treatment plans without the professional's review and approval, or (4) detect emotions or mental states.
PA
Introduced
Mental health therapists may use AI only for administrative support and must not allow AI to (1) make independent therapeutic decisions, (2) directly interact with clients in therapeutic communication, (3) generate therapeutic recommendations or treatment plans without therapist review and approval, or (4) detect emotions or mental states.
PA
Introduced
Board rules must prohibit AI from independently performing professional services, making professional decisions, establishing a professional relationship, or fulfilling any duty imposed on a licensee under the applicable practice act.
SD
Introduced
No person may use or permit AI to make independent therapeutic decisions, interact with individuals in any form of therapeutic communication, generate therapeutic recommendations or treatment plans without review and approval by a licensed professional, or detect emotions or mental states.
SD
Introduced
No person may use or permit the use of AI in the provision of therapy or psychotherapy services except as specifically authorized under this chapter by a licensed professional.
SD
Introduced
Licensed professionals may use AI only for enumerated administrative tasks — scheduling, billing, records management, anonymized data analysis, resource referral organization, session recording or transcription (with consent under Section 5), and other administrative tasks not involving therapeutic communication.
TX
TX HB 1265 (AI Mental Health Services) § Health & Safety Code § 616.002
Introduced eff 2025-09-01
Licensed mental health professionals overseeing AI mental health services must (1) be available to review patient progress, (2) be available to communicate directly with the patient as needed, and (3) intervene in the AI-delivered services if the patient threatens harm to self or others or reports child abuse or neglect.
VT
Introduced
Mental health professionals must not misuse artificial intelligence as defined in 26 V.S.A. § 7101. Misuse constitutes unprofessional conduct and is grounds for license denial or other disciplinary action.
VT
Introduced
Mental health professionals must not (1) use AI to make therapeutic decisions, issue direct therapeutic communications, generate treatment plans or recommendations, or detect or interpret emotions or mental states, and (2) must not offer, provide, or advertise mental health services that use AI in whole or in part, except for the permitted administrative support and transcription/recording uses in subsection (b).
VT
Introduced
Mental health professionals must not misuse artificial intelligence as defined in 26 V.S.A. § 7101. A violation constitutes unprofessional conduct subject to professional licensing discipline, including denial or revocation of a license.
VT
Introduced
Mental health professionals must not (1) use AI to make therapeutic decisions, issue direct therapeutic communications, generate treatment plans or recommendations, or detect or interpret emotions or mental states, and (2) must not offer, provide, or advertise mental health services that use AI in whole or in part, except for administrative support with professional oversight and transcription/recording with prior written informed consent.
WV
WV HB 4770 (AI in Mental Health Care) § W. Va. Code § 33-57-2
Introduced eff 2027-01-01
Peer support services, religious counseling services, and digital mental wellness services must not use AI to diagnose, develop or modify treatment plans, conduct suicide or self-harm risk assessments, or otherwise provide therapy or psychotherapy services, unless a licensed professional has approved the AI-assisted activity.
WV
WV HB 4770 (AI in Mental Health Care) § W. Va. Code § 33-57-2
Introduced eff 2027-01-01
Licensed professionals must not allow AI to: (1) make independent therapeutic decisions; (2) directly interact with clients in any form of therapeutic communication; (3) generate therapeutic recommendations or treatment plans without review and approval by the licensed professional; or (4) detect emotions or mental states for the purpose of making diagnostic, therapeutic, or treatment decisions, or for targeting or manipulating a person's mental or emotional state.
FL
FL HB 281 (AI in Mental Health Practice) § Fla. Stat. § 490.016
Failed eff 2026-07-01
Licensed psychologists and school psychologists must not use artificial intelligence in the practice of psychology or school psychology, except for: (1) administrative or supplementary support services, including managing appointment scheduling and reminders, drafting general communications related to therapy logistics that do not involve therapeutic advice, processing billing and insurance claims, preparing and managing patient records, and analyzing data for operational purposes; and (2) recording or transcribing a counseling or therapy session, provided the licensee obtains written, informed consent at least 24 hours before the provision of services.
FL
FL HB 281 (AI in Mental Health Practice) § Fla. Stat. § 491.019
Failed eff 2026-07-01
Licensed clinical social workers, marriage and family therapists, mental health counselors, registered interns, and certificateholders must not use artificial intelligence in the practice of clinical social work, marriage and family therapy, or mental health counseling, except for: (1) administrative or supplementary support services, including managing appointment scheduling and reminders, drafting general communications related to therapy logistics that do not involve therapeutic advice, processing billing and insurance claims, preparing and managing patient records, and analyzing data for operational purposes; and (2) recording or transcribing a counseling or therapy session, provided the practitioner obtains written, informed consent at least 24 hours before the provision of services.
FL
FL SB 344 (AI in Therapy Services) § Fla. Stat. § 490.016
Failed
Licensed psychologists and school psychologists must not use artificial intelligence in the practice of psychology or school psychology, except for administrative and supplementary support services. Permitted administrative uses include: (1) managing appointment scheduling and reminders; (2) drafting general communications related to therapy logistics that do not involve therapeutic advice; (3) processing billing and insurance claims; (4) preparing and managing patient records; and (5) analyzing data for operational purposes. All other uses of AI in professional practice are prohibited.
FL
FL SB 344 (AI in Therapy Services) § Fla. Stat. § 491.019
Failed
Licensees, registered interns, and certificateholders must not use artificial intelligence in the practice of clinical social work, marriage and family therapy, or mental health counseling, except for administrative and supplementary support services. Permitted administrative uses include: (1) managing appointment scheduling and reminders; (2) drafting general communications related to therapy logistics that do not involve therapeutic advice; (3) processing billing and insurance claims; (4) preparing and managing patient records; and (5) analyzing data for operational purposes. All other uses of AI in professional practice are prohibited.
LA
Failed
Healthcare providers must not use AI to interact directly with a patient in any form of communication related to treatment and diagnosis.
LA
Failed
Healthcare providers must not use AI to generate a therapeutic recommendation or treatment plan without review and approval by a healthcare professional.
MS
Failed
Licensees must not use AI in professional mental or behavioral health care practice, except for enumerated administrative and supplementary support tasks (scheduling, billing, records, logistics communications, and operational data analysis). AI must not independently make therapeutic decisions, directly interact with clients therapeutically, generate treatment plans without licensee review, or detect a person's emotional or mental state.
MS
MS HB 1048 (AI in Mental Health Care) § Miss. Code Ann. § 73-30-21
Failed
Licensed professional counselors and psychotherapists are subject to board disciplinary action — including license suspension, revocation, or reprimand — for using AI in professional mental or behavioral health care in a manner prohibited by Section 1.
MS
MS HB 1048 (AI in Mental Health Care) § Miss. Code Ann. § 73-31-21
Failed
Licensed psychologists are subject to board disciplinary action — including license withholding, denial, revocation, or suspension — for using AI in professional mental or behavioral health care in a manner prohibited by Section 1.
MS
MS HB 1048 (AI in Mental Health Care) § Miss. Code Ann. § 73-53-17
Failed
Licensed social workers are subject to board disciplinary sanctions for using AI in professional mental or behavioral health care in a manner prohibited by Section 1.
MS
MS HB 1048 (AI in Mental Health Care) § Miss. Code Ann. § 73-54-29
Failed
Licensed marriage and family therapists are subject to board disciplinary sanctions for using AI in professional mental or behavioral health care in a manner prohibited by Section 1.
MS
MS HB 1048 (AI in Mental Health Care) § Miss. Code Ann. § 73-65-13
Failed
Licensed professional art therapists are subject to board disciplinary action — including license denial, suspension, or revocation — for using AI in professional mental or behavioral health care in a manner prohibited by Section 1.
MS
MS HB 1048 (AI in Mental Health Care) § Miss. Code Ann. § 73-66-17
Failed
Licensed music therapists are subject to board disciplinary sanctions — including license suspension, revocation, probation, reprimand, or fines — for using AI in professional mental or behavioral health care in a manner prohibited by Section 1.
MS
Failed eff 2026-07-01
Licensees must not use artificial intelligence in the practice of professional mental or behavioral health care, except for permitted administrative and supplementary support services.
MS
Failed eff 2026-07-01
Licensees may use AI only for administrative and supplementary support services (scheduling, billing, records management, data analysis, and resource referrals). AI must not make independent therapeutic decisions, directly interact with clients therapeutically, generate treatment plans without licensee review and approval, or detect a person's emotional or mental state.
TX
TX HB 4695 (AI Mental Health Services) § Health & Safety Code § 616.002
Failed
Persons providing AI mental health services must use only AI technology applications approved by the Health and Human Services Commission, and must either be a licensed mental health professional or make one available at all times to each person receiving services.
VA
VA HB 668 (Mental Health AI Providers) § Va. Code § 54.1-2400.1:1(D)
Failed
Mental health service providers must not allow an AI system to (1) make independent therapeutic decisions, (2) directly interact with clients in any form of therapeutic communication without provider oversight, or (3) generate therapeutic recommendations, diagnose, or implement treatment plans without review, oversight, and approval by the licensed professional.
HC-02.3
Unlicensed AI Therapy Prohibition
No person or entity may offer, advertise, or provide therapy, psychotherapy, or other licensed professional services through AI systems unless those services are conducted by a state-licensed, registered, or certified professional.
Enacted
8
Live
28
Failed
3
Total
39
CO
CO HB 1139 (AI in Health Care) § C.R.S. § 10-16-112.7
Enacted eff 2027-01-01
Carriers offering health benefit plans issued or renewed in Colorado must not provide coverage for psychotherapy services (as defined in C.R.S. § 12-245-202(14)) that are provided directly to an individual and conducted by an AI system. This prohibition does not apply to billing software, electronic health records, video platforms, or other nontherapeutic software tools incident to services provided by a human provider, nor does the use of videoconferencing, messaging platforms, or other communications software to enable supervision or consultation by a licensed, registered, or certified individual constitute AI-conducted services.
CO
CO HB 1139 (AI in Health Care) § C.R.S. § 25.5-1-209
Enacted eff 2027-01-01
Payers of mental or behavioral health-care services under the Colorado Medical Assistance Act (Medicaid) or the Children's Basic Health Plan Act (CHP+) must not pay for psychotherapy services (as defined in C.R.S. § 12-245-202(14)) that are provided directly to an individual and conducted by an AI system.
CO
CO HB 1195 (AI in Psychotherapy) § C.R.S. § 6-1-1705.2
Enacted eff 2026-08-12
No person may provide, advertise, or offer psychotherapy services to the public in Colorado, including through AI, unless the services are conducted by a licensed, registered, certified, or otherwise lawfully permitted psychotherapy professional.
IL
Enacted eff 2025-08-01
No individual, corporation, or entity may provide, advertise, or otherwise offer therapy or psychotherapy services to the public in Illinois — including through internet-based AI — unless those services are conducted by an individual who is a licensed professional. This prohibition covers both the actual delivery and the marketing of such services.
ME
Enacted eff 2026-04-08
No person may provide, advertise, or otherwise offer therapy or psychotherapy services to the public through the use of AI — including Internet-based AI — unless the services are provided by a licensed professional.
RI
RI HB 7349 (AI in Mental Health Care) § R.I. Gen. Laws § 40.1-5.5-3
Enacted eff 2026-06-22
No individual, corporation, or entity may provide, advertise, or offer therapy or psychotherapy services to the public — including through internet-based AI — unless those services are conducted by a state-licensed professional or provider.
RI
RI SB 2197 (AI in Mental Health Care) § R.I. Gen. Laws § 40.1-5.5-3
Enacted eff 2026-06-22
No individual, corporation, or entity may provide, advertise, or offer therapy or psychotherapy services — including through Internet-based AI — to the public in Rhode Island unless the services are conducted by a licensed professional. AI-only therapy platforms that lack a licensed professional are prohibited.
VT
Enacted eff 2026-05-29
Corporations and entities must not provide, advertise, or offer mental health services to the public through AI unless those services are delivered by a licensed mental health professional or conducted under an approved IRB or privacy-board study.
CA
CA SB 903 (AI in Psychotherapy) § Bus. & Prof. Code § 4989.84
Engrossed
No individual, corporation, or entity may provide, advertise, or offer psychotherapy services — including through AI — to the public in California unless the services are conducted by a licensed professional.
KY
KY HB 455 (AI in Therapy & Psychotherapy) § Section 2 (new section of KRS Chapter 367)
Engrossed
No individual, corporation, or entity may provide, advertise, or offer therapy or psychotherapy services — including through internet-based AI — to the public in Kentucky unless those services are performed by a licensed professional.
MD
MD HB 883 (AI Behavioral Health Care Prohibitions) § Md. Code, Com. Law § 14–5102
Engrossed eff 2026-10-01
Developers must not offer, sell, lease, give, or otherwise provide to Maryland consumers AI that is specifically programmed or designed to provide a service or experience constituting the practice of behavioral health care. Licensed behavioral health care providers may use AI for administrative support tasks.
NH
Engrossed
No person or entity may provide, advertise, or offer mental health services requiring professional licensure through AI unless those services are provided by a New Hampshire licensed mental health professional. AI must not independently provide therapeutic communication directly to a client without licensed professional involvement. Licensed professionals may use FDA-authorized and HIPAA-compliant AI tools for clients under their care with due diligence.
NH
Engrossed
No person, corporation, or entity may provide, advertise, or offer therapy, psychotherapy services, or therapeutic communication — including through Internet-based AI — to the public in New Hampshire unless those services are provided by a New Hampshire licensed mental health professional. Religious counseling and peer support are exempt.
SC
Engrossed
No individual, corporation, or entity may provide, advertise, or otherwise offer therapy or psychotherapy services to the public in South Carolina — including through the use of internet-based AI — unless those services are conducted by a state-licensed professional.
VA
VA SB 269 (Mental Health AI Use) § Va. Code § 54.1-2400.1:1(C)
Engrossed
No person or business entity may provide, advertise, or offer therapy or counseling services — including through AI — to the public in Virginia unless the services are conducted by a licensed mental health service provider.
AL
Introduced eff 2026-10-01
A therapeutic AI chatbot may be made available to minors only if all of the following conditions are met: (1) the chatbot provides a clear and conspicuous disclaimer, verbally or in writing, at the beginning of each interaction that it is an artificial intelligence and not a licensed professional; (2) the chatbot is not marketed or designated as a substitute for a human professional; (3) a licensed mental health professional assesses the user's suitability, prescribes the tool as part of a comprehensive treatment plan, and monitors its use and impact; (4) the covered entity provides robust, independent, and peer-reviewed clinical trial data demonstrating safety and efficacy for specific conditions and populations; (5) the system's functions, limitations, and data privacy policies are transparent to both the licensed mental health professional and the user; and (6) the covered entity establishes clear lines of accountability for any harm caused by the therapeutic chatbot.
KS
Introduced
Persons must not knowingly train artificial intelligence to act as or provide information as if the AI is a licensed mental health or healthcare professional.
MA
Introduced
No individual, corporation, or entity may provide, advertise, or offer therapy or psychotherapy services to the public in Massachusetts — including through Internet-based AI — unless those services are conducted by a licensed professional.
MN
MN HF 3893 (AI in Psychotherapy) § Minn. Stat. § 214.165, subd. 2
Introduced
No individual, corporation, or entity may provide, advertise, or offer therapy or psychotherapy services to the public in Minnesota unless those services are conducted by a licensed professional.
MN
MN HF 4979 (AI Licensed Activities Prohibition) § Minn. Stat. § 325F.701, subd. 2
Introduced
Owners of AI models must not allow their models to provide any state-licensed professional service directly to consumers unless the model is operated, while the service is being provided, by a credentialed natural person or a natural person representing a credentialed business.
MN
MN HF 4979 (AI Licensed Activities Prohibition) § Minn. Stat. § 325F.701, subd. 2
Introduced
Any business or person must not use an AI model to provide a state-licensed professional service to a consumer unless the model is operated, while the service is being provided, by a credentialed natural person or a natural person representing a credentialed business.
MN
MN SF 4280 (AI in Psychotherapy) § Minn. Stat. § 214.165, subd. 2
Introduced
No individual, corporation, or entity may provide, advertise, or otherwise offer therapy or psychotherapy services to the public in Minnesota unless those services are conducted by a licensed professional. AI-only therapy services are categorically prohibited.
MN
MN SF 4927 (AI Licensed Activities Prohibition) § Minn. Stat. § 325F.701, subd. 2
Introduced
Owners of AI models must not allow their models to provide any state-licensed professional service directly to a consumer unless a credentialed natural person (or a natural person representing a credentialed business) operates the model while the service is being provided.
MN
MN SF 4927 (AI Licensed Activities Prohibition) § Minn. Stat. § 325F.701, subd. 2
Introduced
Any business or person must not use an AI model to provide a state-licensed professional service to a consumer unless a credentialed natural person (or a natural person representing a credentialed business) operates the model while the service is being provided.
NY
NY AB 9106 (AI in Mental Health Care) § Educ. Law § 6517(3)
Introduced
No individual, corporation, or entity may provide, advertise, or offer therapy or psychotherapy services to the public in New York — including through internet-based AI — unless those services are conducted by a licensed professional.
NY
NY SB 8484 (AI in Mental Health Care) § Educ. Law § 6517(3)
Introduced
No individual, corporation, or entity may provide, advertise, or offer therapy or psychotherapy services — including through internet-based AI — to the public in New York unless those services are conducted by a licensed professional.
OK
Introduced
No individual, corporation, or entity may provide, advertise, or offer therapy or psychotherapy services through Internet-based AI to the public in Oklahoma unless the services are conducted by a licensed mental health professional.
PA
Introduced
AI providers must not make available in Pennsylvania any AI system specifically programmed to provide a service or experience that would constitute the practice of a mental health professional if provided by a natural person.
PA
Introduced
No person or entity may provide, advertise, or offer therapy or psychotherapy services — including through Internet-based AI — to the public in Pennsylvania unless those services are conducted by a licensed mental health therapist.
SD
Introduced
No person may advertise or otherwise offer therapy or psychotherapy services using AI except as provided in this chapter.
TX
TX HB 1265 (AI Mental Health Services) § Health & Safety Code § 616.002
Introduced eff 2025-09-01
Persons providing AI mental health services must use only a commission-approved AI application and must either be a licensed mental health professional or ensure a licensed mental health professional is available at all times to each individual receiving AI-delivered services.
VT
Introduced
No person, corporation, or entity may offer, provide, or advertise mental health services in Vermont that use artificial intelligence in whole or in part, except where a licensed mental health professional uses AI for administrative support or transcription/recording as authorized under 26 V.S.A. § 7101.
VT
Introduced
Mental health professionals must not (1) use AI to make therapeutic decisions, issue direct therapeutic communications, generate treatment plans or recommendations, or detect or interpret emotions or mental states, and (2) must not offer, provide, or advertise mental health services that use AI in whole or in part, except for the permitted administrative support and transcription/recording uses in subsection (b).
VT
Introduced
No person, corporation, or entity may offer, provide, or advertise mental health services in Vermont that use artificial intelligence in whole or in part. The only exception is use by a licensed mental health professional under the limited administrative-support and transcription permissions of 26 V.S.A. § 7101.
VT
Introduced
Mental health professionals must not (1) use AI to make therapeutic decisions, issue direct therapeutic communications, generate treatment plans or recommendations, or detect or interpret emotions or mental states, and (2) must not offer, provide, or advertise mental health services that use AI in whole or in part, except for administrative support with professional oversight and transcription/recording with prior written informed consent.
WV
WV HB 4770 (AI in Mental Health Care) § W. Va. Code § 33-57-2
Introduced eff 2027-01-01
Operators and licensed professionals must not provide, advertise, or offer therapy or psychotherapy services through AI to the public in West Virginia unless those services are conducted by a licensed professional. Operators and licensed professionals must not design, market, or present any AI system in a manner that would reasonably cause a person to believe the AI system is a licensed professional or crisis service.
MS
Failed
AI providers must not make available for use in Mississippi any AI system specifically programmed to provide a service or experience that would constitute the practice of professional mental or behavioral health care if provided by a natural person.
MS
Failed eff 2026-07-01
No individual, corporation, or entity may provide, advertise, or offer therapy or psychotherapy services — including through Internet-based AI — to the public in Mississippi unless the services are conducted by a licensed professional.
VA
VA HB 668 (Mental Health AI Providers) § Va. Code § 54.1-2400.1:1(C)
Failed
No person or business entity may provide, advertise, or offer therapy or counseling services to the public in the Commonwealth through an AI system unless the services are conducted by a licensed mental health service provider.
HC-02.4
AI Session Recording Consent
Professionals must obtain a patient's written, informed, revocable consent before using AI to record or transcribe a therapeutic session, and may not deny services for refusing consent.
Enacted
6
Live
23
Failed
8
Total
37
CO
CO HB 1195 (AI in Psychotherapy) § C.R.S. § 12-245-224.5
Enacted eff 2026-08-12
Regulated psychotherapy professionals must not use AI to record or transcribe a client's therapeutic session unless the client or their legally authorized representative is informed in advance in writing that AI will be used and for what specific purpose, and consents in writing. Consent is required only for the initial use and need not be re-obtained for each session unless the purpose or manner of use materially changes. Refusal or revocation of consent must not be used as a basis to deny psychotherapy services.
IL
Enacted eff 2025-08-01
Licensed professionals must not use AI to record or transcribe a therapeutic session unless the patient or the patient's legally authorized representative has been informed in writing that (A) AI will be used and (B) the specific purpose of the AI tool, and the patient or representative has provided consent. Consent must be a clear, explicit, freely given, informed, specific, and unambiguous written agreement that is revocable at any time. Consent may not be obtained through general terms-of-use agreements, passive interactions, or deceptive actions.
ME
Enacted eff 2026-04-08
Licensed professionals must, before using AI to record or transcribe a therapeutic session, inform the client or the client's legally authorized representative in writing of: (1) that AI will be used, (2) the specific purpose of the AI tool or system, and (3) how session data collected by AI will be stored, retained, used for training, and deleted upon termination of services. The client or representative must then provide consent — which must be a clear, explicit, affirmative, informed, voluntary, specific, revocable written agreement and cannot be obtained through general terms-of-use acceptance or deceptive actions.
RI
RI HB 7349 (AI in Mental Health Care) § R.I. Gen. Laws § 40.1-5.5-3
Enacted eff 2026-06-22
Licensed professionals must obtain written, informed, revocable consent before using emotional-attachment-simulating AI or AI companions in a recorded or transcribed therapy session, after disclosing in writing that AI will be used and its specific purpose.
RI
RI SB 2197 (AI in Mental Health Care) § R.I. Gen. Laws § 40.1-5.5-3
Enacted eff 2026-06-22
Licensed professionals must, before using AI to record or transcribe a client's therapeutic session, inform the patient (or the patient's parent, guardian, or other legally authorized representative) in writing that (1) artificial intelligence will be used and (2) the specific purpose of the AI tool or system. The patient or authorized representative must provide written, revocable consent to the use of AI. Consent obtained through general terms of use, passive digital interactions, or deceptive actions is insufficient.
VT
Enacted eff 2026-05-29
Mental health professionals must obtain a patient's explicit, written, informed, and revocable consent before using AI to record identifiable therapeutic communications.
CA
CA SB 903 (AI in Psychotherapy) § Bus. & Prof. Code § 4989.83
Engrossed
Any individual, corporation, or entity must inform the patient (or authorized representative) verbally or in writing that AI will be used and describe the specific purpose of the AI tool, and must obtain affirmative consent, before using AI to record or transcribe psychotherapeutic communications, psychotherapy sessions, or triage or screening. Services may not be denied based on refusal to consent.
KY
KY HB 455 (AI in Therapy & Psychotherapy) § Section 2 (new section of KRS Chapter 367)
Engrossed
Licensed professionals must inform the patient or legally authorized representative in writing that AI will be used and its specific purpose, and must obtain revocable written consent meeting Section 1(3) requirements, before using AI to record or transcribe a therapeutic session.
SC
Engrossed
Licensed professionals must not use AI to assist in providing supplementary support in therapy or psychotherapy where the client's session is recorded or transcribed unless: (1) the patient or their legally authorized representative has been informed in writing that AI will be used and for what specific purpose, and (2) the patient or representative has provided written consent to that AI use.
VA
VA SB 269 (Mental Health AI Use) § Va. Code § 54.1-2400.1:1(B)
Engrossed
Mental health service providers must not use an AI system to record or transcribe therapy or counseling sessions unless they (1) disclose to the patient that AI will be used and its specific purpose, and (2) at the initial appointment, disclose AI use policies and obtain written or digital consent from the patient or legally authorized representative. Providers must notify consenting patients of any subsequent policy changes.
IL
Introduced
Registered professional nurses must obtain written, informed, specific, and unambiguous patient consent before using AI to record, transcribe, summarize, or analyze a clinical encounter, must provide a clear revocation mechanism, and must immediately cease AI processing upon revocation. Consent may not be obtained through prechecked boxes, blanket terms of service, or dark patterns.
IL
Introduced
Registered professional nurses must obtain written, informed, freely given, specific, and unambiguous consent from the patient or patient's representative before using AI to record, transcribe, summarize, or analyze a clinical encounter for direct patient care. Consent may not be obtained through prechecked boxes, blanket terms of service, or dark patterns. Nurses must provide a clear revocation mechanism; upon revocation, AI processing must stop immediately and prior outputs may not be used for clinical decisions unless required to preserve the medical record.
MA
Introduced
Licensed professionals must not use AI to record or transcribe a therapeutic session unless the patient or the patient's legally authorized representative has been informed in writing that AI will be used and informed of the specific purpose of the AI tool, and has provided consent meeting the bill's strict consent definition (clear, explicit, affirmative, informed, voluntary, specific, revocable, and not obtained via general terms of use, passive behavior, or deceptive actions).
MD
MD HB 995 (Behavioral Health AI Use) § Health Occ. § 1–231(C)
Introduced eff 2026-10-01
Behavioral health care providers using AI for administrative support tasks must provide each patient with written and verbal notice that the provider may use an AI system to perform administrative support tasks and of the potential risks associated with AI use, including the potential for a breach of confidentiality.
MD
MD HB 995 (Behavioral Health AI Use) § Health Occ. § 1–231(D)
Introduced eff 2026-10-01
Behavioral health care providers must obtain written informed consent from each patient before using any AI system that could materially affect clinical decision-making services or patient-facing services.
MN
MN HF 3893 (AI in Psychotherapy) § Minn. Stat. § 214.165, subd. 4
Introduced
Licensed professionals must not use ambient listening (AI transcription) in therapy sessions unless the client provides written, informed consent after receiving disclosure of (1) the purposes of ambient listening, (2) where collected data is stored, (3) who has access, (4) whether data is used to train an LLM, (5) when and how data will be destroyed, (6) that declining will not result in penalty, and (7) that the professional maintains responsibility for proofreading and signing case notes. Both client and professional must sign and date the consent form.
NY
NY AB 9106 (AI in Mental Health Care) § Educ. Law § 6517(2)
Introduced
Licensed professionals must, before using AI for supplementary support when a therapeutic session is recorded or transcribed, inform the patient in writing that AI will be used and the specific purpose of the AI tool, and obtain the patient's affirmative, revocable written consent. Consent may not be obtained through general terms of use, passive interactions, or deceptive actions.
NY
NY SB 8484 (AI in Mental Health Care) § Educ. Law § 6517(2)
Introduced
Licensed professionals must, before using AI to assist with supplementary support that involves recording or transcribing a therapeutic session, (1) inform the patient or their legally authorized representative in writing that AI will be used and the specific purpose of the AI tool, and (2) obtain the patient's affirmative written, revocable consent.
OH
OH HB 525 (AI in Therapy Services) § R.C. § 4743.21(B)
Introduced
Licensed therapy professionals must obtain written informed consent from the patient or the patient's authorized representative before using AI, specifying that AI will be used and identifying the specific purpose of its use.
OK
Introduced
Licensed mental health professionals must not use AI for supplementary support in therapy or psychotherapy where the client's session is recorded or transcribed unless the patient or legally authorized representative is first informed in writing that (a) AI will be used and (b) the specific purpose of the AI tool or system, and the patient or representative provides consent. Consent must be a clear, explicit, freely given, informed, voluntary, specific, and unambiguous written agreement that is revocable at any time. Consent obtained through general terms of use, passive digital interactions, or deceptive actions is insufficient.
OK
Introduced
Licensed health care providers must not use AI to assist in the provision of a patient's care unless the patient or legally authorized representative is first informed in writing that (a) AI will be used and (b) the specific purpose of the AI tool or system, and the patient or representative provides consent. Consent must be a clear, explicit, freely given, informed, voluntary, specific, and unambiguous written agreement that is revocable at any time. Consent obtained through general terms of use, passive digital interactions, or deceptive actions is insufficient.
PA
Introduced
Mental health professionals must inform the patient in writing that AI will be used and its specific purpose, and obtain the patient's written informed consent, before using AI to record or transcribe a therapeutic session.
SD
Introduced
No person may use or permit AI to record or transcribe a therapeutic session unless the consent requirements of Section 5 are satisfied.
SD
Introduced
Licensed professionals must, before using AI to record or transcribe a therapeutic session, inform the client or their legally authorized representative in writing that AI will be used and of the specific purpose, and obtain consent meeting Section 6 standards. Consent is revocable at any time.
SD
Introduced
Consent for AI recording or transcription of therapeutic sessions must be a clear, explicit, written approval that unambiguously communicates informed and voluntary agreement. Consent may not be obtained through general-use agreements bundling AI with unrelated terms, passive digital interactions (hovering, muting, pausing, or closing content), or deceptive actions.
TX
TX HB 1265 (AI Mental Health Services) § Health & Safety Code § 616.003
Introduced eff 2025-09-01
During pre-approval testing, licensed mental health professionals must obtain a signed informed consent from each test participant acknowledging that the AI application has not been demonstrated competent or safe and releasing the provider from liability for services provided during testing.
VT
Introduced
Mental health professionals must, before using AI for transcription or recording, (1) inform the patient or client (or their legal guardian) in writing of the specific purpose for which AI is being used and that any transcription or recording will be subject to confidentiality protections, and (2) obtain written, informed, revocable consent from the patient or client (or their legal guardian).
VT
Introduced
Mental health professionals must, before using AI for transcription or recording, (1) inform the patient or client (or their legal guardian) in writing of the specific purpose for which AI is being used and that any transcription or recording will be subject to confidentiality protections, and (2) obtain written, informed, revocable consent from the patient or client (or their legal guardian).
WV
WV HB 4770 (AI in Mental Health Care) § W. Va. Code § 33-57-2
Introduced eff 2027-01-01
Operators and licensed professionals must not use AI to assist in therapy or psychotherapy where the client's session is recorded or transcribed unless: (1) the patient or legally authorized representative is informed in writing that AI will be used and the specific purpose of the AI tool, and (2) the patient or legally authorized representative provides consent to the use of AI. Consent must be clear, explicit, freely given, informed, voluntary, specific, unambiguous, in writing, and revocable. Consent may not be obtained through broad terms of use, passive interactions, or deceptive actions.
FL
FL HB 281 (AI in Mental Health Practice) § Fla. Stat. § 490.016
Failed eff 2026-07-01
Licensed psychologists and school psychologists must not use artificial intelligence in the practice of psychology or school psychology, except for: (1) administrative or supplementary support services, including managing appointment scheduling and reminders, drafting general communications related to therapy logistics that do not involve therapeutic advice, processing billing and insurance claims, preparing and managing patient records, and analyzing data for operational purposes; and (2) recording or transcribing a counseling or therapy session, provided the licensee obtains written, informed consent at least 24 hours before the provision of services.
FL
FL HB 281 (AI in Mental Health Practice) § Fla. Stat. § 491.019
Failed eff 2026-07-01
Licensed clinical social workers, marriage and family therapists, mental health counselors, registered interns, and certificateholders must not use artificial intelligence in the practice of clinical social work, marriage and family therapy, or mental health counseling, except for: (1) administrative or supplementary support services, including managing appointment scheduling and reminders, drafting general communications related to therapy logistics that do not involve therapeutic advice, processing billing and insurance claims, preparing and managing patient records, and analyzing data for operational purposes; and (2) recording or transcribing a counseling or therapy session, provided the practitioner obtains written, informed consent at least 24 hours before the provision of services.
FL
FL SB 344 (AI in Therapy Services) § Fla. Stat. § 490.016
Failed
Licensed psychologists and school psychologists must obtain written, informed consent at least 24 hours before using artificial intelligence to record or transcribe a counseling or therapy session.
FL
FL SB 344 (AI in Therapy Services) § Fla. Stat. § 491.019
Failed
Licensees, registered interns, and certificateholders must obtain written, informed consent at least 24 hours before using artificial intelligence to record or transcribe a counseling or therapy session in the practice of clinical social work, marriage and family therapy, or mental health counseling.
MA
Failed
Licensed mental health professionals must disclose the use of AI to patients in advance and obtain their informed consent before providing AI-assisted mental health services.
MS
Failed
Licensees must obtain written, informed consent at least 24 hours before using AI to record or transcribe a counseling or therapy session.
MS
Failed eff 2026-07-01
Licensees must not use AI for preparing patient records, analyzing data, or organizing referrals where a therapeutic session is recorded or transcribed unless the patient is informed in writing that AI will be used and of its specific purpose, and the patient provides affirmative, informed, voluntary written consent. Consent is revocable at any time and cannot be obtained through general terms of use, passive UI interactions, or deceptive actions.
VA
VA HB 668 (Mental Health AI Providers) § Va. Code § 54.1-2400.1:1(B)
Failed
Mental health service providers must not use an AI system to record or transcribe therapy or counseling sessions unless the provider (1) discloses to the patient or legally authorized representative that an AI system will be used and its specific purpose, and (2) at the initial appointment, discloses the provider's AI use policies and obtains written or digital consent from the patient or legally authorized representative. The provider must notify any consenting patient of changes to AI-related policies.
HC-02.5
AI Professional Representation Prohibition
Operators and providers are prohibited from using any term, letter, phrase, or interface design in advertising, outputs, or system features that indicates or implies AI output is provided by, endorsed by, or equivalent to services from a licensed healthcare, mental health, legal, accounting, or financial professional.
Enacted
0
Live
4
Failed
0
Total
4
MN
MN SF 4997 (Chatbot Prohibitions & Liability) § Minn. Stat. § 604.115, subd. 2
Introduced eff 2026-08-01
Proprietors must not permit any chatbot to provide substantive responses, information, advice, or take actions that would require a professional license if performed by a natural person, including (1) mental health or medical care requiring licensure under chapter 147 or 148E or similar statutes, and (2) legal advice requiring licensure under section 481.02 and related laws. This prohibition cannot be waived or disclaimed by providing AI identity disclosure to the user.
NJ
Introduced
Operators must not knowingly or intentionally program their AI companion to make representations that would lead a reasonable person to believe it can act as a licensed mental health professional.
NJ
Introduced
Operators must not knowingly or intentionally cause or program the AI companion to make any representation or statement that would lead a reasonable person to believe it can act as a licensed mental health professional.
WV
WV HB 4770 (AI in Mental Health Care) § W. Va. Code § 33-57-2
Introduced eff 2027-01-01
Operators and licensed professionals must not provide, advertise, or offer therapy or psychotherapy services through AI to the public in West Virginia unless those services are conducted by a licensed professional. Operators and licensed professionals must not design, market, or present any AI system in a manner that would reasonably cause a person to believe the AI system is a licensed professional or crisis service.