SB 640-FN establishes comprehensive regulations for the use of artificial intelligence (AI) in professional services requiring a license, particularly in mental health and substance use counseling. The bill prohibits individuals or entities from offering or advertising licensed services through AI unless these services are delivered by a licensed professional. It expands the definition of unlawful practice to include the provision of licensed services via AI and allows the Office of Professional Licensure and Certification to collect fees for enforcement. Key provisions require licensed professionals to maintain full responsibility for AI interactions, review AI-generated outputs, and obtain explicit written consent from clients regarding AI use. The bill also introduces definitions for terms related to AI in psychology, such as "therapeutic communication" and "administrative support," emphasizing that while AI can assist in non-therapeutic tasks, it cannot replace essential human elements in therapy.

The legislation further clarifies that misuse of AI inconsistent with its provisions may result in disciplinary actions by the relevant board. It explicitly excludes religious counseling, peer support, and publicly available self-help materials from its scope. The bill defines "supplementary support" as non-therapeutic tasks that assist licensed professionals, such as maintaining client records and analyzing anonymized data. The effective date of the act is upon passage, with a projected fiscal impact of less than $10,000 for each fiscal year from 2026 to 2029. Overall, SB 640-FN aims to regulate the integration of AI in mental health services while safeguarding client rights and ensuring professional accountability.

Statutes affected:
Introduced: 310:13
SB640 text: 310:13