HB26-1195 • 2026

Psychotherapy Artificial Intelligence Restrictions

The bill prohibits licensed, certified, or registered psychologists, professional counselors, social workers, clinical social workers, marriage and family therapists, addiction counselors, or candidat

Education Elections Labor Privacy Technology

Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor: Rep. J. Mabrey, Rep. G. Rydin, Sen. J. Amabile, Sen. K. Mullica
Last action: 2026-04-13
Official status: House Second Reading Special Order - Passed with Amendments - Committee, Floor
Effective date: Not listed

Plain English Breakdown

The bill summary does not specify enforcement mechanisms or penalties for violations.

Psychotherapy Artificial Intelligence Restrictions

This bill restricts licensed mental health professionals from using artificial intelligence (AI) in certain ways during therapy sessions and requires informed consent for recording or transcribing sessions with AI.

What This Bill Does

Prohibits regulated mental health professionals from directly interacting with clients through AI, generating therapeutic recommendations without review by a professional, or detecting emotions or mental states.
Allows the use of AI to provide administrative support like scheduling and billing if the professional maintains full responsibility for all interactions and data.
Requires written informed consent before recording or transcribing therapy sessions using AI.

Who It Names or Affects

Licensed mental health professionals such as psychologists, counselors, social workers, and therapists.
Individuals seeking therapy who may be affected by restrictions on the use of AI in their sessions.

Terms To Know

Regulated Professionals: Mental health providers licensed or certified to offer psychotherapy services.
Administrative Support: Tasks that assist in the delivery of therapy without involving therapeutic communication, such as scheduling and billing.

Limits and Unknowns

The bill does not specify what happens if a professional violates these restrictions.
It is unclear how this legislation will be enforced or monitored by regulatory boards.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

L.001

HOU Health & Human Services

Passed [*]

Plain English: The amendment adds a new requirement for artificial intelligence systems used by mental health professionals to comply with privacy laws like HIPAA.

Adds a new section that requires the use of AI in therapy must follow state and federal privacy laws, including HIPAA.
Updates numbering throughout the bill to reflect the addition of the new AI requirement.

The amendment does not specify what happens if an AI system fails to comply with these laws.

L.002

HOU Health & Human Services

Passed [*]

Plain English: The amendment changes the bill's language to clarify what 'therapeutic communication' does not include and adds a new definition for activities that are excluded from therapeutic communication.

Adds a new section defining 'therapeutic communication' as excluding general wellness education, instruction, or guidance intended to promote overall health and well-being rather than diagnose, treat, or address specific mental, emotional, or behavioral concerns.
Inserts a list of activities that are excluded from the definition of therapeutic communication.

The amendment does not provide details on how these changes will be enforced or what impact they might have beyond defining terms.

L.003

HOU Health & Human Services

Passed [*]

Plain English: The amendment changes when and how a new law about restrictions on certain mental health professionals using artificial intelligence will take effect.

Changes the effective date of the bill to be after a ninety-day period following the end of the legislative session, but also allows for a referendum if one is filed within that time frame.
Specifies that if a referendum is held and approved by voters in November 2026, the law will take effect on the day the governor officially declares the election results.

The exact date of when the bill takes effect depends on the timing of the legislative session adjournment.
If a referendum is not filed or if it fails at the general election, the specific effective date will depend on those outcomes.

L.009

Second Reading

Passed [**]

Plain English: The amendment adds a new section to the Colorado Revised Statutes that restricts how artificial intelligence (AI) can be used in providing psychotherapy services.

Defines key terms such as 'administrative support', 'artificial intelligence system', and 'therapeutic communication'.
Allows licensed professionals to use AI for administrative tasks but not for therapeutic interactions without direct human oversight.
Requires written consent from clients before an AI can record or transcribe a therapy session, with specific conditions outlined.

The text is truncated and does not provide the full scope of restrictions on AI use in psychotherapy services.

Bill History

2026-04-13 House
House Second Reading Special Order - Passed with Amendments - Committee, Floor
2026-03-25 House
House Second Reading Special Order - Laid Over Daily - No Amendments
2026-03-09 House
House Second Reading Laid Over Daily - No Amendments
2026-03-04 House
House Committee on Health & Human Services Refer Amended to House Committee of the Whole
2026-02-11 House
Introduced In House - Assigned to Health & Human Services

Official Summary Text

The bill prohibits licensed, certified, or registered psychologists, professional counselors, social workers, clinical social workers, marriage and family therapists, addiction counselors, or candidates for those credentials, as well as unlicensed psychotherapists and other individuals lawfully permitted to provide psychotherapy services in the state (regulated professionals), from using an artificial intelligence system to:
Directly interact with clients in any form of therapeutic communication;
Generate therapeutic recommendations or treatment plans without review and approval by regulated professionals; or
Detect emotions or mental states.
Under current law, the practice of "psychotherapy" or "psychotherapy services" means, in pertinent part: Treatment, diagnosis, testing, assessment, or counseling in a professional relationship to assist individuals or groups to alleviate behavioral and mental health disorders; understand unconscious or conscious motivation; resolve emotional, relationship, or attitudinal conflicts; or modify behaviors that interfere with effective emotional, social, or intellectual functioning. Psychotherapy follows a planned procedure of intervention that takes place on a regular basis or over a period of time, or, in the cases of testing, assessment, and brief psychotherapy, psychotherapy can be a single intervention. The definition of psychotherapy in current law also states that it is the intent of the general assembly that the definition of psychotherapy be interpreted in its narrowest sense to regulate only those persons that clearly fall within the definition.
The bill allows regulated professionals to use an artificial intelligence system to assist in providing administrative support or supplementary support for psychotherapy services if the regulated professional maintains full responsibility for all interactions, outputs, and data use associated with the artificial intelligence system.
Further, if a client's therapeutic session will be recorded or transcribed through the use of an artificial intelligence system, the regulated professional must obtain written, informed consent from the client or the client's representative.
The bill does not prohibit the use of an artificial intelligence system within accredited or approved educational, instructional, or professional training programs so long as the artificial intelligence system is used solely for educational, administrative, simulation, or training purposes and is not deployed or marketed for use with clients, patients, or the public.
The bill also does not prohibit the development or testing of an artificial intelligence system solely for research purposes under the oversight of a federally registered institutional review board, so long as the artificial intelligence system is not offered to consumers or used to provide psychotherapy services outside of the research setting.
Further, the bill also does not prohibit the use of a technology or service that provides self-help, coaching, guided meditation, or wellness tools and that does not diagnose or treat mental health disorders and clearly discloses that the technology or service is not a substitute for clinical care.
The applicable board that regulates a regulated professional may take disciplinary action against a regulated professional that violates prohibitions in the bill concerning the use of artificial intelligence systems relating to psychotherapy services.
The bill also makes it unlawful for an individual, corporation, or entity (person) to provide, advertise, or otherwise offer psychotherapy services to the public in the state unless the services are provided by a regulated professional.
It is an unfair trade practice under the "Colorado Consumer Protection Act" for a person to use a term, letter, or phrase in the advertising, interface, or outputs of an artificial intelligence system that indicates or implies that the artificial intelligence system's output data is endorsed by or equivalent to psychotherapy services provided by regulated professionals or represent that the artificial intelligence system provides psychotherapy services or that users' data or information is confidential.
(Note: This summary applies to this bill as introduced.)

Current Bill Text

Read the full stored bill text

Second Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
ENGROSSED
This Version Includes All Amendments Adopted
on Second Reading in the House of Introduction
LLS NO. 26-0298.01 Brita Darling x2241 HOUSE BILL 26-1195
House Committees Senate Committees
Health & Human Services
A BILL FOR AN ACT
CONCERNING RESTRICTIONS ON THE USE OF ARTIFICIAL INTELLIGENCE101
RELATING TO PSYCHOTHERAPY SERVICES.102
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov.)
The bill prohibits licensed, certified, or registered psychologists,
professional counselors, social workers, clinical social workers, marriage
and family therapists, addiction counselors, or candidates for those
credentials, as well as unlicensed psychotherapists and other individuals
lawfully permitted to provide psychotherapy services in the state
(regulated professionals), from using an artificial intelligence system to:
HOUSE
Amended 2nd Reading
April 13, 2026
HOUSE SPONSORSHIP
Rydin and Mabrey,
SENATE SPONSORSHIP
Amabile and Mullica,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law.
! Directly interact with clients in any form of therapeutic
communication;
! Generate therapeutic recommendations or treatment plans
without review and approval by regulated professionals; or
! Detect emotions or mental states.
Under current law, the practice of "psychotherapy" or
"psychotherapy services" means, in pertinent part: Treatment, diagnosis,
testing, assessment, or counseling in a professional relationship to assist
individuals or groups to alleviate behavioral and mental health disorders;
understand unconscious or conscious motivation; resolve emotional,
relationship, or attitudinal conflicts; or modify behaviors that interfere
with effective emotional, social, or intellectual functioning.
Psychotherapy follows a planned procedure of intervention that takes
place on a regular basis or over a period of time, or, in the cases of
testing, assessment, and brief psychotherapy, psychotherapy can be a
single intervention. The definition of psychotherapy in current law also
states that it is the intent of the general assembly that the definition of
psychotherapy be interpreted in its narrowest sense to regulate only those
persons that clearly fall within the definition.
The bill allows regulated professionals to use an artificial
intelligence system to assist in providing administ rative support or
supplementary support for psychotherapy services if the regulated
professional maintains full responsibility for all interactions, outputs, and
data use associated with the artificial intelligence system.
Further, if a client's therapeutic session will be recorded or
transcribed through the use of an artificial intelligence system, the
regulated professional must obtain written, informed consent from the
client or the client's representative.
The bill does not prohibit the use of an artificial intelligence
system within accredited or approved educational, instructional, or
professional training programs so long as the artificial intelligence system
is used solely for educational, administrative, simulation, or training
purposes and is not deployed or marketed for use with clients, patients,
or the public.
The bill also does not prohibit the development or testing of an
artificial intelligence system solely for research purposes under the
oversight of a federally registered institutional review board, so long as
the artificial intelligence system is not offered to consumers or used to
provide psychotherapy services outside of the research setting.
Further, the bill also does not prohibit the use of a technology or
service that provides self-help, coaching, guided meditation, or wellness
tools and that does not diagnose or treat mental health disorders and
clearly discloses that the technology or service is not a substitute for
clinical care.
The applicable board that regulates a regulated professional may
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take disciplinary action against a regulated professional that violates
prohibitions in the bill concerning the use of artificial intelligence systems
relating to psychotherapy services.
The bill also makes it unlawful for an individual, corporation, or
entity (person) to provide, advertise, or otherwise offer psychotherapy
services to the public in the state unless the services are provided by a
regulated professional.
It is an unfair trade practice under the "Colorado Consumer
Protection Act" for a person to use a term, letter, or phrase in the
advertising, interface, or outputs of an artificial intelligence system that
indicates or implies that the artificial intelligence system's output data is
endorsed by or equivalent to psychotherapy services provided by
regulated professionals or represent that the artificial intelligence system
provides psychotherapy services or that users' data or information is
confidential.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 12-245-224, amend2
(1)(w) and (1)(x); and add (1)(y) as follows:3
12-245-224. Prohibited activities - related provisions -4
definition.5
(1) A person licensed, registered, or certified under this article 2456
violates this article 245 if the person:7
(w) Has sold or fraudulently obtained or furnished a license,8
registration, or certification to practice as a psychologist, social worker,9
marriage and family therapist, licensed professional counselor,10
psychotherapist, or addiction counselor or has aided or abetted in those11
activities; or12
(x) Has failed to respond, in the manner required by the board, to13
a complaint filed with or by the board against the licensee, registrant, or14
certificate holder; OR15
(y) FAILS TO COMPLY WITH SECTION 12-245-224.5 CONCERNING16
THE USE OF ARTIFICIAL INTELLIGENCE SYSTEMS.17
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SECTION 2. In Colorado Revised Statutes, add 12-245-224.5 as1
follows:2
12-245-224.5. Use of artificial intelligence systems for3
psychotherapy services - permitted use by regulated individuals -4
consent - use in educational and training settings and research -5
prohibited use - definitions.6
(1) AS USED IN THIS SECTION , UNLESS THE CONTEXT OTHERWISE7
REQUIRES:8
(a) (I) "ADMINISTRATIVE SUPPORT" MEANS TASKS THAT:9
(A) A RE PERFORMED TO ASSIST A LICENSEE, REGISTRANT ,10
CERTIFICATE HOLDER, OR OTHER INDIVIDUAL LAWFULLY PERMITTED TO11
PROVIDE PSYCHOTHERAPY SERVICES IN THE STATE IN THE DELIVERY OF12
PSYCHOTHERAPY SERVICES; AND13
(B) DO NOT INVOLVE THERAPEUTIC COMMUNICATION.14
(II) "ADMINISTRATIVE SUPPORT" INCLUDES THE FOLLOWING, AT A15
MINIMUM:16
(A) MANAGING APPOINTMENT SCHEDULING AND REMINDERS;17
(B) PROCESSING BILLING AND INSURANCE CLAIMS; AND18
(C) DRAFTING GENERAL COMMUNICATIONS RELATED TO THERAPY19
LOGISTICS THAT DO NOT INCLUDE THERAPEUTIC ADVICE.20
(b) " A RTIFICIAL INTELLIGENCE SYSTEM" MEANS ANY21
MACHINE-BASED SYSTEM THAT, FOR ANY EXPLICIT OR IMPLICIT OBJECTIVE,22
INFERS FROM THE INPUTS THE SYSTEM RECEIVES HOW TO GENERATE23
OUTPUTS , INCLUDING CONTENT , DECISIONS , PREDICTIONS , OR24
RECOMMENDATIONS, THAT CAN INFLUENCE PHYSICAL OR VIRTUAL25
ENVIRONMENTS.26
(c) (I) " C ONSENT" MEANS A CLEAR, EXPLICIT, AFFIRMATIVE,27
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SPECIFIC, AND UNAMBIGUOUS WRITTEN AGREEMENT, INCLUDING A1
WRITTEN AGREEMENT PROVIDED BY ELECTRONIC MEANS, ENTERED INTO2
BY AN INDIVIDUAL THAT IS REVOCABLE BY THE INDIVIDUAL.3
(II) " C ONSENT" DOES NOT INCLUDE AN AGREEMENT THAT IS4
OBTAINED BY ANY OF THE FOLLOWING MEANS:5
(A) T HE ACCEPTANCE OF A GENERAL OR BROAD TERMS OF USE6
AGREEMENT OR A SIMILAR DOCUMENT THAT CONTAINS DESCRIPTIONS OF7
ARTIFICIAL INTELLIGENCE ALONG WITH OTHER UNRELATED INFORMATION;8
(B) AN INDIVIDUAL INTERACTING WITH A GIVEN PIECE OF DIGITAL9
CONTENT IN A MANNER THAT INVOLVES HOVERING OVER, MUTING,10
PAUSING, OR CLOSING THE DIGITAL CONTENT; OR11
(C) AN AGREEMENT OBTAINED THROUGH THE USE OF DECEPTION.12
(d) "S UPPLEMENTARY SUPPORT" MEANS TASKS PERFORMED TO13
ASSIST A LICENSEE, REGISTRANT , CERTIFICATE HOLDER, OR OTHER14
INDIVIDUAL LAWFULLY PERMITTED TO PROVIDE PSYCHOTHERAPY15
SERVICES IN THE STATE IN THE DELIVERY OF PSYCHOTHERAPY SERVICES16
THAT DO NOT INVOLVE THERAPEUTIC COMMUNICATION AND THAT ARE NOT17
ADMINISTRATIVE SUPPORT. "SUPPLEMENTARY SUPPORT" INCLUDES, AT A18
MINIMUM:19
(I) P REPARING AND MAINTAINING CLIENT RECORDS, INCLUDING20
THERAPY NOTES;21
(II) ANALYZING DATA TO TRACK CLIENT PROGRESS OR IDENTIFY22
TRENDS, SUBJECT TO REVIEW BY A LICENSEE, REGISTRANT, CERTIFICATE23
HOLDER, OR OTHER INDIVIDUAL LAWFULLY PERMITTED TO PROVIDE24
PSYCHOTHERAPY SERVICES IN THE STATE; AND25
(III) I DENTIFYING AND ORGANIZING INTERNAL AND EXTERNAL26
RESOURCES OR REFERRALS FOR CLIENT USE.27
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(e) (I) " THERAPEUTIC COMMUNICATION" MEANS ANY VERBAL,1
NONVERBAL, OR WRITTEN INTERACTION CONDUCTED IN A CLINICAL OR2
PROFESSIONAL SETTING THAT MEETS THE DEFINITION OF PSYCHOTHERAPY3
SERVICES. "THERAPEUTIC COMMUNICATION" INCLUDES:4
(A) D IRECT INTERACTIONS WITH CLIENTS FOR THE PURPOSE OF5
UNDERSTANDING OR REFLECTING THEIR THOUGHTS, EMOTIONS, OR6
EXPERIENCES;7
(B) PROVIDING GUIDANCE, THERAPEUTIC STRATEGIES , OR8
INTERVENTIONS DESIGNED TO ACHIEVE MENTAL OR BEHAVIORAL HEALTH9
OUTCOMES;10
(C) OFFERING EMOTIONAL SUPPORT, REASSURANCE, OR EMPATHY11
IN RESPONSE TO PSYCHOLOGICAL OR EMOTIONAL DISTRESS;12
(D) C OLLABORATING WITH CLIENTS TO DEVELOP OR MODIFY13
THERAPEUTIC GOALS OR TREATMENT PLANS; AND14
(E) O FFERING BEHAVIORAL FEEDBACK INTENDED TO PROMOTE15
PSYCHOLOGICAL GROWTH OR TO ADDRESS MENTAL OR BEHAVIORAL16
HEALTH CONDITIONS.17
(II) " T HERAPEUTIC COMMUNICATION" DOES NOT INCLUDE18
GENERAL WELLNESS EDUCATION, INSTRUCTION, OR GUIDANCE THAT IS19
INTENDED TO PROMOTE OVERALL HEALTH AND WELL-BEING, RATHER THAN20
TO DIAGNOSE, TREAT, OR ADDRESS A SPECIFIC MENTAL, EMOTIONAL, OR21
BEHAVIORAL HEALTH CONCERN.22
(2) A LICENSEE, REGISTRANT, CERTIFICATE HOLDER , OR OTHER23
INDIVIDUAL LAWFULLY PERMITTED TO PROVIDE PSYCHOTHERAPY24
SERVICES IN THE STATE MAY USE AN ARTIFICIAL INTELLIGENCE SYSTEM TO25
ASSIST IN PROVIDING ADMINISTRATIVE SUPPORT OR SUPPLEMENTARY26
SUPPORT FOR PSYCHOTHERAPY SERVICES IF THE LICENSEE, REGISTRANT,27
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CERTIFICATE HOLDER, OR OTHER INDIVIDUAL LAWFULLY PERMITTED TO1
PROVIDE PSYCHOTHERAPY SERVICES IN THE STATE MAINTAINS2
RESPONSIBILITY FOR REVIEWING ANY OUTPUTS OF THE ARTIFICIAL3
INTELLIGENCE SYSTEM USED TO PROVIDE ADMINISTRATIVE SUPPORT OR4
SUPPLEMENTARY SUPPORT AND SATISFIES THE REQUIREMENTS SET FORTH5
IN SUBSECTION (4) OF THIS SECTION.6
(3) THE USE OF AN ARTIFICIAL INTELLIGENCE SYSTEM IS SUBJECT7
TO AND MUST COMPLY WITH APPLICABLE STATE AND FEDERAL PRIVACY8
AND SECURITY LAWS, INCLUDING THE "HEALTH INSURANCE PORTABILITY9
AND ACCOUNTABILITY ACT OF 1996", PUB.L. 104-191, AND ITS10
IMPLEMENTING REGULATIONS.11
(4) (a) A LICENSEE, REGISTRANT, CERTIFICATE HOLDER, OR OTHER12
INDIVIDUAL LAWFULLY PERMITTED TO PROVIDE PSYCHOTHERAPY13
SERVICES IN THE STATE SHALL NOT USE AN ARTIFICIAL INTELLIGENCE14
SYSTEM TO RECORD OR TRANSCRIBE A CLIENT 'S THERAPEUTIC SESSION,15
UNLESS:16
(I) T HE CLIENT OR THE CLIENT'S LEGALLY AUTHORIZED17
REPRESENTATIVE IS INFORMED IN ADVANCE IN WRITING OF THE18
FOLLOWING:19
(A) T HAT AN ARTIFICIAL INTELLIGENCE SYSTEM WILL BE USED;20
AND21
(B) T HE SPECIFIC PURPOSE FOR WHICH THE ARTIFICIAL22
INTELLIGENCE SYSTEM WILL BE USED;23
(II) T HE CLIENT OR THE CLIENT'S LEGALLY AUTHORIZED24
REPRESENTATIVE CONSENTS IN WRITING TO THE USE OF THE ARTIFICIAL25
INTELLIGENCE SYSTEM; AND26
(III) THE CLIENT'S REFUSAL TO PROVIDE OR LATER DECISION TO27
1195-7-
REVOKE THE CONSENT REQUIRED PURSUANT TO SUBSECTION (4)(a)(II) OF1
THIS SECTION SHALL NOT BE USED AS A BASIS TO DENY PSYCHOTHERAPY2
SERVICES.3
(b) THE CONSENT REQUIRED PURSUANT TO SUBSECTION (4)(a)(II)4
OF THIS SECTION FOR THE USE OF AN ARTIFICIAL INTELLIGENCE SYSTEM TO5
RECORD OR TRANSCRIBE THERAPEUTIC SESSIONS IS REQUIRED ONLY FOR6
THE INITIAL USE OF THE ARTIFICIAL INTELLIGENCE SYSTEM OCCURRING ON7
OR AFTER THE EFFECTIVE DATE OF THIS SECTION AND NOT FOR EACH8
SUBSEQUENT THERAPEUTIC SESSION, UNLESS THE PURPOSE OR MANNER OF9
USE MATERIALLY CHANGES.10
(5) A LICENSEE, REGISTRANT, CERTIFICATE HOLDER, OR OTHER11
INDIVIDUAL LAWFULLY PERMITTED TO PROVIDE PSYCHOTHERAPY12
SERVICES IN THE STATE SHALL NOT ALLOW AN ARTIFICIAL INTELLIGENCE13
SYSTEM TO DO ANY OF THE FOLLOWING:14
(a) I NTERACT WITH CLIENTS IN ANY FORM OF THERAPEUTIC15
COMMUNICATION WITHOUT SYNCHRONOUS , REAL-TIME INTERACTION16
BETWEEN THE LICENSEE, REGISTRANT, CERTIFICATE HOLDER, OR OTHER17
INDIVIDUAL LAWFULLY PERMITTED TO PROVIDE PSYCHOTHERAPY18
SERVICES IN THE STATE, THE ARTIFICIAL INTELLIGENCE SYSTEM, AND THE19
CLIENT; OR20
(b) GENERATE THERAPEUTIC RECOMMENDATIONS OR TREATMENT21
PLANS WITHOUT REVIEW AND APPROVAL BY THE LICENSEE, REGISTRANT,22
CERTIFICATE HOLDER, OR OTHER INDIVIDUAL LAWFULLY PERMITTED TO23
PROVIDE PSYCHOTHERAPY SERVICES IN THE STATE.24
(6) E XCEPT AS PROVIDED IN SUBSECTIONS (7) AND (8) OF THIS25
SECTION, A LICENSEE, REGISTRANT, CERTIFICATE HOLDER, OR OTHER26
INDIVIDUAL LAWFULLY PERMITTED TO PROVIDE PSYCHOTHERAPY27
1195-8-
SERVICES IN THE STATE SHALL NOT USE AN ARTIFICIAL INTELLIGENCE1
SYSTEM TO PROVIDE, DIRECT, GUIDE, OR ATTEMPT TO PROVIDE, DIRECT, OR2
GUIDE PSYCHOTHERAPY , CLINICAL INTERVENTION , COUNSELING ,3
DIAGNOSIS, TREATMENT PLANNING, OR ANY OTHER ACTIVITY THAT4
CONSTITUTES THE PRACTICE OF PSYCHOTHERAPY WITH AN INDIVIDUAL OR5
A GROUP UNLESS THE USE COMPLIES WITH SUBSECTION (5) OF THIS6
SECTION.7
(7) NOTHING IN THIS SECTION PROHIBITS A LICENSEE, REGISTRANT,8
CERTIFICATE HOLDER, OR OTHER INDIVIDUAL LAWFULLY PERMITTED TO9
PROVIDE PSYCHOTHERAPY SERVICES IN THE STATE FROM USING AN10
ARTIFICIAL INTELLIGENCE SYSTEM WITHIN AN ACCREDITED OR APPROVED11
EDUCATIONAL, INSTRUCTIONAL, OR PROFESSIONAL TRAINING PROGRAM,12
SO LONG AS THE ARTIFICIAL INTELLIGENCE SYSTEM:13
(a) I S USED SOLELY FOR EDUCATIONAL , ADMINISTRATIVE,14
SIMULATION, OR TRAINING PURPOSES;15
(b) N OTWITHSTANDING SUBSECTION (5)(a) OF THIS SECTION, IS16
NOT DEPLOYED, MARKETED, OR REPRESENTED AS A TOOL FOR USE WITH17
CLIENTS, PATIENTS, OR MEMBERS OF THE PUBLIC; AND18
(c) FOR ANY SIMULATION, TRAINING MODULE, OR EDUCATIONAL19
ACTIVITY THAT INCLUDES CONTENT RELATED TO CLINICAL20
DECISION-MAKING, IS REVIEWED OR CONTROLLED BY AN INDIVIDUAL21
LICENSED, CERTIFIED, REGISTERED, OR OTHERWISE LAWFULLY PERMITTED22
TO PROVIDE PSYCHOTHERAPY SERVICES IN THE STATE.23
(8) NOTHING IN THIS SECTION PROHIBITS A LICENSEE, REGISTRANT,24
CERTIFICATE HOLDER, OR OTHER INDIVIDUAL LAWFULLY PERMITTED TO25
PROVIDE PSYCHOTHERAPY SERVICES IN THE STATE FROM BEING INVOLVED26
IN THE DEVELOPMENT, TESTING, OR EVALUATION OF AN ARTIFICIAL27
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INTELLIGENCE SYSTEM SOLELY FOR RESEARCH PURPOSES CONDUCTED1
UNDER THE OVERSIGHT OF AN INSTITUTIONAL REVIEW BOARD REGISTERED2
WITH THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN3
SERVICES, SO LONG AS THE ARTIFICIAL INTELLIGENCE SYSTEM IS NOT4
OFFERED TO CONSUMERS OR USED TO PROVIDE PSYCHOTHERAPY SERVICES5
OUTSIDE OF THE RESEARCH SETTING.6
(9) THIS SECTION DOES NOT APPLY TO A LICENSEE, REGISTRANT,7
CERTIFICATE HOLDER, OR OTHER INDIVIDUAL LAWFULLY PERMITTED TO8
PROVIDE PSYCHOTHERAPY SERVICES IN THE STATE WHO USES OR9
RECOMMENDS THE USE OF A TECHNOLOGY OR SERVICE THAT:10
(a) PROVIDES SELF-HELP, THERAPEUTIC HOMEWORK, COACHING,11
GUIDED MEDITATION, JOURNALING, REFLECTIONS, PSYCHOEDUCATION,12
GOAL SETTING , PROGRESS TRACKING , THERAPEUTIC SESSION13
PREPARATION, THERAPEUTIC SESSION SUMMARIES, MOOD MONITORING,14
MINDFULNESS EXERCISES, BREATHING EXERCISES, CRISIS RESOURCE15
DIRECTORIES, SAFETY PLANNING, OTHER WELLNESS TOOLS, OR FEDERAL16
FOOD AND DRUG ADMINISTRATION-APPROVED TECHNOLOGY OR ARTIFICIAL17
INTELLIGENCE SYSTEMS;18
(b) DOES NOT DIAGNOSE OR TREAT MENTAL HEALTH DISORDERS;19
AND20
(c) CLEARLY DISCLOSES THAT THE TECHNOLOGY OR SERVICE IS21
NOT A SUBSTITUTE FOR CLINICAL CARE.22
23
SECTION 3. In Colorado Revised Statutes, add 6-1-1705.2 as24
follows:25
6-1-1705.2. Use of artificial intelligence systems -26
psychotherapy services - prohibited practices - definitions.27
1195-10-
(1) A PERSON SHALL NOT USE ANY TERM , LETTER, OR PHRASE IN1
THE ADVERTISING , INTERFACE , OR OUTPUTS OF AN ARTIFICIAL2
INTELLIGENCE SYSTEM IN A MANNER THAT:3
(a) I NDICATES OR IMPLIES THAT THE ARTIFICIAL INTELLIGENCE4
SYSTEM'S OUTPUT DATA IS BEING PROVIDED BY , IS ENDORSED BY , OR IS5
EQUIVALENT TO SERVICES PROVIDED BY AN INDIVIDUAL LICENSED ,6
REGISTERED, OR CERTIFIED IN THE STATE PURSUANT TO ARTICLE 245 OF7
TITLE 12 TO ENGAGE IN THE PRACTICE OF PSYCHOTHERAPY OR TO PROVIDE8
PSYCHOTHERAPY SERVICES;9
(b) R EPRESENTS THAT THE ARTIFICIAL INTELLIGENCE SYSTEM10
PROVIDES PSYCHOTHERAPY SERVICES; OR11
(c) R EPRESENTS THAT A USER 'S DATA OR INFORMATION IS12
CONFIDENTIAL.13
(2) A PERSON SHALL NOT PROVIDE , ADVERTISE, OR OTHERWISE14
OFFER PSYCHOTHERAPY SERVICES TO THE PUBLIC IN THE STATE ,15
INCLUDING THROUGH THE USE OF AN ARTIFICIAL INTELLIGENCE SYSTEM,16
UNLESS THE PSYCHOTHERAPY SERVICES ARE CONDUCTED IN ACCORDANCE17
WITH THIS SECTION BY A LICENSEE, REGISTRANT, CERTIFICATE HOLDER, OR18
OTHER INDIVIDUAL LAWFULLY PERMITTED TO PROVIDE PSYCHOTHERAPY19
SERVICES IN THE STATE.20
(3) E XCEPT AS PROVIDED IN SUBSECTIONS (4) AND (5) OF THIS21
SECTION, AN ARTIFICIAL INTELLIGENCE SYSTEM MUST NOT PROVIDE ,22
DIRECT, GUIDE, OR ATTEMPT TO PROVIDE, DIRECT, OR GUIDE23
PSYCHOTHERAPY, CLINICAL INTERVENTION, COUNSELING, DIAGNOSIS,24
TREATMENT PLANNING, OR ANY OTHER ACTIVITY THAT CONSTITUTES THE25
PRACTICE OF PSYCHOTHERAPY WITH AN INDIVIDUAL OR A GROUP UNLESS26
THE USE COMPLIES WITH SECTION 12-245-224.5 (5)(a).27
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(4) NOTHING IN THIS SECTION PROHIBITS THE USE OF AN ARTIFICIAL1
INTELLIGENCE SYSTEM WITHIN AN ACCREDITED OR APPROVED2
EDUCATIONAL, INSTRUCTIONAL, OR PROFESSIONAL TRAINING PROGRAM,3
SO LONG AS THE ARTIFICIAL INTELLIGENCE SYSTEM:4
(a) I S USED SOLELY FOR EDUCATIONAL , ADMINISTRATIVE,5
SIMULATION, OR TRAINING PURPOSES;6
(b) N OTWITHSTANDING SECTION 12-245-224.5 (5)(a), IS NOT7
DEPLOYED, MARKETED, OR REPRESENTED AS A TOOL FOR USE WITH8
CLIENTS, PATIENTS, OR MEMBERS OF THE PUBLIC; AND9
(c) FOR ANY SIMULATION, TRAINING MODULE, OR EDUCATIONAL10
ACTIVITY THAT INCLUDES CONTENT RELATED TO CLINICAL11
DECISION-MAKING, IS REVIEWED OR CONTROLLED BY AN INDIVIDUAL12
LICENSED, CERTIFIED, REGISTERED, OR OTHERWISE LAWFULLY PERMITTED13
TO PROVIDE PSYCHOTHERAPY SERVICES IN THE STATE.14
(5) N OTHING IN THIS SECTION PROHIBITS THE DEVELOPMENT ,15
TESTING, OR EVALUATION OF AN ARTIFICIAL INTELLIGENCE SYSTEM16
SOLELY FOR RESEARCH PURPOSES CONDUCTED UNDER THE OVERSIGHT OF17
AN INSTITUTIONAL REVIEW BOARD REGISTERED WITH THE UNITED STATES18
DEPARTMENT OF HEALTH AND HUMAN SERVICES, SO LONG AS THE19
ARTIFICIAL INTELLIGENCE SYSTEM IS NOT OFFERED TO CONSUMERS OR20
USED TO PROVIDE PSYCHOTHERAPY SERVICES OUTSIDE OF THE RESEARCH21
SETTING.22
(6) THIS SECTION DOES NOT APPLY TO THE USE OF A TECHNOLOGY23
OR SERVICE THAT:24
(a) PROVIDES SELF-HELP, THERAPEUTIC HOMEWORK, COACHING,25
GUIDED MEDITATION , JOURNALING, REFLECTIONS, PSYCHOEDUCATION,26
GOAL SETTING , PROGRESS TRACKING , THERAPEUTIC SESSION27
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PREPARATION, THERAPEUTIC SESSION SUMMARIES, MOOD MONITORING,1
MINDFULNESS EXERCISES, BREATHING EXERCISES, CRISIS RESOURCE2
DIRECTORIES, SAFETY PLANNING, OTHER WELLNESS TOOLS, OR FEDERAL3
FOOD AND DRUG ADMINISTRATION-APPROVED TECHNOLOGY OR ARTIFICIAL4
INTELLIGENCE SYSTEMS;5
(b) DOES NOT DIAGNOSE OR TREAT MENTAL HEALTH DISORDERS;6
AND7
(c) CLEARLY DISCLOSES THAT THE TECHNOLOGY OR SERVICE IS8
NOT A SUBSTITUTE FOR CLINICAL CARE.9
(7) AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE10
REQUIRES:11
(a) "ARTIFICIAL INTELLIGENCE SYSTEM" HAS THE MEANING SET12
FORTH IN SECTION 12-245-224.5.13
(b) "PERSON" HAS THE MEANING SET FORTH IN SECTION 2-4-40114
(8).15
(c) "PSYCHOTHERAPY" OR "PSYCHOTHERAPY SERVICES" HAS THE16
MEANING SET FORTH IN SECTION 12-245-202.17
SECTION 4. Act subject to petition - effective date -18
applicability. (1) This act takes effect at 12:01 a.m. on the day following19
the expiration of the ninety-day period after final adjournment of the20
general assembly (August 12, 2026, if adjournment sine die is on May 13,21
2026); except that, if a referendum petition is filed pursuant to section 122
(3) of article V of the state constitution against this act or an item, section,23
or part of this act within such period, then the act, item, section, or part24
will not take effect unless approved by the people at the general election25
1195-13-
to be held in November 2026 and, in such case, will take effect on the1
date of the official declaration of the vote thereon by the governor.2
(2) This act applies to actions taken on or after the applicable3
effective date of this act. 4
1195-14-