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HB0281 • 2026

Use of Artificial Intelligence in Psychological, Clinical, Counseling, and Therapy Services

Use of Artificial Intelligence in Psychological, Clinical, Counseling, and Therapy Services

Labor Technology
Passed Legislature

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

Sponsor
Hunschofsky ; Trabulsy ; (CO-INTRODUCERS) Eskamani ; Woodson
Last action
2026-03-13
Official status
House - Died in Health Professions & Programs Subcommittee
Effective date
2026-07-01

Plain English Breakdown

The bill summary does not provide specific details on enforcement or penalties for violations.

Rules for Using AI in Mental Health Services

This bill stops mental health professionals from using artificial intelligence (AI) to provide therapy or counseling directly but allows them to use it for administrative tasks.

What This Bill Does

  • Defines what 'artificial intelligence' means in the context of providing psychological, clinical, counseling, and therapy services.
  • Forbids licensed psychologists, clinical social workers, marriage and family therapists, and mental health counselors from using AI to provide therapy or counseling directly.
  • Allows these professionals to use AI for administrative tasks like scheduling appointments, managing patient records, processing insurance claims, drafting general communications related to therapy logistics that do not involve therapeutic advice, and analyzing data for operational purposes.
  • Permits the recording of sessions with written consent 24 hours in advance.

Who It Names or Affects

  • Licensed psychologists
  • Clinical social workers
  • Marriage and family therapists
  • Mental health counselors

Terms To Know

Artificial Intelligence (AI)
A machine-based system that can make decisions, predictions, or recommendations based on the information it receives.

Limits and Unknowns

  • The bill does not specify what happens if someone breaks these rules.
  • It is unclear how this will affect existing AI tools used by mental health professionals before the law was passed.
  • There are no details about enforcement or penalties for breaking the new rules.

Bill History

  1. 2026-03-13 House

    • Died in Health Professions & Programs Subcommittee

  2. 2026-01-13 House

    • 1st Reading (Original Filed Version)

  3. 2025-11-04 House

    • Referred to Health Professions & Programs Subcommittee • Referred to Information Technology Budget & Policy Subcommittee • Referred to Health & Human Services Committee • Now in Health Professions & Programs Subcommittee

  4. 2025-10-28 House

    • Filed

Official Summary Text

Use of Artificial Intelligence in Psychological, Clinical, Counseling, and Therapy Services; Prohibits use of artificial intelligence in practice of psychology, clinical social work, marriage & family therapy, & mental health counseling, respectively; defines "artificial intelligence"; provides exceptions.

Current Bill Text

Read the full stored bill text
HB 281 2026

CODING: Words stricken are deletions; words underlined are additions.
hb281-00
Page 1 of 3
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

A bill to be entitled 1
An act relating to the use of artificial intelligence 2
in psychological, clinical, counseling, and therapy 3
services; creating ss. 490.016 and 491.019, F.S.; 4
defining the term "artificial intelligence"; 5
prohibiting the use of artificial intelligence in the 6
practice of psychology, clinical social work, marriage 7
and family therapy, and mental health counseling; 8
providing exceptions; providing an effective date. 9
10
Be It Enacted by the Legislature of the State of Florida: 11
12
Section 1. Section 490.016, Florida Statutes, is created 13
to read: 14
490.016 Use of artificial intelligence.— 15
(1) As used in this section, the term "artificial 16
intelligence" means any machine-based system that varies in 17
level of autonomy and that, for any explicit or implicit 18
objective, infers from the inputs the system receives how to 19
generate outputs, including, but not limited to, content, 20
decisions, predictions, or recommendations that can influence 21
physical or virtual environments. 22
(2) Except as otherwise provided in this section, a 23
licensee may not use artificial intelligence in the practice of 24
psychology or school psychology. A licensee may use artificial 25

HB 281 2026

CODING: Words stricken are deletions; words underlined are additions.
hb281-00
Page 2 of 3
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

intelligence to: 26
(a) Assist in administrative or supplementary support 27
services. Administrative and supplementary support services 28
include, but are not limited to, all of the following: 29
1. Managing appointment scheduling and reminders. 30
2. Drafting general communications related to therapy 31
logistics that do not involve therapeutic advice. 32
3. Processing billing and insurance claims. 33
4. Preparing and managing patient records. 34
5. Analyzing data for operational purposes. 35
(b) Record or transcribe a counseling or therapy session 36
if a licensee obtains written, informed consent at least 24 37
hours before the provision of services. 38
Section 2. Section 491.019, Florida Statutes, is created 39
to read: 40
491.019 Use of artificial intelligence.— 41
(1) As used in this section, the term "artificial 42
intelligence" means any machine-based system that varies in 43
level of autonomy and that, for any explicit or implicit 44
objective, infers from the inputs the system receives how to 45
generate outputs, including, but not limited to, content, 46
decisions, predictions, or recommendations that can influence 47
physical or virtual environments. 48
(2) Except as otherwise provided in this section, a 49
licensee, registered intern, or certificateholder may not use 50

HB 281 2026

CODING: Words stricken are deletions; words underlined are additions.
hb281-00
Page 3 of 3
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

artificial intelligence in the practice of clinical social work, 51
marriage and family therapy, or mental health counseling. A 52
licensee, registered intern, or certificateholder may use 53
artificial intelligence to: 54
(a) Assist in administrative or supplementary support 55
services. Administrative and supplementary support services 56
include, but are not limited to, all of the following: 57
1. Managing appointment scheduling and reminders. 58
2. Drafting general communications related to therapy 59
logistics that do not involve therapeutic advice. 60
3. Processing billing and insurance claims. 61
4. Preparing and managing patient records. 62
5. Analyzing data for operational purposes. 63
(b) Record or transcribe a counseling or therapy session 64
if a licensee, registered intern, or certificateholder obtains 65
written, informed consent at least 24 hours before the provision 66
of services. 67
Section 3. This act shall take effect July 1, 2026. 68