Back to Florida

SB0344 • 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
Grall
Last action
2026-03-13
Official status
Senate - Died in Health Policy
Effective date
2026-07-01

Plain English Breakdown

The bill summary and text do not provide specific details on enforcement mechanisms for violations.

Use of AI in Mental Health Services

This law defines artificial intelligence and prohibits mental health professionals from using it to provide direct patient care but allows its use for administrative tasks.

What This Bill Does

  • Defines the term 'artificial intelligence' as any machine-based system that can generate outputs like content, decisions, predictions, or recommendations based on inputs received.
  • Prohibits mental health professionals such as psychologists, clinical social workers, marriage and family therapists, and mental health counselors from using AI to provide direct patient care.
  • Allows these professionals to use AI for administrative tasks including managing appointments, drafting general communications about therapy logistics that do not involve therapeutic advice, processing billing and insurance claims, preparing and managing patient records, and analyzing data for operational purposes.
  • Requires written consent at least 24 hours before recording or transcribing a counseling or therapy session with the help of AI.

Who It Names or Affects

  • Mental health professionals including psychologists, clinical social workers, marriage and family therapists, and mental health counselors.
  • Patients receiving psychological, clinical, counseling, and therapy services.

Terms To Know

Artificial Intelligence
A machine-based system that can generate outputs like content, decisions, predictions, or recommendations based on inputs received.

Limits and Unknowns

  • The law does not specify the consequences for violating the ban on using AI in direct patient care.
  • It is unclear how strictly this prohibition will be enforced.

Bill History

  1. 2026-03-13 Senate

    • Died in Health Policy

  2. 2026-01-13 Senate

    • Introduced

  3. 2025-11-17 Senate

    • Referred to Health Policy; Children, Families, and Elder Affairs; Rules

  4. 2025-11-04 Senate

    • Filed

Official Summary Text

Use of Artificial Intelligence in Psychological, Clinical, Counseling, and Therapy Services; Defining the term “artificial intelligence”; prohibiting the use of artificial intelligence in the practice of psychology, clinical social work, marriage and family therapy, and mental health counseling, etc.

Current Bill Text

Read the full stored bill text
Florida Senate
-
2026

SB 344

By
Senator Grall

29-00683-26 2026344__
1 A bill to be entitled
2 An act relating to the use of artificial intelligence
3 in psychological, clinical, counseling, and therapy
4 services; creating ss. 490.016 and 491.019, F.S.;
5 defining the term “artificial intelligence”;
6 prohibiting the use of artificial intelligence in the
7 practice of psychology, clinical social work, marriage
8 and family therapy, and mental health counseling;
9 providing exceptions; providing an effective date.
10
11 Be It Enacted by the Legislature of the State of Florida:
12
13 Section 1. Section 490.016, Florida Statutes, is created to
14 read:
15
490.016

Use of artificial intelligence.—

16
(1)

As used in this section, the term “artificial

17
intelligence” means any machine-based system that varies in

18
level of autonomy and that, for any explicit or implicit

19
objective, infers from the inputs the system receives how to

20
generate outputs, including, but not limited to, content,

21
decisions, predictions, or recommendations that can influence

22
physical or virtual environments.

23
(2)

Except as otherwise provided in this section, a

24
licensee may not use artificial intelligence in the practice of

25
psychology or school psychology. A licensee may use artificial

26
intelligence to:

27
(a)

Assist in administrative or supplementary support

28
services. Administrative and supplementary support services

29
include, but are not limited to, all of the following:

30
1.

Managing appointment scheduling and reminders.

31
2.

Drafting general communications related to therapy

32
logistics that do not involve therapeutic advice.

33
3.

Processing billing and insurance claims.

34
4.

Preparing and managing patient records.

35
5.

Analyzing data for operational purposes.

36
(b)

Record or transcribe a counseling or therapy session if

37
a licensee obtains written, informed consent at least 24 hours

38
before the provision of services.

39 Section 2. Section 491.019, Florida Statutes, is created to
40 read:
41
491.019

Use of artificial intelligence.—

42
(1)

As used in this section, the term “artificial

43
intelligence” means any machine-based system that varies in

44
level of autonomy and that, for any explicit or implicit

45
objective, infers from the inputs the system receives how to

46
generate outputs, including, but not limited to, content,

47
decisions, predictions, or recommendations that can influence

48
physical or virtual environments.

49
(2)

Except as otherwise provided in this section, a

50
licensee, registered intern, or certificateholder may not use

51
artificial intelligence in the practice of clinical social work,

52
marriage and family therapy, or mental health counseling. A

53
licensee, registered intern, or certificateholder may use

54
artificial intelligence to:

55
(a)

Assist in administrative or supplementary support

56
services. Administrative and supplementary support services

57
include, but are not limited to, all of the following:

58
1.

Managing appointment scheduling and reminders.

59
2.

Drafting general communications related to therapy

60
logistics that do not involve therapeutic advice.

61
3.

Processing billing and insurance claims.

62
4.

Preparing and managing patient records.

63
5.

Analyzing data for operational purposes.

64
(b)

Record or transcribe a counseling or therapy session if

65
a licensee, registered intern, or certificateholder obtains

66
written, informed consent at least 24 hours before the provision

67
of services.

68 Section 3. This act shall take effect July 1, 2026.