An Act to Regulate the Use of Artificial Intelligence in Providing Certain Mental Health Services

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STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-SIX
_____
H.P. 1397 - L.D. 2082
An Act to Regulate the Use of Artificial Intelligence in Providing Certain
Mental Health Services
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 10 MRSA §1500-EE is enacted to read:
§1500-EE. Use of artificial intelligence in therapy or psychotherapy services
prohibited unless provided by licensed professional
1. Definitions. As used in this section, unless the context otherwise indicates, the
following terms have the following meanings.
A. "Artificial intelligence" means a machine-based system that, for explicit or implicit
objectives, infers, from the input it receives, how to generate outputs, such as
predictions, content, recommendations or decisions, that can influence physical or
virtual environments.
B. "Licensed professional" means an individual who holds a valid license or certificate
issued in this State to practice psychotherapy or behavioral health therapy, including:
(1) An individual licensed pursuant to Title 32, chapter 56;
(2) An individual licensed pursuant to Title 32, chapter 83;
(3) An individual licensed pursuant to Title 32, chapter 119;
(4) An individual licensed or certified pursuant to Title 32, chapter 81 and
authorized to provide therapy or psychotherapy services;
(5) An individual licensed pursuant to Title 32, chapter 31; and
(6) A physician or physician associate licensed under Title 32, chapter 36 or 48,
who specializes in the diagnosis and treatment of mental disorders.
C. "Therapeutic communication" means any verbal, nonverbal or written interaction,
conducted in a clinical or professional setting, that is intended to diagnose, treat or
address an individual's mental, emotional or behavioral health concerns. "Therapeutic
communication" includes, but is not limited to:
APPROVED
APRIL 13, 2026
BY GOVERNOR
CHAPTER
687
PUBLIC LAW
Page 2 - 132LR2838(03)
(1) Direct interactions with individuals for the purpose of understanding their
thoughts, emotions or experiences;
(2) Providing guidance, therapeutic strategies or interventions designed to achieve
mental health outcomes;
(3) Offering emotional support, reassurance or empathy in response to
psychological or emotional distress;
(4) Collaborating with individuals to develop or modify therapeutic goals or
treatment plans; and
(5) Offering behavioral feedback intended to promote psychological growth or
address mental health conditions.
D. "Therapy or psychotherapy services" means services provided to diagnose, treat or
address an individual's mental health or behavioral health through therapeutic
communication.
2. Offering therapy or psychotherapy services through use of Internet-based
artificial intelligence or otherwise prohibited unless person licensed. A person may not
provide, advertise or otherwise offer therapy or psychotherapy services, including through
the use of Internet-based artificial intelligence, to the public unless the therapy or
psychotherapy services are provided by a licensed professional.
3. Violation. A violation of subsection 2 is a violation of the Maine Unfair Trade
Practices Act.
4. Exceptions. This section does not apply to an artificial intelligence-based
intervention that is used solely within a research project approved by an institutional review
board, as defined in Title 22, section 1711-C, subsection 6, paragraph G, and conducted in
compliance with all applicable federal protections for human subjects in research.
Sec. 2. 32 MRSA §2113 is enacted to read:
§2113. Use of artificial intelligence to assist in providing administrative support and
supplementary support in therapy or psychotherapy services
1. Definitions. As used in this section, unless the context otherwise indicates, the
following terms have the following meanings.
A. "Administrative support" means tasks performed to assist a licensed professional
in the delivery of therapy or psychotherapy services that do not involve therapeutic
communication. "Administrative support" includes, but is not limited to:
(1) Managing appointment scheduling and reminders;
(2) Processing billing and insurance claims; and
(3) Drafting general communications related to the logistics of delivering therapy
or psychotherapy services that do not include therapeutic communication.
B. "Artificial intelligence" means a machine-based system that, for explicit or implicit
objectives, infers, from the input it receives, how to generate outputs, such as
predictions, content, recommendations or decisions, that can influence physical or
virtual environments.
Page 3 - 132LR2838(03)
C. "Consent" means a clear, explicit and affirmative act by an individual that:
unambiguously communicates the individual's express, informed, voluntary, specific
and unambiguous written agreement, including a written agreement provided by
electronic means or provided by initialing a specific section of an individual's general
consent to treatment agreement; and is revocable by the individual.
"Consent" does not include an agreement that is obtained by:
(1) The acceptance of a general or broad terms-of-use agreement or a similar
document that contains descriptions of artificial intelligence along with unrelated
information;
(2) An individual's hovering over, muting, pausing or closing a given piece of
electronic content; or
(3) An agreement obtained through the use of deceptive actions.
D. "Supplementary support" means tasks performed to assist a licensed professional
in the delivery of therapy or psychotherapy services that do not involve therapeutic
communication and that are not administrative support. "Supplementary support"
includes, but is not limited to:
(1) Preparing and maintaining client records, including therapy notes;
(2) Analyzing anonymized data to track client progress or identify trends, subject
to review by a licensed professional; and
(3) Identifying and organizing external resources or referrals for client use.
E. "Therapeutic communication" means any verbal, nonverbal or written interaction,
conducted in a clinical or professional setting, that is intended to diagnose, treat or
address an individual's mental, emotional or behavioral health concerns. "Therapeutic
communication" includes, but is not limited to:
(1) Direct interactions with individuals for the purpose of understanding their
thoughts, emotions or experiences;
(2) Providing guidance, therapeutic strategies or interventions designed to achieve
mental health outcomes;
(3) Offering emotional support, reassurance or empathy in response to
psychological or emotional distress;
(4) Collaborating with individuals to develop or modify therapeutic goals or
treatment plans; and
(5) Offering behavioral feedback intended to promote psychological growth or
address mental health conditions.
F. "Therapy or psychotherapy services" means services provided to diagnose, treat or
address an individual's mental health or behavioral health through therapeutic
communication.
2. Permitted use of artificial intelligence. A person licensed under this chapter,
referred to in this section as "the licensee," may provide administrative support or
supplementary support in the delivery of therapy or psychotherapy services through the use
of artificial intelligence as long as the licensee acts within the scope of practice of the
Page 4 - 132LR2838(03)
licensee's license, in accordance with any requirements and restrictions imposed by this
chapter and in accordance with standards of practice, and only if:
A. The licensee maintains full responsibility for all interactions, outputs and data use
associated with the use of artificial intelligence; and
B. For the use of artificial intelligence to assist in providing supplementary support,
the licensee satisfies the requirements of subsection 3.
3. Requirements of use; supplementary support. A licensee may use artificial
intelligence to assist in providing supplementary support in therapy or psychotherapy
services only when the client's therapeutic session is recorded or transcribed, and only if:
A. The client or the client's legally authorized representative is informed in writing of
the following:
(1) That artificial intelligence will be used;
(2) The specific purpose of the artificial intelligence tool or system that will be
used; and
(3) How session data collected by artificial intelligence will be stored, retained,
used for training and deleted upon termination of therapy or psychotherapy
services; and
B. The client or the client's legally authorized representative provides consent to the
use of artificial intelligence.
4. Prohibition of use. A licensee may use artificial intelligence to provide
supplementary support only to the extent the use meets the requirements of subsection 3.
A licensee may not allow artificial intelligence to:
A. Make independent therapeutic decisions;
B. Directly interact with clients in any form of therapeutic communication; or
C. Generate therapeutic recommendations or treatment plans without review and
approval by the licensee.
5. Denial of treatment prohibited; failure to provide consent. A licensee may not
deny, or refuse to provide, therapy or psychotherapy services to a client on the sole basis
that the client has not provided consent to the use of artificial intelligence to assist in
providing supplementary support in therapy or psychotherapy services.
6. Confidentiality. When using artificial intelligence pursuant to this section, a
licensee shall comply with all state and federal confidentiality and privacy laws and shall
ensure that any artificial intelligence technology is compliant with all state and federal
confidentiality and privacy laws.
7. Professional responsibility. All laws and rules governing professional
responsibility, unprofessional conduct and generally accepted standards of practice that
apply to a licensee also apply to that licensee when using artificial intelligence pursuant to
this section.
8. Violation. A violation of this section is subject to disciplinary action by the board
pursuant to Title 10, section 8003, subsection 5.
Page 5 - 132LR2838(03)
9. Exception. This section does not apply to an artificial intelligence-based
intervention that is used solely within a research project approved by an institutional review
board, as defined in Title 22, section 1711-C, subsection 6, paragraph G, and conducted in
compliance with all applicable federal protections for human subjects in research.
10. Rules. The board shall adopt rules to implement the requirements of this section.
Rules adopted pursuant to this subsection are major substantive rules as described in Title
5, chapter 375, subchapter 2-A.
11. Client waiver void and unenforceable. Any waiver by a client of the provisions
of this section is contrary to public policy and is void and unenforceable.
12. Right to civil action. This section may not be construed to prohibit a client or a
client's authorized representative from:
A. Maintaining an action for harm caused to a client that is attributable to the use of
artificial intelligence to assist in providing administrative support or supplementary
support in the delivery of therapy or psychotherapy services;
B. Maintaining an action alleging professional negligence of a licensee; or
C. Seeking any other remedies available under other provisions of law.
Sec. 3. 32 MRSA §2600-G is enacted to read:
§2600-G. Use of artificial intelligence to assist in providing administrative support
and supplementary support in therapy or psychotherapy services
1. Definitions. As used in this section, unless the context otherwise indicates, the
following terms have the following meanings.
A. "Administrative support" means tasks performed to assist a licensed professional
in the delivery of therapy or psychotherapy services that do not involve therapeutic
communication. "Administrative support" includes, but is not limited to:
(1) Managing appointment scheduling and reminders;
(2) Processing billing and insurance claims; and
(3) Drafting general communications related to the logistics of delivering therapy
or psychotherapy services that do not include therapeutic communication.
B. "Artificial intelligence" means a machine-based system that, for explicit or implicit
objectives, infers, from the input it receives, how to generate outputs, such as
predictions, content, recommendations or decisions, that can influence physical or
virtual environments.
C. "Consent" means a clear, explicit and affirmative act by an individual that:
unambiguously communicates the individual's express, informed, voluntary, specific
and unambiguous written agreement, including a written agreement provided by
electronic means or provided by initialing a specific section of an individual's general
consent to treatment agreement; and is revocable by the individual.
"Consent" does not include an agreement that is obtained by:
(1) The acceptance of a general or broad terms-of-use agreement or a similar
document that contains descriptions of artificial intelligence along with unrelated
information;
Page 6 - 132LR2838(03)
(2) An individual's hovering over, muting, pausing or closing a given piece of
electronic content; or
(3) An agreement obtained through the use of deceptive actions.
D. "Supplementary support" means tasks performed to assist a licensed professional
in the delivery of therapy or psychotherapy services that do not involve therapeutic
communication and that are not administrative support. "Supplementary support"
includes, but is not limited to:
(1) Preparing and maintaining client records, including therapy notes;
(2) Analyzing anonymized data to track client progress or identify trends, subject
to review by a licensed professional; and
(3) Identifying and organizing external resources or referrals for client use.
E. "Therapeutic communication" means any verbal, nonverbal or written interaction,
conducted in a clinical or professional setting, that is intended to diagnose, treat or
address an individual's mental, emotional or behavioral health concerns. "Therapeutic
communication" includes, but is not limited to:
(1) Direct interactions with individuals for the purpose of understanding their
thoughts, emotions or experiences;
(2) Providing guidance, therapeutic strategies or interventions designed to achieve
mental health outcomes;
(3) Offering emotional support, reassurance or empathy in response to
psychological or emotional distress;
(4) Collaborating with individuals to develop or modify therapeutic goals or
treatment plans; and
(5) Offering behavioral feedback intended to promote psychological growth or
address mental health conditions.
F. "Therapy or psychotherapy services" means services provided to diagnose, treat or
address an individual's mental health or behavioral health through therapeutic
communication.
2. Permitted use of artificial intelligence. A person licensed or privileged to practice
under this chapter, chapter 145 or chapter 145-A, referred to in this section as "the
licensee," may provide administrative support or supplementary support in the delivery of
therapy or psychotherapy services through the use of artificial intelligence as long as the
licensee acts within the scope of practice of the licensee's license, in accordance with any
requirements and restrictions imposed by this chapter and in accordance with standards of
practice, and only if:
A. The licensee maintains full responsibility for all interactions, outputs and data use
associated with the use of artificial intelligence; and
B. For the use of artificial intelligence to assist in providing supplementary support,
the licensee satisfies the requirements of subsection 3.
Page 7 - 132LR2838(03)
3. Requirements of use; supplementary support. A licensee may use artificial
intelligence to assist in providing supplementary support in therapy or psychotherapy
services only when the client's therapeutic session is recorded or transcribed, and only if:
A. The client or the client's legally authorized representative is informed in writing of
the following:
(1) That artificial intelligence will be used;
(2) The specific purpose of the artificial intelligence tool or system that will be
used; and
(3) How session data collected by artificial intelligence will be stored, retained,
used for training and deleted upon termination of therapy or psychotherapy
services; and
B. The client or the client's legally authorized representative provides consent to the
use of artificial intelligence.
4. Prohibition of use. A licensee may use artificial intelligence to provide
supplementary support only to the extent the use meets the requirements of subsection 3.
A licensee may not allow artificial intelligence to:
A. Make independent therapeutic decisions;
B. Directly interact with clients in any form of therapeutic communication; or
C. Generate therapeutic recommendations or treatment plans without review and
approval by the licensee.
5. Denial of treatment prohibited; failure to provide consent. A licensee may not
deny, or refuse to provide, therapy or psychotherapy services to a client on the sole basis
that the client has not provided consent to the use of artificial intelligence to assist in
providing supplementary support in therapy or psychotherapy services.
6. Confidentiality. When using artificial intelligence pursuant to this section, a
licensee shall comply with all state and federal confidentiality and privacy laws and shall
ensure that any artificial intelligence technology is compliant with all state and federal
confidentiality and privacy laws.
7. Professional responsibility. All laws and rules governing professional
responsibility, unprofessional conduct and generally accepted standards of practice that
apply to a licensee also apply to that licensee when using artificial intelligence pursuant to
this section.
8. Violation. A violation of this section is subject to disciplinary action by the board
pursuant to Title 10, section 8003, subsection 5.
9. Exception. This section does not apply to an artificial intelligence-based
intervention that is used solely within a research project approved by an institutional review
board, as defined in Title 22, section 1711-C, subsection 6, paragraph G, and conducted in
compliance with all applicable federal protections for human subjects in research.
10. Rules. The board shall adopt rules to implement the requirements of this section.
Rules adopted pursuant to this subsection are major substantive rules as described in Title
5, chapter 375, subchapter 2-A.
Page 8 - 132LR2838(03)
11. Client waiver void and unenforceable. Any waiver by a client of the provisions
of this section is contrary to public policy and is void and unenforceable.
12. Right to civil action. This section may not be construed to prohibit a client or a
client's authorized representative from:
A. Maintaining an action for harm caused to a client that is attributable to the use of
artificial intelligence to assist in providing administrative support or supplementary
support in the delivery of therapy or psychotherapy services;
B. Maintaining an action alleging professional negligence of a licensee; or
C. Seeking any other remedies available under other provisions of law.
Sec. 4. 32 MRSA §3300-J is enacted to read:
§3300-J. Use of artificial intelligence to assist in providing administrative support
and supplementary support in therapy or psychotherapy services
1. Definitions. As used in this section, unless the context otherwise indicates, the
following terms have the following meanings.
A. "Administrative support" means tasks performed to assist a licensed professional
in the delivery of therapy or psychotherapy services that do not involve therapeutic
communication. "Administrative support" includes, but is not limited to:
(1) Managing appointment scheduling and reminders;
(2) Processing billing and insurance claims; and
(3) Drafting general communications related to the logistics of delivering therapy
or psychotherapy services that do not include therapeutic communication.
B. "Artificial intelligence" means a machine-based system that, for explicit or implicit
objectives, infers, from the input it receives, how to generate outputs, such as
predictions, content, recommendations or decisions, that can influence physical or
virtual environments.
C. "Consent" means a clear, explicit and affirmative act by an individual that:
unambiguously communicates the individual's express, informed, voluntary, specific
and unambiguous written agreement, including a written agreement provided by
electronic means or provided by initialing a specific section of an individual's general
consent to treatment agreement; and is revocable by the individual.
"Consent" does not include an agreement that is obtained by:
(1) The acceptance of a general or broad terms-of-use agreement or a similar
document that contains descriptions of artificial intelligence along with unrelated
information;
(2) An individual's hovering over, muting, pausing or closing a given piece of
electronic content; or
(3) An agreement obtained through the use of deceptive actions.
D. "Supplementary support" means tasks performed to assist a licensed professional
in the delivery of therapy or psychotherapy services that do not involve therapeutic
Page 9 - 132LR2838(03)
communication and that are not administrative support. "Supplementary support"
includes, but is not limited to:
(1) Preparing and maintaining client records, including therapy notes;
(2) Analyzing anonymized data to track client progress or identify trends, subject
to review by a licensed professional; and
(3) Identifying and organizing external resources or referrals for client use.
E. "Therapeutic communication" means any verbal, nonverbal or written interaction,
conducted in a clinical or professional setting, that is intended to diagnose, treat or
address an individual's mental, emotional or behavioral health concerns. "Therapeutic
communication" includes, but is not limited to:
(1) Direct interactions with individuals for the purpose of understanding their
thoughts, emotions or experiences;
(2) Providing guidance, therapeutic strategies or interventions designed to achieve
mental health outcomes;
(3) Offering emotional support, reassurance or empathy in response to
psychological or emotional distress;
(4) Collaborating with individuals to develop or modify therapeutic goals or
treatment plans; and
(5) Offering behavioral feedback intended to promote psychological growth or
address mental health conditions.
F. "Therapy or psychotherapy services" means services provided to diagnose, treat or
address an individual's mental health or behavioral health through therapeutic
communication.
2. Permitted use of artificial intelligence. A person licensed or privileged to practice
under this chapter, chapter 145 or chapter 145-A, referred to in this section as "the
licensee," may provide administrative support or supplementary support in the delivery of
therapy or psychotherapy services through the use of artificial intelligence as long as the
licensee acts within the scope of practice of the licensee's license, in accordance with any
requirements and restrictions imposed by this chapter and in accordance with standards of
practice, and only if:
A. The licensee maintains full responsibility for all interactions, outputs and data use
associated with the use of artificial intelligence; and
B. For the use of artificial intelligence to assist in providing supplementary support,
the licensee satisfies the requirements of subsection 3.
3. Requirements of use; supplementary support. A licensee may use artificial
intelligence to assist in providing supplementary support in therapy or psychotherapy
services only when the client's therapeutic session is recorded or transcribed, and only if:
A. The client or the client's legally authorized representative is informed in writing of
the following:
(1) That artificial intelligence will be used;
Page 10 - 132LR2838(03)
(2) The specific purpose of the artificial intelligence tool or system that will be
used; and
(3) How session data collected by artificial intelligence will be stored, retained,
used for training and deleted upon termination of therapy or psychotherapy
services; and
B. The client or the client's legally authorized representative provides consent to the
use of artificial intelligence.
4. Prohibition of use. A licensee may use artificial intelligence to provide
supplementary support only to the extent the use meets the requirements of subsection 3.
A licensee may not allow artificial intelligence to:
A. Make independent therapeutic decisions;
B. Directly interact with clients in any form of therapeutic communication; or
C. Generate therapeutic recommendations or treatment plans without review and
approval by the licensee.
5. Denial of treatment prohibited; failure to provide consent. A licensee may not
deny, or refuse to provide, therapy or psychotherapy services to a client on the sole basis
that the client has not provided consent to the use of artificial intelligence to assist in
providing supplementary support in therapy or psychotherapy services.
6. Confidentiality. When using artificial intelligence pursuant to this section, a
licensee shall comply with all state and federal confidentiality and privacy laws and shall
ensure that any artificial intelligence technology is compliant with all state and federal
confidentiality and privacy laws.
7. Professional responsibility. All laws and rules governing professional
responsibility, unprofessional conduct and generally accepted standards of practice that
apply to a licensee also apply to that licensee when using artificial intelligence pursuant to
this section.
8. Violation. A violation of this section is subject to disciplinary action by the board
pursuant to Title 10, section 8003, subsection 5.
9. Exception. This section does not apply to an artificial intelligence-based
intervention that is used solely within a research project approved by an institutional review
board, as defined in Title 22, section 1711-C, subsection 6, paragraph G, and conducted in
compliance with all applicable federal protections for human subjects in research.
10. Rules. The board shall adopt rules to implement the requirements of this section.
Rules adopted pursuant to this subsection are major substantive rules as described in Title
5, chapter 375, subchapter 2-A.
11. Client waiver void and unenforceable. Any waiver by a client of the provisions
of this section is contrary to public policy and is void and unenforceable.
12. Right to civil action. This section may not be construed to prohibit a client or a
client's authorized representative from:
A. Maintaining an action for harm caused to a client that is attributable to the use of
artificial intelligence to assist in providing administrative support or supplementary
support in the delivery of therapy or psychotherapy services;
Page 11 - 132LR2838(03)
B. Maintaining an action alleging professional negligence of a licensee; or
C. Seeking any other remedies available under other provisions of law.
Sec. 5. 32 MRSA §3820-A is enacted to read:
§3820-A. Use of artificial intelligence to assist in providing administrative support
and supplementary support in therapy or psychotherapy services
1. Definitions. As used in this section, unless the context otherwise indicates, the
following terms have the following meanings.
A. "Administrative support" means tasks performed to assist a licensed professional
in the delivery of therapy or psychotherapy services that do not involve therapeutic
communication. "Administrative support" includes, but is not limited to:
(1) Managing appointment scheduling and reminders;
(2) Processing billing and insurance claims; and
(3) Drafting general communications related to the logistics of delivering therapy
or psychotherapy services that do not include therapeutic communication.
B. "Artificial intelligence" means a machine-based system that, for explicit or implicit
objectives, infers, from the input it receives, how to generate outputs, such as
predictions, content, recommendations or decisions, that can influence physical or
virtual environments.
C. "Consent" means a clear, explicit and affirmative act by an individual that:
unambiguously communicates the individual's express, informed, voluntary, specific
and unambiguous written agreement, including a written agreement provided by
electronic means or provided by initialing a specific section of an individual's general
consent to treatment agreement; and is revocable by the individual.
"Consent" does not include an agreement that is obtained by:
(1) The acceptance of a general or broad terms-of-use agreement or a similar
document that contains descriptions of artificial intelligence along with unrelated
information;
(2) An individual's hovering over, muting, pausing or closing a given piece of
electronic content; or
(3) An agreement obtained through the use of deceptive actions.
D. "Supplementary support" means tasks performed to assist a licensed professional
in the delivery of therapy or psychotherapy services that do not involve therapeutic
communication and that are not administrative support. "Supplementary support"
includes, but is not limited to:
(1) Preparing and maintaining client records, including therapy notes;
(2) Analyzing anonymized data to track client progress or identify trends, subject
to review by a licensed professional; and
(3) Identifying and organizing external resources or referrals for client use.
E. "Therapeutic communication" means any verbal, nonverbal or written interaction,
conducted in a clinical or professional setting, that is intended to diagnose, treat or
Page 12 - 132LR2838(03)
address an individual's mental, emotional or behavioral health concerns. "Therapeutic
communication" includes, but is not limited to:
(1) Direct interactions with individuals for the purpose of understanding their
thoughts, emotions or experiences;
(2) Providing guidance, therapeutic strategies or interventions designed to achieve
mental health outcomes;
(3) Offering emotional support, reassurance or empathy in response to
psychological or emotional distress;
(4) Collaborating with individuals to develop or modify therapeutic goals or
treatment plans; and
(5) Offering behavioral feedback intended to promote psychological growth or
address mental health conditions.
F. "Therapy or psychotherapy services" means services provided to diagnose, treat or
address an individual's mental health or behavioral health through therapeutic
communication.
2. Permitted use of artificial intelligence. A person licensed or privileged to practice
under this chapter, referred to in this section as "the licensee," may provide administrative
support or supplementary support in the delivery of therapy or psychotherapy services
through the use of artificial intelligence as long as the licensee acts within the scope of
practice of the licensee's license, in accordance with any requirements and restrictions
imposed by this chapter and in accordance with standards of practice, and only if:
A. The licensee maintains full responsibility for all interactions, outputs and data use
associated with the use of artificial intelligence; and
B. For the use of artificial intelligence to assist in providing supplementary support,
the licensee satisfies the requirements of subsection 3.
3. Requirements of use; supplementary support. A licensee may use artificial
intelligence to assist in providing supplementary support in therapy or psychotherapy
services only when the client's therapeutic session is recorded or transcribed, and only if:
A. The client or the client's legally authorized representative is informed in writing of
the following:
(1) That artificial intelligence will be used;
(2) The specific purpose of the artificial intelligence tool or system that will be
used; and
(3) How session data collected by artificial intelligence will be stored, retained,
used for training and deleted upon termination of therapy or psychotherapy
services; and
B. The client or the client's legally authorized representative provides consent to the
use of artificial intelligence.
4. Prohibition of use. A licensee may use artificial intelligence to provide
supplementary support only to the extent the use meets the requirements of subsection 3.
A licensee may not allow artificial intelligence to:
Page 13 - 132LR2838(03)
A. Make independent therapeutic decisions;
B. Directly interact with clients in any form of therapeutic communication; or
C. Generate therapeutic recommendations or treatment plans without review and
approval by the licensee.
5. Denial of treatment prohibited; failure to provide consent. A licensee may not
deny, or refuse to provide, therapy or psychotherapy services to a client on the sole basis
that the client has not provided consent to the use of artificial intelligence to assist in
providing supplementary support in therapy or psychotherapy services.
6. Confidentiality. When using artificial intelligence pursuant to this section, a
licensee shall comply with all state and federal confidentiality and privacy laws and shall
ensure that any artificial intelligence technology is compliant with all state and federal
confidentiality and privacy laws.
7. Professional responsibility. All laws and rules governing professional
responsibility, unprofessional conduct and generally accepted standards of practice that
apply to a licensee also apply to that licensee when using artificial intelligence pursuant to
this section.
8. Violation. A violation of this section is subject to disciplinary action by the board
pursuant to Title 10, section 8003, subsection 5.
9. Exception. This section does not apply to an artificial intelligence-based
intervention that is used solely within a research project approved by an institutional review
board, as defined in Title 22, section 1711-C, subsection 6, paragraph G, and conducted in
compliance with all applicable federal protections for human subjects in research.
10. Rules. The board shall adopt rules to implement the requirements of this section.
Rules adopted pursuant to this subsection are major substantive rules as described in Title
5, chapter 375, subchapter 2-A.
11. Client waiver void and unenforceable. Any waiver by a client of the provisions
of this section is contrary to public policy and is void and unenforceable.
12. Right to civil action. This section may not be construed to prohibit a client or a
client's authorized representative from:
A. Maintaining an action for harm caused to a client that is attributable to the use of
artificial intelligence to assist in providing administrative support or supplementary
support in the delivery of therapy or psychotherapy services;
B. Maintaining an action alleging professional negligence of a licensee; or
C. Seeking any other remedies available under other provisions of law.
Sec. 6. 32 MRSA §6207-D is enacted to read:
§6207-D. Use of artificial intelligence to assist in providing administrative support
and supplementary support in therapy or psychotherapy services
1. Definitions. As used in this section, unless the context otherwise indicates, the
following terms have the following meanings.
Page 14 - 132LR2838(03)
A. "Administrative support" means tasks performed to assist a licensed professional
in the delivery of therapy or psychotherapy services that do not involve therapeutic
communication. "Administrative support" includes, but is not limited to:
(1) Managing appointment scheduling and reminders;
(2) Processing billing and insurance claims; and
(3) Drafting general communications related to the logistics of delivering therapy
or psychotherapy services that do not include therapeutic communication.
B. "Artificial intelligence" means a machine-based system that, for explicit or implicit
objectives, infers, from the input it receives, how to generate outputs, such as
predictions, content, recommendations or decisions, that can influence physical or
virtual environments.
C. "Consent" means a clear, explicit and affirmative act by an individual that:
unambiguously communicates the individual's express, informed, voluntary, specific
and unambiguous written agreement, including a written agreement provided by
electronic means or provided by initialing a specific section of an individual's general
consent to treatment agreement; and is revocable by the individual.
"Consent" does not include an agreement that is obtained by:
(1) The acceptance of a general or broad terms-of-use agreement or a similar
document that contains descriptions of artificial intelligence along with unrelated
information;
(2) An individual's hovering over, muting, pausing or closing a given piece of
electronic content; or
(3) An agreement obtained through the use of deceptive actions.
D. "Supplementary support" means tasks performed to assist a licensed professional
in the delivery of therapy or psychotherapy services that do not involve therapeutic
communication and that are not administrative support. "Supplementary support"
includes, but is not limited to:
(1) Preparing and maintaining client records, including therapy notes;
(2) Analyzing anonymized data to track client progress or identify trends, subject
to review by a licensed professional; and
(3) Identifying and organizing external resources or referrals for client use.
E. "Therapeutic communication" means any verbal, nonverbal or written interaction,
conducted in a clinical or professional setting, that is intended to diagnose, treat or
address an individual's mental, emotional or behavioral health concerns. "Therapeutic
communication" includes, but is not limited to:
(1) Direct interactions with individuals for the purpose of understanding their
thoughts, emotions or experiences;
(2) Providing guidance, therapeutic strategies or interventions designed to achieve
mental health outcomes;
(3) Offering emotional support, reassurance or empathy in response to
psychological or emotional distress;
Page 15 - 132LR2838(03)
(4) Collaborating with individuals to develop or modify therapeutic goals or
treatment plans; and
(5) Offering behavioral feedback intended to promote psychological growth or
address mental health conditions.
F. "Therapy or psychotherapy services" means services provided to diagnose, treat or
address an individual's mental health or behavioral health through therapeutic
communication.
2. Permitted use of artificial intelligence. A person licensed under this chapter,
referred to in this section as "the licensee," may provide administrative support or
supplementary support in the delivery of therapy or psychotherapy services through the use
of artificial intelligence as long as the licensee acts within the scope of practice of the
licensee's license, in accordance with any requirements and restrictions imposed by this
chapter and in accordance with standards of practice, and only if:
A. The licensee maintains full responsibility for all interactions, outputs and data use
associated with the use of artificial intelligence; and
B. For the use of artificial intelligence to assist in providing supplementary support,
the licensee satisfies the requirements of subsection 3.
3. Requirements of use; supplementary support. A licensee may use artificial
intelligence to assist in providing supplementary support in therapy or psychotherapy
services only when the client's therapeutic session is recorded or transcribed, and only if:
A. The client or the client's legally authorized representative is informed in writing of
the following:
(1) That artificial intelligence will be used;
(2) The specific purpose of the artificial intelligence tool or system that will be
used; and
(3) How session data collected by artificial intelligence will be stored, retained,
used for training and deleted upon termination of therapy or psychotherapy
services; and
B. The client or the client's legally authorized representative provides consent to the
use of artificial intelligence.
4. Prohibition of use. A licensee may use artificial intelligence to provide
supplementary support only to the extent the use meets the requirements of subsection 3.
A licensee may not allow artificial intelligence to:
A. Make independent therapeutic decisions;
B. Directly interact with clients in any form of therapeutic communication; or
C. Generate therapeutic recommendations or treatment plans without review and
approval by the licensee.
5. Denial of treatment prohibited; failure to provide consent. A licensee may not
deny, or refuse to provide, therapy or psychotherapy services to a client on the sole basis
that the client has not provided consent to the use of artificial intelligence to assist in
providing supplementary support in therapy or psychotherapy services.
Page 16 - 132LR2838(03)
6. Confidentiality. When using artificial intelligence pursuant to this section, a
licensee shall comply with all state and federal confidentiality and privacy laws and shall
ensure that any artificial intelligence technology is compliant with all state and federal
confidentiality and privacy laws.
7. Professional responsibility. All laws and rules governing professional
responsibility, unprofessional conduct and generally accepted standards of practice that
apply to a licensee also apply to that licensee when using artificial intelligence pursuant to
this section.
8. Violation. A violation of this section is subject to disciplinary action by the board
pursuant to Title 10, section 8003, subsection 5.
9. Exception. This section does not apply to an artificial intelligence-based
intervention that is used solely within a research project approved by an institutional review
board, as defined in Title 22, section 1711-C, subsection 6, paragraph G, and conducted in
compliance with all applicable federal protections for human subjects in research.
10. Rules. The board shall adopt rules to implement the requirements of this section.
Rules adopted pursuant to this subsection are major substantive rules as described in Title
5, chapter 375, subchapter 2-A.
11. Client waiver void and unenforceable. Any waiver by a client of the provisions
of this section is contrary to public policy and is void and unenforceable.
12. Right to civil action. This section may not be construed to prohibit a client or a
client's authorized representative from:
A. Maintaining an action for harm caused to a client that is attributable to the use of
artificial intelligence to assist in providing administrative support or supplementary
support in the delivery of therapy or psychotherapy services;
B. Maintaining an action alleging professional negligence of a licensee; or
C. Seeking any other remedies available under other provisions of law.
Sec. 7. 32 MRSA §7009 is enacted to read:
§7009. Use of artificial intelligence to assist in providing administrative support and
supplementary support in therapy or psychotherapy services
1. Definitions. As used in this section, unless the context otherwise indicates, the
following terms have the following meanings.
A. "Administrative support" means tasks performed to assist a licensed professional
in the delivery of therapy or psychotherapy services that do not involve therapeutic
communication. "Administrative support" includes, but is not limited to:
(1) Managing appointment scheduling and reminders;
(2) Processing billing and insurance claims; and
(3) Drafting general communications related to the logistics of delivering therapy
or psychotherapy services that do not include therapeutic communication.
B. "Artificial intelligence" means a machine-based system that, for explicit or implicit
objectives, infers, from the input it receives, how to generate outputs, such as
Page 17 - 132LR2838(03)
predictions, content, recommendations or decisions, that can influence physical or
virtual environments.
C. "Consent" means a clear, explicit and affirmative act by an individual that:
unambiguously communicates the individual's express, informed, voluntary, specific
and unambiguous written agreement, including a written agreement provided by
electronic means or provided by initialing a specific section of an individual's general
consent to treatment agreement; and is revocable by the individual.
"Consent" does not include an agreement that is obtained by:
(1) The acceptance of a general or broad terms-of-use agreement or a similar
document that contains descriptions of artificial intelligence along with unrelated
information;
(2) An individual's hovering over, muting, pausing or closing a given piece of
electronic content; or
(3) An agreement obtained through the use of deceptive actions.
D. "Supplementary support" means tasks performed to assist a licensed professional
in the delivery of therapy or psychotherapy services that do not involve therapeutic
communication and that are not administrative support. "Supplementary support"
includes, but is not limited to:
(1) Preparing and maintaining client records, including therapy notes;
(2) Analyzing anonymized data to track client progress or identify trends, subject
to review by a licensed professional; and
(3) Identifying and organizing external resources or referrals for client use.
E. "Therapeutic communication" means any verbal, nonverbal or written interaction,
conducted in a clinical or professional setting, that is intended to diagnose, treat or
address an individual's mental, emotional or behavioral health concerns. "Therapeutic
communication" includes, but is not limited to:
(1) Direct interactions with individuals for the purpose of understanding their
thoughts, emotions or experiences;
(2) Providing guidance, therapeutic strategies or interventions designed to achieve
mental health outcomes;
(3) Offering emotional support, reassurance or empathy in response to
psychological or emotional distress;
(4) Collaborating with individuals to develop or modify therapeutic goals or
treatment plans; and
(5) Offering behavioral feedback intended to promote psychological growth or
address mental health conditions.
F. "Therapy or psychotherapy services" means services provided to diagnose, treat or
address an individual's mental health or behavioral health through therapeutic
communication.
2. Permitted use of artificial intelligence. A person licensed under this chapter,
referred to in this section as "the licensee," may provide administrative support or
Page 18 - 132LR2838(03)
supplementary support in the delivery of therapy or psychotherapy services through the use
of artificial intelligence as long as the licensee acts within the scope of practice of the
licensee's license, in accordance with any requirements and restrictions imposed by this
chapter and in accordance with standards of practice, and only if:
A. The licensee maintains full responsibility for all interactions, outputs and data use
associated with the use of artificial intelligence; and
B. For the use of artificial intelligence to assist in providing supplementary support,
the licensee satisfies the requirements of subsection 3.
3. Requirements of use; supplementary support. A licensee may use artificial
intelligence to assist in providing supplementary support in therapy or psychotherapy
services only when the client's therapeutic session is recorded or transcribed, and only if:
A. The client or the client's legally authorized representative is informed in writing of
the following:
(1) That artificial intelligence will be used;
(2) The specific purpose of the artificial intelligence tool or system that will be
used; and
(3) How session data collected by artificial intelligence will be stored, retained,
used for training and deleted upon termination of therapy or psychotherapy
services; and
B. The client or the client's legally authorized representative provides consent to the
use of artificial intelligence.
4. Prohibition of use. A licensee may use artificial intelligence to provide
supplementary support only to the extent the use meets the requirements of subsection 3.
A licensee may not allow artificial intelligence to:
A. Make independent therapeutic decisions;
B. Directly interact with clients in any form of therapeutic communication; or
C. Generate therapeutic recommendations or treatment plans without review and
approval by the licensee.
5. Denial of treatment prohibited; failure to provide consent. A licensee may not
deny, or refuse to provide, therapy or psychotherapy services to a client on the sole basis
that the client has not provided consent to the use of artificial intelligence to assist in
providing supplementary support in therapy or psychotherapy services.
6. Confidentiality. When using artificial intelligence pursuant to this section, a
licensee shall comply with all state and federal confidentiality and privacy laws and shall
ensure that any artificial intelligence technology is compliant with all state and federal
confidentiality and privacy laws.
7. Professional responsibility. All laws and rules governing professional
responsibility, unprofessional conduct and generally accepted standards of practice that
apply to a licensee also apply to that licensee when using artificial intelligence pursuant to
this section.
Page 19 - 132LR2838(03)
8. Violation. A violation of this section is subject to disciplinary action by the board
pursuant to Title 10, section 8003, subsection 5.
9. Exception. This section does not apply to an artificial intelligence-based
intervention that is used solely within a research project approved by an institutional review
board, as defined in Title 22, section 1711-C, subsection 6, paragraph G, and conducted in
compliance with all applicable federal protections for human subjects in research.
10. Rules. The board shall adopt rules to implement the requirements of this section.
Rules adopted pursuant to this subsection are major substantive rules as described in Title
5, chapter 375, subchapter 2-A.
11. Client waiver void and unenforceable. Any waiver by a client of the provisions
of this section is contrary to public policy and is void and unenforceable.
12. Right to civil action. This section may not be construed to prohibit a client or a
client's authorized representative from:
A. Maintaining an action for harm caused to a client that is attributable to the use of
artificial intelligence to assist in providing administrative support or supplementary
support in the delivery of therapy or psychotherapy services;
B. Maintaining an action alleging professional negligence of a licensee; or
C. Seeking any other remedies available under other provisions of law.
Sec. 8. 32 MRSA §13870 is enacted to read:
§13870. Use of artificial intelligence to assist in providing administrative support and
supplementary support in therapy or psychotherapy services
1. Definitions. As used in this section, unless the context otherwise indicates, the
following terms have the following meanings.
A. "Administrative support" means tasks performed to assist a licensed professional
in the delivery of therapy or psychotherapy services that do not involve therapeutic
communication. "Administrative support" includes, but is not limited to:
(1) Managing appointment scheduling and reminders;
(2) Processing billing and insurance claims; and
(3) Drafting general communications related to the logistics of delivering therapy
or psychotherapy services that do not include therapeutic communication.
B. "Artificial intelligence" means a machine-based system that, for explicit or implicit
objectives, infers, from the input it receives, how to generate outputs, such as
predictions, content, recommendations or decisions, that can influence physical or
virtual environments.
C. "Consent" means a clear, explicit and affirmative act by an individual that:
unambiguously communicates the individual's express, informed, voluntary, specific
and unambiguous written agreement, including a written agreement provided by
electronic means or provided by initialing a specific section of an individual's general
consent to treatment agreement; and is revocable by the individual.
"Consent" does not include an agreement that is obtained by:
Page 20 - 132LR2838(03)
(1) The acceptance of a general or broad terms-of-use agreement or a similar
document that contains descriptions of artificial intelligence along with unrelated
information;
(2) An individual's hovering over, muting, pausing or closing a given piece of
electronic content; or
(3) An agreement obtained through the use of deceptive actions.
D. "Supplementary support" means tasks performed to assist a licensed professional
in the delivery of therapy or psychotherapy services that do not involve therapeutic
communication and that are not administrative support. "Supplementary support"
includes, but is not limited to:
(1) Preparing and maintaining client records, including therapy notes;
(2) Analyzing anonymized data to track client progress or identify trends, subject
to review by a licensed professional; and
(3) Identifying and organizing external resources or referrals for client use.
E. "Therapeutic communication" means any verbal, nonverbal or written interaction,
conducted in a clinical or professional setting, that is intended to diagnose, treat or
address an individual's mental, emotional or behavioral health concerns. "Therapeutic
communication" includes, but is not limited to:
(1) Direct interactions with individuals for the purpose of understanding their
thoughts, emotions or experiences;
(2) Providing guidance, therapeutic strategies or interventions designed to achieve
mental health outcomes;
(3) Offering emotional support, reassurance or empathy in response to
psychological or emotional distress;
(4) Collaborating with individuals to develop or modify therapeutic goals or
treatment plans; and
(5) Offering behavioral feedback intended to promote psychological growth or
address mental health conditions.
F. "Therapy or psychotherapy services" means services provided to diagnose, treat or
address an individual's mental health or behavioral health through therapeutic
communication.
2. Permitted use of artificial intelligence. A person licensed under this chapter,
referred to in this section as "the licensee," may provide administrative support or
supplementary support in the delivery of therapy or psychotherapy services through the use
of artificial intelligence as long as the licensee acts within the scope of practice of the
licensee's license, in accordance with any requirements and restrictions imposed by this
chapter and in accordance with standards of practice, and only if:
A. The licensee maintains full responsibility for all interactions, outputs and data use
associated with the use of artificial intelligence; and
B. For the use of artificial intelligence to assist in providing supplementary support,
the licensee satisfies the requirements of subsection 3.
Page 21 - 132LR2838(03)
3. Requirements of use; supplementary support. A licensee may use artificial
intelligence to assist in providing supplementary support in therapy or psychotherapy
services only when the client's therapeutic session is recorded or transcribed, and only if:
A. The client or the client's legally authorized representative is informed in writing of
the following:
(1) That artificial intelligence will be used;
(2) The specific purpose of the artificial intelligence tool or system that will be
used; and
(3) How session data collected by artificial intelligence will be stored, retained,
used for training and deleted upon termination of therapy or psychotherapy
services; and
B. The client or the client's legally authorized representative provides consent to the
use of artificial intelligence.
4. Prohibition of use. A licensee may use artificial intelligence to provide
supplementary support only to the extent the use meets the requirements of subsection 3.
A licensee may not allow artificial intelligence to:
A. Make independent therapeutic decisions;
B. Directly interact with clients in any form of therapeutic communication; or
C. Generate therapeutic recommendations or treatment plans without review and
approval by the licensee.
5. Denial of treatment prohibited; failure to provide consent. A licensee may not
deny, or refuse to provide, therapy or psychotherapy services to a client on the sole basis
that the client has not provided consent to the use of artificial intelligence to assist in
providing supplementary support in therapy or psychotherapy services.
6. Confidentiality. When using artificial intelligence pursuant to this section, a
licensee shall comply with all state and federal confidentiality and privacy laws and shall
ensure that any artificial intelligence technology is compliant with all state and federal
confidentiality and privacy laws.
7. Professional responsibility. All laws and rules governing professional
responsibility, unprofessional conduct and generally accepted standards of practice that
apply to a licensee also apply to that licensee when using artificial intelligence pursuant to
this section.
8. Violation. A violation of this section is subject to disciplinary action by the board
pursuant to Title 10, section 8003, subsection 5.
9. Exception. This section does not apply to an artificial intelligence-based
intervention that is used solely within a research project approved by an institutional review
board, as defined in Title 22, section 1711-C, subsection 6, paragraph G, and conducted in
compliance with all applicable federal protections for human subjects in research.
10. Rules. The board shall adopt rules to implement the requirements of this section.
Rules adopted pursuant to this subsection are major substantive rules as described in Title
5, chapter 375, subchapter 2-A.
Page 22 - 132LR2838(03)
11. Client waiver void and unenforceable. Any waiver by a client of the provisions
of this section is contrary to public policy and is void and unenforceable.
12. Right to civil action. This section may not be construed to prohibit a client or a
client's authorized representative from:
A. Maintaining an action for harm caused to a client that is attributable to the use of
artificial intelligence to assist in providing administrative support or supplementary
support in the delivery of therapy or psychotherapy services;
B. Maintaining an action alleging professional negligence of a licensee; or
C. Seeking any other remedies available under other provisions of law.