Health Occupations - Behavioral Health Care Providers - Use of Artificial Intelligence

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb0995*

HOUSE BILL 995
J2, S1 6lr2308

By: Delegates Woods, Ivey, Kaufman, Pasteur, Patterson, Roberts, and Simmons
Introduced and read first time: February 6, 2026
Assigned to: Health

A BILL ENTITLED

AN ACT concerning 1

Health Occupations – Behavioral Health Care Providers – Use of Artificial 2
Intelligence 3

FOR the purpose of prohibiting behavioral health care provider s from using artificial 4
intelligence to provide behavioral health care to a patient; authorizing a behavioral 5
health care provider to use a system that employs artificial intelligence in 6
performing administrative support tasks under certain circumstances ; requiring a 7
behavioral health care provider to obtain certain informed consent from patients if 8
the provider uses a certain system that employs artificial intelligence under certain 9
circumstances; and generally relating to the use of artificial intelligence by 10
behavioral health care providers. 11

BY adding to 12
Article – Health Occupations 13
Section 1–231 14
Annotated Code of Maryland 15
(2021 Replacement Volume and 2025 Supplement) 16

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 17
That the Laws of Maryland read as follows: 18

Article – Health Occupations 19

1–231. 20

(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 21
INDICATED. 22

(2) “ADMINISTRATIVE SUPPORT TASKS” INCLUDES: 23

2 HOUSE BILL 995

(I) SCHEDULING APPOINTMENTS; 1

(II) MANAGING PATIENT RECORDS AND BILLING RECORDS; 2

(III) BILLING PATIENTS OR INSURERS; 3

(IV) ANALYZING DATA FOR OPERATIONAL PURPOSES; AND 4

(V) ORGANIZING, TRACKING, AND MANAGING FILES O R NOTES 5
THAT RELATE TO A PATIENT’S SESSION. 6

(3) “ARTIFICIAL INTELLIGEN CE” HAS THE MEANING STAT ED IN § 7
3.5–801 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 8

(4) “BEHAVIORAL HEALTH CAR E” HAS THE MEANING STAT ED IN § 9
7.5–101 OF THE HEALTH – GENERAL ARTICLE. 10

(5) “BEHAVIORAL HEALTH CARE PROVIDER” MEANS AN INDIVIDUAL 11
WHO IS LICENSED, REGISTERED, OR CERTIFIED UNDER THIS ARTICLE AND WHOSE 12
SCOPE OF PRACTICE IN CLUDES THE PROVISION OF BEHAVIORAL HEALTH CA RE 13
SERVICES. 14

(6) (I) “THERAPEUTIC COMMUNICATION” MEANS ANY VERBAL OR 15
WRITTEN INTERACTION BETWEEN A BEHAVIORAL HEALTH CARE PROVIDER AND A 16
PATIENT THAT IS INTENDED TO DIAGNOSE, TREAT, OR ADDRESS A PATIENT’S 17
EMOTIONAL OR BEHAVIORAL HEALTH. 18

(II) “THERAPEUTIC COMMUNICATION” INCLUDES: 19

1. DIRECT INTERACTIONS W ITH CLIENTS FOR THE 20
PURPOSE OF UNDERSTAN DING OR REFLECTING T HEIR THOUGHTS, EMOTIONS, OR 21
EXPERIENCES; 22

2. THE PROVISION OF GUID ANCE, THERAPEUTIC 23
STRATEGIES, OR INTERVENTIONS DES IGNED TO ACHIEVE MENTAL HEALT H 24
OUTCOMES; 25

3. THE OFFERI NG OF EMOTIONAL SUPP ORT, 26
REASSURANCE, OR EMPATHY IN RESPON SE TO PSYCHOLOGICAL OR EMOTIONAL 27
DISTRESS; 28

4. COLLABORATION WIT H CLIENTS TO DEVELOP OR 29
MODIFY THERAPEUTIC GOALS OR TREATMENT PLANS; AND 30
HOUSE BILL 995 3

5. THE OFFERING OF BEHAV IORAL FEEDBACK 1
INTENDED TO PROMOTE PSYCHOLOGICAL GROWTH OR ADDRESS MENTAL HE ALTH 2
CONDITIONS. 3

(B) EXCEPT AS PROVIDED IN SUBSECTION (C) OF THIS SECTION , A 4
BEHAVIORAL HEALTH CARE PROVIDER MAY NOT USE ARTIFICIAL INTELLIGENCE TO 5
PROVIDE BEHAVIORAL HEALTH CARE TO A PATIENT, INCLUDING FOR: 6

(1) ASSESSMENT, DIAGNOSIS, TREATMENT, OR COUNSELING; 7

(2) DEVELOPMENT OF A TREATMENT PLAN; 8

(3) CASE MANAGEMENT; OR 9

(4) THERAPEUTIC COMMUNICATIONS. 10

(C) (1) A BEHAVIORAL HEALTH CARE PROVIDER MAY USE A SYSTEM THAT 11
EMPLOYS ARTIFICIAL INTELLIGENCE TO ASSIST THE BEHAVIORAL HEALTH CA RE 12
PROVIDER IN PERFORMING ADMINISTRATIVE SUPPORT TASKS IF THE BEHAVIORAL 13
HEALTH CARE PROVIDER: 14

(I) ENSURES COMPLIANCE WI TH ALL APPLICABLE FE DERAL 15
AND STATE LAWS AND REGULATIONS GOVERNING PATIENT CONFIDENTIALITY AND 16
THE SECURITY OF HEALTH RECORDS, HEALTH–RELATED INFORMATION, AND OTHER 17
RELATED DATA; 18

(II) SIGNS AN AGREEMENT WITH THE PERSON THAT OWNS THE 19
SYSTEM THAT EMPLOYS ARTIFICIAL INTELLIGENCE TO ENSURE THAT: 20

1. PROTECTED HEALTH INFO RMATION WILL BE KEPT 21
CONFIDENTIAL; AND 22

2. INFORMATION ACCESSED THROUGH THE USE OF THE 23
ARTIFICIAL INTELLIGE NCE MAY NOT BE USED TO TRAIN THE ARTIFICIAL 24
INTELLIGENCE OR ANY OTHER ARTIFICIAL INTELLIGENCE; AND 25

(III) PROVIDES WRITTEN AND VERBAL N OTICE TO EACH 26
PATIENT: 27

1. THAT T HE BEHAVIORAL HEALTH CARE PROVIDER 28
MAY USE A SYSTEM THAT EMPLOY S ARTIFICIAL INTELLIGE NCE TO PERFORM 29
ADMINISTRATIVE SUPPORT TASKS; AND 30
4 HOUSE BILL 995

2. OF THE POTENTIAL RISKS ASSOCIATED WITH THE USE 1
OF ARTIFICIAL INTELL IGENCE, INCLUDING THE POTENT IAL FOR A BREACH OF 2
CONFIDENTIALITY. 3

(2) A BEHAVIORAL HEALTH CA RE PROVIDER THAT USE S A SYSTEM 4
THAT EMPLOYS ARTIFICIAL INTELLIGENCE FOR ADMINISTRATIVE SUPPORT TASKS 5
SHALL INDEPENDENTLY REVIEW THE ACCURACY OF ANY REPORT , DATA, OR ANY 6
OTHER INFORMATION TH E ARTIFICIAL INTELLI GENCE COMPILES , SUMMARIZES, 7
ANALYZES, OR GENERATES. 8

(D) A BEHAVIORAL HEALTH CA RE PROVIDE R SHALL OBTAIN WRITTEN 9
INFORMED CONSENT FRO M EACH PATIENT IF TH E BEHAVIORAL HEALTH CA RE 10
PROVIDER USES A SYSTEM THAT EMPLOYS ARTIFICIAL INTELLIGENCE THAT COULD 11
MATERIALLY AFFECT CLINICAL DECISION–MAKING SERVICES OR PATIENT–FACING 12
SERVICES. 13

(E) A PERSON WHO VIOLATES THIS SECTION IS SUBJECT TO DISCIPLINARY 14
ACTION BY THE APPROPRIATE HEALTH OCCUPATION BOARD. 15

(F) THIS SECTION DOES NOT PROHIBIT A BEHAVIORA L HEALTH CARE 16
PROVIDER FROM DISSEM INATING SELF –HELP MATERIALS OR ED UCATIONAL 17
MATERIALS THAT DO NOT CLAIM TO PROVIDE BEHAVIORAL HEALTH CARE. 18

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 19
October 1, 2026. 20