Use regulation of artificial intelligence in psychotherapy services

A bill for an act

relating to health occupations; regulating use of artificial intelligence in

psychotherapy services; providing for civil penalties; proposing coding for new

law in Minnesota Statutes, chapter 214.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

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[214.165] REGULATING USE OF ARTIFICIAL INTELLIGENCE IN

PSYCHOTHERAPY SERVICES.

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Subdivision 1.

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Definitions.

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(a) For purposes of this section, the terms defined in this

subdivision have the meanings given.

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(b) "Administrative or supplementary support" means tasks performed to assist a licensed

professional in the delivery of therapy or psychotherapy services that do not involve

therapeutic communication. Administrative or supplementary support includes but is not

limited to:

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(1) preparing and maintaining client records, including but not limited to therapy notes;

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(2) managing appointment scheduling and reminders;

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(3) processing billing and insurance claims;

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(4) analyzing anonymized data to track client progress or identify trends for review by

a licensed professional;

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(5) identifying and organizing external resources or referrals for client use; and

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(6) drafting general communications related to therapy logistics that do not include

therapeutic advice.

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(c) "Artificial intelligence system" means any machine-based system that, for any explicit

or implicit objective, calculates from the inputs the system receives how to generate outputs,

including but not limited to content, decisions, predictions, or recommendations, that can

influence physical or virtual environments.

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(d) "Health-related licensing board" has the meaning given in section 214.01, subdivision

2.

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(e) "Licensed professional" means an individual who holds a valid license issued in

Minnesota to provide therapy or psychotherapy services, including but not limited to:

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(1) a licensed psychologist providing clinical services under sections 148.88 to 148.981;

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(2) a licensed social worker or independent clinical social worker under chapter 148E;

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(3) a licensed professional counselor or licensed professional clinical counselor under

sections 148B.50 to 148B.75;

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(4) a licensed marriage and family therapist under sections 148B.06 to 148B.392;

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(5) a licensed alcohol and drug counselor authorized to provide therapy or psychotherapy

services under chapter 148F;

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(6) a licensed behavioral analyst under sections 148.9981 to 148.9995;

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(7) a licensed physician under chapter 147; and

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(8) any other health professional authorized in Minnesota to provide therapy or

psychotherapy services.

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(f) "Peer support" means services provided by individuals with lived experience of

mental health conditions or recovery from substance use that are intended to offer

encouragement, understanding, and guidance without clinical intervention.

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(g) "Religious counseling" means counseling provided by clergy members, pastoral

counselors, or other religious leaders acting within the scope of their religious duties if the

services are explicitly faith based and are not represented as clinical mental health, therapy,

or psychotherapy services.

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(h) "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:

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(1) directly interacting with clients for the purpose of understanding or reflecting the

client's thoughts, emotions, or experiences;

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(2) providing guidance, therapeutic strategies, or interventions designed to achieve

mental health outcomes;

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(3) offering emotional support, reassurance, or empathy in response to psychological or

emotional distress;

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(4) collaborating with clients to develop or modify therapeutic goals or treatment plans;

and

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(5) offering behavioral feedback intended to promote psychological growth or address

mental health conditions.

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(i) "Therapy or psychotherapy services" means services provided to diagnose, treat, or

improve an individual's mental health or behavioral health.

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Subd. 2.

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Prohibited uses of artificial intelligence.

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(a) An individual, corporation, or

entity must not provide, advertise, or otherwise offer therapy or psychotherapy services to

the public in Minnesota unless the therapy or psychotherapy services are conducted by an

individual who is a licensed professional.

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(b) A licensed professional must not use artificial intelligence systems to:

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(1) make independent therapeutic decisions;

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(2) directly interact with clients in any form of therapeutic communication; or

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(3) generate therapeutic recommendations or treatment plans without review and approval

by the licensed professional.

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Subd. 3.

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Permitted uses of artificial intelligence.

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A licensed professional may use

artificial intelligence systems to assist in providing administrative or supplementary support

in therapy or psychotherapy services if the licensed professional maintains full responsibility

for all interactions, outputs, and data use associated with the system.

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Subd. 4.

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Enforcement, penalties, and hearings.

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(a) Any individual, corporation, or

entity found in violation of this section must pay a civil penalty to the health-related licensing

board responsible for regulating the relevant profession in an amount not to exceed $10,000

per violation.

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(b) The health-related licensing board responsible for regulating the relevant profession

must determine the amount of the penalty so as to deprive the licensee of any economic

advantage gained by reason of the violation, to discourage similar violations, or to reimburse

the board for the cost of investigation and proceeding, including but not limited to fees paid

for services provided by the Court of Administrative Hearings, legal and investigative

services provided by the Office of the Attorney General, court reporters, witnesses,

reproduction of records, board members' per diem compensation, board staff time, and travel

costs and expenses incurred by board staff and board members.

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(c) The health-related licensing board responsible for regulating the relevant profession

must provide the individual, corporation, or entity with written notice of the finding of a

violation and the imposition of a civil penalty that includes the reasons for the finding, the

amount of the civil penalty, and the right to request a hearing under chapter 14. An individual,

corporation, or entity must request a contested case hearing under chapter 14 from the

health-related licensing board within 30 days of receiving the notice in this paragraph.

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(d) An individual, corporation, or entity found in violation of this section must pay the

civil penalty within 60 days after notice of the violation and imposition of civil penalty

under paragraph (c) or after the date of an order issued following a contested case hearing

under chapter 14, whichever is later.

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(e) Each health-related licensing board responsible for regulating a licensed professional

under this section has the authority to investigate any actual, alleged, or suspected violation

of this section.

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Subd. 5.

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Exceptions.

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This section does not apply to:

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(1) religious counseling;

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(2) peer support; or

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(3) self-help materials and educational resources that are available to the public and do

not purport to offer therapy or psychotherapy services.

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EFFECTIVE DATE.

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This section is effective the day following final enactment.

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