Artifical intelligence; prohibit use of in professional mental and behavioral health care.

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To: Public Health and Human
Services; Accountability,
Efficiency, Transparency
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Ford (73rd)

HOUSE BILL NO. 1048

AN ACT TO PROHIBIT THE USE OF ARTIFICIAL INTELLIGENCE FOR 1
PROVIDING PROFESSIONAL MENTAL AND BEHAVIORAL HEALTH CARE; TO 2
PROHIBIT AN ARTIFICIAL INTELLIGENCE PROVIDER FROM MAKING ANY 3
REPRESENTATION OR STATEMENT THAT AN ARTIFICIAL INTELLIGENCE SYSTEM 4
IS CAPABLE OF PROVIDING SUCH CARE OR PROGRAMMING A SYSTEM TO 5
PROVIDE SUCH CARE; TO PROHIBIT A PERSON LICENSED TO PROVIDE 6
PROFESSIONAL MENTAL AND BEHAVIORAL HEALTH CARE USING ARTIFICIAL 7
INTELLIGENCE IN HIS OR HER PRACTICE; TO PROVIDE AN EXCEPTION FOR 8
LICENSEES USING ARTIFICIAL INTELLIGENCE FOR CERTAIN ADMINISTRATIVE 9
AND SUPPLEMENTARY SUPPORT SERVICES; TO AMEND SECTIONS 73-30-21, 10
73-31-21, 73-53-17, 73-54-29, 73-65-13 AND 73-66-17, MISSISSIPPI 11
CODE OF 1972, TO PROVIDE THAT A LICENSEE WHO VIOLATES THIS ACT IS 12
SUBJECT TO DISCIPLINARY ACTION BY THE LICENSING BOARD; AND FOR 13
RELATED PURPOSES. 14
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 15
SECTION 1. (1) As used in this section, the following terms 16
have the meanings as defined in this subsection, unless the 17
context clearly indicates otherwise: 18
(a) "Artificial intelligence" or "artificial 19
intelligence system" means a machine-based system that, for any 20
explicit or implicit objective, infers from the inputs the system 21
receives how to generate outputs, including, but not limited to, 22
content, decisions, predictions or recommendations that can 23
influence physical or virtual environments. 24
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(b) "Artificial intelligence provider" means a person 25
who operates or provides an artificial intelligence system. 26
(c) "Licensee" means person licensed to provide 27
professional mental or behavioral health care. 28
(d) "Professional mental or behavioral health care" 29
means: 30
(i) The practice of counseling/psychotherapy as 31
defined in Section 73-30-3; 32
(ii) The practice of psychology as defined in 33
Section 73-31-3; 34
(iii) Social work practice and clinical social 35
work practice as defined in Section 73-53-3; 36
(iv) The practice of marriage and family therapy 37
as defined in Section 73-54-5; 38
(v) Practice as a licensed professional art 39
therapist as defined in Section 73-65-1; and 40
(vi) The practice of music therapy as defined in 41
Section 73-66-3. 42
(2) An artificial intelligence provider shall not make 43
available for use by a person in this state an artificial 44
intelligence system that is specifically programmed to provide a 45
service or experience to a user that would constitute the practice 46
of professional mental or behavioral health care if provided by a 47
natural person. 48
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(3) An artificial intelligence provider shall not make any 49
representation or statement, or knowingly cause or program an 50
artificial intelligence system made available for use by a person 51
in this state to make any representation or statement, that 52
explicitly or implicitly indicates that: 53
(a) The artificial intelligence system is capable of 54
providing professional mental or behavioral health care; 55
(b) A user of the artificial intelligence system may 56
interact with any feature of the artificial intelligence system 57
that simulates human conversation in order to obtain professional 58
mental or behavioral health care; or 59
(c) The artificial intelligence system, or any 60
component, feature, avatar or embodiment of the artificial 61
intelligence system, is a provider of professional mental or 62
behavioral health care. 63
(4) (a) Except as otherwise provided in this subsection, a 64
licensee may not use artificial intelligence in the practice of 65
professional mental or behavioral health care. 66
(b) A licensee may use artificial intelligence to 67
assist in administrative or supplementary support services. 68
(i) Administrative and supplementary support 69
services include, but are not limited to, the following: 70
1. Managing appointment scheduling and 71
reminders; 72
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2. Drafting general communications related to 73
therapy logistics that do not involve therapeutic advice; 74
3. Processing billing and insurance claims; 75
4. Preparing and managing patient records; or 76
5. Analyzing data for operational purposes. 77
(ii) Administrative and supplementary support 78
services do not include: 79
1. Making independent therapeutic decisions; 80
2. Directly interacting with clients in any 81
form of therapeutic communication; 82
3. Generating therapeutic recommendations or 83
treatment plans without review and approval by the licensee; or 84
4. Detecting a person's emotional or mental 85
state. 86
(c) A licensee may use artificial intelligence to 87
record or transcribe a counseling or therapy session if a licensee 88
obtains written, informed consent at least twenty-four (24) hours 89
before the session. 90
(5) (a) A person who violates any provision of this section 91
is subject to a civil penalty of not more than Fifteen Thousand 92
Dollars ($15,000.00) per violation. The Attorney General may 93
investigate potential violations of this section and may bring a 94
civil action against a person alleged to be in violation of this 95
section. 96
(b) Nothing in this section shall be construed to prohibit: 97
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(i) Any advertisement, statement or representation 98
for or relating to materials, literature and other products which 99
are meant to provide advice and guidance for self-help relating to 100
mental or behavioral health, if the material, literature or 101
product does not purport to offer or provide professional mental 102
or behavioral health care. 103
(ii) Offering or operating an artificial 104
intelligence system that is designed to be used by a provider of 105
professional mental or behavioral health care to perform tasks for 106
administrative and supplementary support services as provided in 107
subsection (4) of this section. 108
SECTION 2. Section 73-30-21, Mississippi Code of 1972, is 109
amended as follows: 110
73-30-21. (1) The board may, after notice and opportunity 111
for a hearing, suspend, revoke or refuse to issue or renew a 112
license or the privilege to practice or may reprimand the license 113
holder or holder of the privilege to practice, upon a 114
determination by the board that such license holder or holder of 115
the privilege to practice or applicant for licensure or the 116
privilege to practice has: 117
(a) Been adjudged by any court to be mentally 118
incompetent or have had a guardian of person appointed; 119
(b) Been convicted of a felony; 120
(c) Sworn falsely under oath or affirmation; 121
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(d) Obtained a license or certificate or the privilege 122
to practice by fraud, deceit or other misrepresentation; 123
(e) Engaged in the conduct of professional counseling 124
in a grossly negligent or incompetent manner; 125
(f) Intentionally violated any provision of this 126
article; 127
(g) Violated any rules or regulations of the 128
board; * * * 129
(h) Aided or assisted another in falsely obtaining a 130
license or the privilege to practice under this article * * *; or 131
(i) Used artificial intelligence in the practice of 132
professional mental or behavioral health care in a manner 133
prohibited by Section 1 of this act. 134
With regard to a refusal to issue a privilege to practice, 135
such refusal by the board shall be in accordance with the terms of 136
the Professional Counseling Compact instead of this subsection 137
(1). 138
(2) Appeals from disciplinary action are to be brought in 139
the circuit court in the county of residence of the practitioner. 140
In the event the practitioner resides out of state the appeal 141
should be brought in Hinds County Circuit Court. 142
(3) The board may assess and levy upon any licensee, 143
practitioner or applicant for licensure or the privilege to 144
practice the costs incurred or expended by the board in the 145
investigation and prosecution of any licensure, privilege to 146
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practice or disciplinary action, including, but not limited to, 147
the costs of process service, court reporters, expert witnesses, 148
investigators and attorney's fees. 149
(4) No revoked license or privilege to practice may be 150
reinstated within twelve (12) months after such revocation. 151
Reinstatement thereafter shall be upon such conditions as the 152
board may prescribe, which may include, without being limited to, 153
successful passing of the examination required by this article. 154
(5) A license or privilege to practice certificate issued by 155
the board is the property of the board and must be surrendered on 156
demand. 157
(6) The chancery court is * * * vested with the jurisdiction 158
and power to enjoin the unlawful practice of counseling and/or the 159
false representation as a licensed counselor in a proceeding 160
brought by the board or any members thereof or by any citizen of 161
this state. 162
(7) In addition to the reasons specified in subsection (1) 163
of this section, the board shall be authorized to suspend the 164
license of any licensee for being out of compliance with an order 165
for support, as defined in Section 93-11-153. The procedure for 166
suspension of a license for being out of compliance with an order 167
for support, and the procedure for the reissuance or reinstatement 168
of a license suspended for that purpose, and the payment of any 169
fees for the reissuance or reinstatement of a license suspended 170
for that purpose, shall be governed by Section 93-11-157 or 171
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93-11-163, as the case may be. If there is any conflict between 172
any provision of Section 93-11-157 or 93-11-163 and any provision 173
of this article, the provisions of Section 93-11-157 or 93-11-163, 174
as the case may be, shall control. 175
SECTION 3. Section 73-31-21, Mississippi Code of 1972, is 176
amended as follows: 177
73-31-21. (1) The board, by an affirmative vote of at least 178
four (4) of its seven (7) members, shall withhold, deny, revoke or 179
suspend any license issued or applied for in accordance with the 180
provisions of this article, or otherwise discipline a licensed 181
psychologist, upon proof that the applicant or licensed 182
psychologist: 183
(a) Has violated the current code of ethics of the 184
American Psychological Association or other codes of ethical 185
standards adopted by the board; or 186
(b) Has been convicted of a felony or any offense 187
involving moral turpitude, the record of conviction being 188
conclusive evidence thereof; or 189
(c) Is using any substance or any alcoholic beverage to 190
an extent or in a manner dangerous to any other person or the 191
public, or to an extent that the use impairs his or her ability to 192
perform the work of a professional psychologist with safety to the 193
public; or 194
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(d) Has impersonated another person holding a 195
psychologist license or allowed another person to use his or her 196
license; or 197
(e) Has used fraud or deception in applying for a 198
license or in taking an examination provided for in this article; 199
or 200
(f) Has accepted commissions or rebates or other forms 201
of remuneration for referring clients to other professional 202
persons; or 203
(g) Has performed psychological services outside of the 204
area of his or her training, experience or competence; or 205
(h) Has allowed his or her name or license issued under 206
this article to be used in connection with any person or persons 207
who perform psychological services outside of the area of their 208
training, experience or competence; or 209
(i) Is legally adjudicated mentally incompetent, the 210
record of that adjudication being conclusive evidence thereof; or 211
(j) Has willfully or negligently violated any of the 212
provisions of this article. The board may recover from any person 213
disciplined under this article, the costs of investigation, 214
prosecution, and adjudication of the disciplinary action * * *; or 215
(k) Has used artificial intelligence in the practice of 216
professional mental or behavioral health care in a manner 217
prohibited by Section 1 of this act. 218
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(2) Notice shall be effected by registered mail or personal 219
service setting forth the particular reasons for the proposed 220
action and fixing a date not less than thirty (30) days nor more 221
than sixty (60) days from the date of the mailing or that service, 222
at which time the applicant or licensee shall be given an 223
opportunity for a prompt and fair hearing. For the purpose of the 224
hearing, the board, acting by and through its executive secretary, 225
may subpoena persons and papers on its own behalf and on behalf of 226
the applicant or licensee, may administer oaths and may take 227
testimony. That testimony, when properly transcribed, together 228
with the papers and exhibits, shall be admissible in evidence for 229
or against the applicant or licensee. At the hearing, the 230
applicant or licensee may appear by counsel and personally in his 231
or her own behalf. Any person sworn and examined by a witness in 232
the hearing shall not be held to answer criminally, nor shall any 233
papers or documents produced by the witness be competent evidence 234
in any criminal proceedings against the witness other than for 235
perjury in delivering his or her evidence. On the basis of any 236
such hearing, or upon default of applicant or licensee, the board 237
shall make a determination specifying its findings of fact and 238
conclusions of law. A copy of that determination shall be sent by 239
registered mail or served personally upon the applicant or 240
licensee. The decision of the board denying, revoking or 241
suspending the license shall become final thirty (30) days after 242
so mailed or served, unless within that period the applicant or 243
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licensee appeals the decision to the chancery court, under the 244
provisions hereof, and the proceedings in chancery shall be 245
conducted as other matters coming before the court. All 246
proceedings and evidence, together with exhibits, presented at the 247
hearing before the board shall be admissible in evidence in court 248
in the appeal. 249
(3) The board may subpoena persons and papers on its own 250
behalf and on behalf of the respondent, may administer oaths and 251
may compel the testimony of witnesses. It may issue commissions 252
to take testimony, and testimony so taken and sworn to shall be 253
admissible in evidence for and against the respondent. The board 254
shall be entitled to the assistance of the chancery court or the 255
chancellor in vacation, which, on petition by the board, shall 256
issue ancillary subpoenas and petitions and may punish as for 257
contempt of court in the event of noncompliance therewith. 258
(4) Every order and judgment of the board shall take effect 259
immediately on its promulgation unless the board in the order or 260
judgment fixes a probationary period for the applicant or 261
licensee. The order and judgment shall continue in effect unless 262
upon appeal the court by proper order or decree terminates it 263
earlier. The board may make public its order and judgments in 264
any manner and form as it deems proper. It shall, in event of the 265
suspension or revocation of a license, direct the clerk of the 266
circuit court of the county in which that license was recorded to 267
cancel that record. 268
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(5) Nothing in this section shall be construed as limiting 269
or revoking the authority of any court or of any licensing or 270
registering officer or board, other than the Mississippi Board of 271
Psychology, to suspend, revoke and reinstate licenses and to 272
cancel registrations under the provisions of Section 41-29-311. 273
(6) Suspension by the board of the license of a psychologist 274
shall be for a period not exceeding one (1) year. At the end of 275
this period the board shall reevaluate the suspension, and shall 276
either reinstate or revoke the license. A person whose license 277
has been revoked under the provisions of this section may reapply 278
for a license after more than two (2) years have elapsed from the 279
date that the denial or revocation is legally effective. 280
(7) In addition to the reasons specified in subsection (1) 281
of this section, the board shall be authorized to suspend the 282
license of any licensee for being out of compliance with an order 283
for support, as defined in Section 93-11-153. The procedure for 284
suspension of a license for being out of compliance with an order 285
for support, and the procedure for the reissuance or reinstatement 286
of a license suspended for that purpose, and the payment of any 287
fees for the reissuance or reinstatement of a license suspended 288
for that purpose, shall be governed by Section 93-11-157. Actions 289
taken by the board in suspending a license when required by 290
Section 93-11-157 or 93-11-163 are not actions from which an 291
appeal may be taken under this section. Any appeal of a license 292
suspension that is required by Section 93-11-157 or 93-11-163 293
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shall be taken in accordance with the appeal procedure specified 294
in Section 93-11-157 or 93-11-163, as the case may be, rather than 295
the procedure specified in this section. If there is any conflict 296
between any provision of Section 93-11-157 or 93-11-163 and any 297
provision of this article, the provisions of Section 93-11-157 or 298
93-11-163, as the case may be, shall control. 299
(8) The board may issue a nondisciplinary, educational 300
letter to licensees as provided in Section 73-31-7(2)(g). The 301
board may also direct a psychologist to obtain a formal assessment 302
of ability to practice safely if there is reason to believe there 303
may be impairment due to substance abuse or mental incapacity. 304
Licensees who may be impaired, but who are able to practice 305
safely, may be required by the board to seek appropriate treatment 306
and/or supervision. That action by the board in itself will not 307
be considered disciplinary. 308
(9) The board may discipline any person who has been granted 309
the authority to practice interjurisdictional telepsychology or 310
the temporary authorization to practice under the Psychology 311
Interjurisdictional Compact provided for under Section 73-31-51, 312
for any of the grounds specified in subsection (1) of this section 313
in the same manner as the board disciplines a licensed 314
psychologist under this section. 315
SECTION 4. Section 73-53-17, Mississippi Code of 1972, is 316
amended as follows: 317
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73-53-17. (1) Individuals licensed by the board shall 318
conduct their activities, services and practice in accordance with 319
the laws governing their professional practice and any rules 320
promulgated by the board. Licensees and applicants may be subject 321
to the exercise of the sanctions enumerated in Section 73-53-23 if 322
the board finds that a licensee or applicant has committed any of 323
the following: 324
(a) Negligence in the practice or performance of 325
professional services or activities; 326
(b) Engaging in dishonorable, unethical or 327
unprofessional conduct of a character likely to deceive, defraud 328
or harm the public in the course of professional services or 329
activities; 330
(c) Perpetrating or cooperating in fraud or material 331
deception in obtaining or renewing a license or attempting the 332
same; 333
(d) Violating the rules and regulations established by 334
the board; 335
(e) Violating the National Association of Social 336
Workers Code of Ethics or the American Association for Marriage 337
and Family Therapy Code of Ethics; 338
(f) Being convicted of any crime which has a 339
substantial relationship to the licensee's activities and services 340
or an essential element of which is misstatement, fraud or 341
dishonesty; 342
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(g) Being convicted of any crime which is a felony 343
under the laws of this state or of the United States of America; 344
(h) Engaging in or permitting the performance of 345
unacceptable services personally due to the licensee's deliberate 346
or grossly negligent act or acts or failure to act, regardless of 347
whether actual damage or damages to the public is established, or 348
assuming responsibility for another's work by signing documents 349
without personal knowledge of the work as established by board 350
rule; 351
(i) Continued practice although the licensee has become 352
unfit to practice social work due to: (i) failure to keep abreast 353
of current professional theory or practice; or (ii) physical or 354
mental disability; the entry of an order or judgment by a court of 355
competent jurisdiction that a licensee is in need of mental 356
treatment or is incompetent shall constitute mental disability; or 357
(iii) addiction or severe dependency upon alcohol or other drugs 358
which may endanger the public by impairing the licensee's ability 359
to practice; 360
(j) Continued practice although the individual failed 361
to renew and has a lapsed license; 362
(k) Having disciplinary action taken against the 363
licensee's license in another state; 364
(l) Making differential, detrimental treatment against 365
any person because of race, color, creed, sex, religion or 366
national origin; 367
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(m) Engaging in lewd conduct in connection with 368
professional services or activities; 369
(n) Engaging in false or misleading advertising; 370
(o) Contracting, assisting or permitting unlicensed 371
persons to perform services for which a license is required under 372
this article; 373
(p) Violation of any probation requirements placed on a 374
licensee by the board; 375
(q) Revealing confidential information except as may be 376
required by law; 377
(r) Failing to inform clients of the fact that the 378
client no longer needs the services or professional assistance of 379
the licensee; 380
(s) Charging excessive or unreasonable fees or engaging 381
in unreasonable collection practices * * *; or 382
(t) Using artificial intelligence in the practice of 383
professional mental or behavioral health care in a manner 384
prohibited by Section 1 of this act. 385
(2) The board may order a licensee to submit to a reasonable 386
physical or mental examination if the licensee's physical or 387
mental capacity to practice safely is at issue in a disciplinary 388
proceeding. 389
(3) Failure to comply with a board order to submit to a 390
physical or mental examination shall render a licensee subject to 391
the summary suspension procedures described in Section 73-53-23. 392
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(4) In addition to the reasons specified in subsection (1) 393
of this section, the board shall be authorized to suspend the 394
license of any licensee for being out of compliance with an order 395
for support, as defined in Section 93-11-153. The procedure for 396
suspension of a license for being out of compliance with an order 397
for support, and the procedure for the reissuance or reinstatement 398
of a license suspended for that purpose, and the payment of any 399
fees for the reissuance or reinstatement of a license suspended 400
for that purpose, shall be governed by Section 93-11-157 or 401
93-11-163, as the case may be. If there is any conflict between 402
any provision of Section 93-11-157 or 93-11-163 and any provision 403
of this article, the provisions of Section 93-11-157 or 93-11-163, 404
as the case may be, shall control. 405
SECTION 5. Section 73-54-29, Mississippi Code of 1972, is 406
amended as follows: 407
73-54-29. Licensees subject to this chapter shall conduct 408
their activities, services and practice in accordance with this 409
chapter and any rules promulgated under this chapter. Licensees 410
may be subject to the exercise of the disciplinary sanctions 411
enumerated in Section 73-53-23 if the board finds that a licensee 412
is guilty of any of the actions listed in Section 73-53-17(1) or 413
is guilty of any of the following: 414
(a) Violation of any provision of this chapter or any 415
rules or regulations of the board adopted under the provisions of 416
this chapter. 417
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(b) Other just and sufficient cause which renders a 418
person unfit to practice marriage and family therapy as determined 419
by the board, but not limited to: 420
(i) Habitual use of alcohol or drugs to an extent 421
that affects professional competence; 422
(ii) Adjudication as being mentally incompetent by 423
a court of competent jurisdiction; 424
(iii) Practicing in a manner detrimental to the 425
public health and welfare; 426
(iv) Revocation of a license or certification by a 427
licensing agency or by a certifying professional organization; 428
(v) Any other violation of this chapter or the 429
code of ethical standards of the American Association for Marriage 430
and Family Therapy or other ethical standards adopted by the board 431
under the provisions of this chapter; * * * 432
(vi) Continued practice although the individual 433
failed to renew and has a lapsed license * * *; or 434
(vii) Using artificial intelligence in the 435
practice of professional mental or behavioral health care in a 436
manner prohibited by Section 1 of this act. 437
SECTION 6. Section 73-65-13, Mississippi Code of 1972, is 438
amended as follows: 439
73-65-13. (1) The board may deny any application, or 440
suspend or revoke any license held or applied for under the 441
provisions of Section 73-65-7 if the person: 442
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(a) Is found guilty of fraud, deceit, or 443
misrepresentation in procuring or attempting to procure a license 444
to practice art therapy; 445
(b) Is adjudicated mentally incompetent; 446
(c) Is found guilty of a felony or misdemeanor 447
involving moral turpitude; 448
(d) Is found guilty of unprofessional or unethical 449
conduct in this or any other jurisdiction; 450
(e) Has been using any controlled substance or 451
alcoholic beverage to an extent or in a manner dangerous to the 452
person, any other person, or the public, or to an extent that the 453
use impairs the ability to perform as a licensed professional art 454
therapist; 455
(f) Has violated any provision of this chapter; * * * 456
(g) Willfully or negligently divulges a professional 457
confidence * * *; or 458
(h) Has used artificial intelligence in the practice of 459
professional mental or behavioral health care in a manner 460
prohibited by Section 1 of this act. 461
(2) A certified copy of the record of conviction shall be 462
conclusive evidence of the conviction. 463
(3) Disciplinary proceedings may be initiated upon the 464
receipt by the board of a sworn complaint by any person, including 465
members of the board. 466
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SECTION 7. Section 73-66-17, Mississippi Code of 1972, is 467
amended as follows: 468
73-66-17. (1) The board may sanction a licensee for any of 469
the following acts: 470
(a) Ineligibility for licensure, including, but not 471
limited to, falsification of information submitted for licensure 472
or failure to maintain status as a board-certified music 473
therapist; 474
(b) Failure to pay fees when due; 475
(c) Failure to provide requested information in a 476
timely manner; 477
(d) Conviction of a felony; 478
(e) Conviction of any crime that reflects an inability 479
to practice music therapy with due regard for the health and 480
safety of clients and patients, or with due regard for the truth 481
in filing claims with Medicare, Medicaid or any third-party payor; 482
(f) Inability or failure to practice music therapy with 483
reasonable skill and consistent with the welfare of clients and 484
patients, including, but not limited to, negligence in the 485
practice of music therapy; intoxication; incapacity; and abuse of 486
or engaging in sexual contact with a client or patient; * * * 487
(g) Disciplinary action by another 488
jurisdiction * * *;or 489
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ST: Artifical intelligence; prohibit use of in
professional mental and behavioral health care.
(h) Use of artificial intelligence in the practice of 490
professional mental health or behavioral health care in a manner 491
prohibited by Section 1 of this act. 492
(2) The department is authorized to conduct investigations 493
into allegations of conduct described in subsection (1) of this 494
section. 495
(3) The board may impose one or more of the following 496
sanctions upon a licensee for a violation of this chapter: 497
(a) Suspension of a license; 498
(b) Revocation of a license; 499
(c) Denial of a license; 500
(d) Refusal to renew a license; 501
(e) Probation with conditions; 502
(f) Reprimand; or 503
(g) A fine of not less than One Hundred Dollars 504
($100.00) or more than One Thousand Dollars ($1,000.00) for each 505
violation. 506
SECTION 8. This act shall take effect and be in force from 507
and after July 1, 2026. 508