Artificial intelligence; prohibit use in provision of professional mental and behaioral health care.

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To: Public Health and Human
Services
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Yancey

HOUSE BILL NO. 1720

AN ACT TO PROHIBIT THE USE OF ARTIFICIAL INTELLIGENCE FOR 1
PROVIDING PROFESSIONAL MENTAL AND BEHAVIORAL HEALTH CARE; TO 2
PROHIBIT A PERSON LICENSED TO PROVIDE PROFESSIONAL MENTAL AND 3
BEHAVIORAL HEALTH CARE USING ARTIFICIAL INTELLIGENCE IN HIS OR HER 4
PRACTICE; TO PROVIDE AN EXCEPTION FOR LICENSEES USING ARTIFICIAL 5
INTELLIGENCE FOR CERTAIN ADMINISTRATIVE AND SUPPLEMENTARY SUPPORT 6
SERVICES; TO AMEND SECTIONS 73-30-21, 73-31-21, 73-53-17, 7
73-54-29, 73-65-13 AND 73-66-17, MISSISSIPPI CODE OF 1972, TO 8
PROVIDE THAT A LICENSEE WHO VIOLATES THIS ACT IS SUBJECT TO 9
DISCIPLINARY ACTION BY THE LICENSING BOARD; AND FOR RELATED 10
PURPOSES. 11
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 12
SECTION 1. (1) As used in this section, the following terms 13
have the meanings as defined in this subsection, unless the 14
context clearly indicates otherwise: 15
(a) "Artificial intelligence" means a machine-based 16
system that, for any explicit or implicit objective, infers from 17
the inputs the system receives how to generate outputs, including, 18
but not limited to, content, decisions, predictions or 19
recommendations that can influence physical or virtual 20
environments. 21
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(b) "Licensee" means person licensed to provide 22
professional mental or behavioral health care. 23
(c) "Professional mental or behavioral health care" 24
means: 25
(i) The practice of counseling/psychotherapy as 26
defined in Section 73-30-3; 27
(ii) The practice of psychology as defined in 28
Section 73-31-3; 29
(iii) Social work practice and clinical social 30
work practice as defined in Section 73-53-3; 31
(iv) The practice of marriage and family therapy 32
as defined in Section 73-54-5; 33
(v) Practice as a licensed professional art 34
therapist as defined in Section 73-65-1; and 35
(vi) The practice of music therapy as defined in 36
Section 73-66-3. 37
(2) (a) Except as otherwise provided in this subsection, a 38
licensee may not use artificial intelligence in the practice of 39
professional mental or behavioral health care. 40
(b) Except as provided in paragraph (c) of this 41
subsection (2), licensee may use artificial intelligence to assist 42
in administrative or supplementary support services. 43
(i) Administrative and supplementary support 44
services include, but are not limited to, the following: 45
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1. Managing appointment scheduling and 46
reminders; 47
2. Drafting general communications related to 48
therapy logistics that do not involve therapeutic advice; 49
3. Processing billing and insurance claims; 50
4. Preparing and managing patient records; 51
5. Analyzing data for operational purposes; 52
or 53
6. Identifying and organizing external 54
resources or referrals for client use. 55
(ii) Administrative and supplementary support 56
services do not include: 57
1. Making independent therapeutic decisions; 58
2. Directly interacting with clients in any 59
form of therapeutic communication; 60
3. Generating therapeutic recommendations or 61
treatment plans without review and approval by the licensee; or 62
4. Detecting a person's emotional or mental 63
state. 64
(c) No licensed professional shall be permitted to use 65
artificial intelligence as described in items 4. through 6. of 66
paragraph (b)(i) of this subsection where the patient's 67
therapeutic session is recorded or transcribed unless: 68
(i) The patient or the patient's legally 69
authorized representative is informed in writing of the following: 70
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1. That the artificial intelligence will be 71
used; and 72
2. The specific purpose of the artificial 73
intelligence tool or system that will be used; 74
(ii) The patient or the patient's legally 75
authorized representative provides consent to the use of 76
artificial intelligence. 77
(d) The consent required under paragraph (c) of this 78
subsection (2) must be given by a clear, explicit affirmative act 79
that unambiguously communicates the individual's express, 80
informed, voluntary and specific written agreement, including a 81
written agreement provided by electronic means. Consent is 82
revocable by the patient at any time. Consent is not sufficient 83
for purposes of this section if obtained by: 84
(i) The acceptance of a general or broad terms of 85
use agreement or a similar document that contains descriptions of 86
artificial intelligence along with other unrelated information; 87
(ii) An individual hovering over, muting, pausing 88
or closing a given piece of digital content; or 89
(iii) An agreement obtained through the use of 90
deceptive actions. 91
(3) An individual, corporation or entity may not provide, 92
advertise or otherwise offer therapy or psychotherapy services, 93
including through the use of Internet-based artificial 94
intelligence, to the public in this state unless the therapy or 95
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psychotherapy services are conducted by an individual who is a 96
licensed professional. 97
(4) (a) A person who violates any provision of this section 98
is subject to a civil penalty of not more than Ten Thousand 99
Dollars ($10,000.00) per violation. The Attorney General may 100
investigate potential violations of this section and may bring a 101
civil action against a person alleged to be in violation of this 102
section. 103
(b) Nothing in this section shall be construed to prohibit: 104
(i) Any advertisement, statement or representation 105
for or relating to materials, literature and other products which 106
are meant to provide advice and guidance for self-help relating to 107
mental or behavioral health, if the material, literature or 108
product does not purport to offer or provide professional mental 109
or behavioral health care. 110
(ii) Offering or operating an artificial 111
intelligence system that is designed to be used by a provider of 112
professional mental or behavioral health care to perform tasks for 113
administrative and supplementary support services as provided in 114
subsection (2) of this section. 115
SECTION 2. Section 73-30-21, Mississippi Code of 1972, is 116
amended as follows: 117
73-30-21. (1) The board may, after notice and opportunity 118
for a hearing, suspend, revoke or refuse to issue or renew a 119
license or the privilege to practice or may reprimand the license 120
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holder or holder of the privilege to practice, upon a 121
determination by the board that such license holder or holder of 122
the privilege to practice or applicant for licensure or the 123
privilege to practice has: 124
(a) Been adjudged by any court to be mentally 125
incompetent or have had a guardian of person appointed; 126
(b) Been convicted of a felony; 127
(c) Sworn falsely under oath or affirmation; 128
(d) Obtained a license or certificate or the privilege 129
to practice by fraud, deceit or other misrepresentation; 130
(e) Engaged in the conduct of professional counseling 131
in a grossly negligent or incompetent manner; 132
(f) Intentionally violated any provision of this 133
article; 134
(g) Violated any rules or regulations of the 135
board; * * * 136
(h) Aided or assisted another in falsely obtaining a 137
license or the privilege to practice under this article * * *; or 138
(i) Used artificial intelligence in the practice of 139
professional mental or behavioral health care in a manner 140
prohibited by Section 1 of this act. 141
With regard to a refusal to issue a privilege to practice, 142
such refusal by the board shall be in accordance with the terms of 143
the Professional Counseling Compact instead of this subsection 144
(1). 145
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(2) Appeals from disciplinary action are to be brought in 146
the circuit court in the county of residence of the practitioner. 147
In the event the practitioner resides out of state the appeal 148
should be brought in Hinds County Circuit Court. 149
(3) The board may assess and levy upon any licensee, 150
practitioner or applicant for licensure or the privilege to 151
practice the costs incurred or expended by the board in the 152
investigation and prosecution of any licensure, privilege to 153
practice or disciplinary action, including, but not limited to, 154
the costs of process service, court reporters, expert witnesses, 155
investigators and attorney's fees. 156
(4) No revoked license or privilege to practice may be 157
reinstated within twelve (12) months after such revocation. 158
Reinstatement thereafter shall be upon such conditions as the 159
board may prescribe, which may include, without being limited to, 160
successful passing of the examination required by this article. 161
(5) A license or privilege to practice certificate issued by 162
the board is the property of the board and must be surrendered on 163
demand. 164
(6) The chancery court is * * * vested with the jurisdiction 165
and power to enjoin the unlawful practice of counseling and/or the 166
false representation as a licensed counselor in a proceeding 167
brought by the board or any members thereof or by any citizen of 168
this state. 169
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(7) In addition to the reasons specified in subsection (1) 170
of this section, the board shall be authorized to suspend the 171
license of any licensee for being out of compliance with an order 172
for support, as defined in Section 93-11-153. The procedure for 173
suspension of a license for being out of compliance with an order 174
for support, and the procedure for the reissuance or reinstatement 175
of a license suspended for that purpose, and the payment of any 176
fees for the reissuance or reinstatement of a license suspended 177
for that purpose, shall be governed by Section 93-11-157 or 178
93-11-163, as the case may be. If there is any conflict between 179
any provision of Section 93-11-157 or 93-11-163 and any provision 180
of this article, the provisions of Section 93-11-157 or 93-11-163, 181
as the case may be, shall control. 182
SECTION 3. Section 73-31-21, Mississippi Code of 1972, is 183
amended as follows: 184
73-31-21. (1) The board, by an affirmative vote of at least 185
four (4) of its seven (7) members, shall withhold, deny, revoke or 186
suspend any license issued or applied for in accordance with the 187
provisions of this article, or otherwise discipline a licensed 188
psychologist, upon proof that the applicant or licensed 189
psychologist: 190
(a) Has violated the current code of ethics of the 191
American Psychological Association or other codes of ethical 192
standards adopted by the board; or 193
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(b) Has been convicted of a felony or any offense 194
involving moral turpitude, the record of conviction being 195
conclusive evidence thereof; or 196
(c) Is using any substance or any alcoholic beverage to 197
an extent or in a manner dangerous to any other person or the 198
public, or to an extent that the use impairs his or her ability to 199
perform the work of a professional psychologist with safety to the 200
public; or 201
(d) Has impersonated another person holding a 202
psychologist license or allowed another person to use his or her 203
license; or 204
(e) Has used fraud or deception in applying for a 205
license or in taking an examination provided for in this article; 206
or 207
(f) Has accepted commissions or rebates or other forms 208
of remuneration for referring clients to other professional 209
persons; or 210
(g) Has performed psychological services outside of the 211
area of his or her training, experience or competence; or 212
(h) Has allowed his or her name or license issued under 213
this article to be used in connection with any person or persons 214
who perform psychological services outside of the area of their 215
training, experience or competence; or 216
(i) Is legally adjudicated mentally incompetent, the 217
record of that adjudication being conclusive evidence thereof; or 218
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(j) Has willfully or negligently violated any of the 219
provisions of this article. The board may recover from any person 220
disciplined under this article, the costs of investigation, 221
prosecution, and adjudication of the disciplinary action * * *; or 222
(k) Has used artificial intelligence in the practice of 223
professional mental or behavioral health care in a manner 224
prohibited by Section 1 of this act. 225
(2) Notice shall be effected by registered mail or personal 226
service setting forth the particular reasons for the proposed 227
action and fixing a date not less than thirty (30) days nor more 228
than sixty (60) days from the date of the mailing or that service, 229
at which time the applicant or licensee shall be given an 230
opportunity for a prompt and fair hearing. For the purpose of the 231
hearing, the board, acting by and through its executive secretary, 232
may subpoena persons and papers on its own behalf and on behalf of 233
the applicant or licensee, may administer oaths and may take 234
testimony. That testimony, when properly transcribed, together 235
with the papers and exhibits, shall be admissible in evidence for 236
or against the applicant or licensee. At the hearing, the 237
applicant or licensee may appear by counsel and personally in his 238
or her own behalf. Any person sworn and examined by a witness in 239
the hearing shall not be held to answer criminally, nor shall any 240
papers or documents produced by the witness be competent evidence 241
in any criminal proceedings against the witness other than for 242
perjury in delivering his or her evidence. On the basis of any 243
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such hearing, or upon default of applicant or licensee, the board 244
shall make a determination specifying its findings of fact and 245
conclusions of law. A copy of that determination shall be sent by 246
registered mail or served personally upon the applicant or 247
licensee. The decision of the board denying, revoking or 248
suspending the license shall become final thirty (30) days after 249
so mailed or served, unless within that period the applicant or 250
licensee appeals the decision to the chancery court, under the 251
provisions hereof, and the proceedings in chancery shall be 252
conducted as other matters coming before the court. All 253
proceedings and evidence, together with exhibits, presented at the 254
hearing before the board shall be admissible in evidence in court 255
in the appeal. 256
(3) The board may subpoena persons and papers on its own 257
behalf and on behalf of the respondent, may administer oaths and 258
may compel the testimony of witnesses. It may issue commissions 259
to take testimony, and testimony so taken and sworn to shall be 260
admissible in evidence for and against the respondent. The board 261
shall be entitled to the assistance of the chancery court or the 262
chancellor in vacation, which, on petition by the board, shall 263
issue ancillary subpoenas and petitions and may punish as for 264
contempt of court in the event of noncompliance therewith. 265
(4) Every order and judgment of the board shall take effect 266
immediately on its promulgation unless the board in the order or 267
judgment fixes a probationary period for the applicant or 268
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licensee. The order and judgment shall continue in effect unless 269
upon appeal the court by proper order or decree terminates it 270
earlier. The board may make public its order and judgments in 271
any manner and form as it deems proper. It shall, in event of the 272
suspension or revocation of a license, direct the clerk of the 273
circuit court of the county in which that license was recorded to 274
cancel that record. 275
(5) Nothing in this section shall be construed as limiting 276
or revoking the authority of any court or of any licensing or 277
registering officer or board, other than the Mississippi Board of 278
Psychology, to suspend, revoke and reinstate licenses and to 279
cancel registrations under the provisions of Section 41-29-311. 280
(6) Suspension by the board of the license of a psychologist 281
shall be for a period not exceeding one (1) year. At the end of 282
this period the board shall reevaluate the suspension, and shall 283
either reinstate or revoke the license. A person whose license 284
has been revoked under the provisions of this section may reapply 285
for a license after more than two (2) years have elapsed from the 286
date that the denial or revocation is legally effective. 287
(7) In addition to the reasons specified in subsection (1) 288
of this section, the board shall be authorized to suspend the 289
license of any licensee for being out of compliance with an order 290
for support, as defined in Section 93-11-153. The procedure for 291
suspension of a license for being out of compliance with an order 292
for support, and the procedure for the reissuance or reinstatement 293
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of a license suspended for that purpose, and the payment of any 294
fees for the reissuance or reinstatement of a license suspended 295
for that purpose, shall be governed by Section 93-11-157. Actions 296
taken by the board in suspending a license when required by 297
Section 93-11-157 or 93-11-163 are not actions from which an 298
appeal may be taken under this section. Any appeal of a license 299
suspension that is required by Section 93-11-157 or 93-11-163 300
shall be taken in accordance with the appeal procedure specified 301
in Section 93-11-157 or 93-11-163, as the case may be, rather than 302
the procedure specified in this section. If there is any conflict 303
between any provision of Section 93-11-157 or 93-11-163 and any 304
provision of this article, the provisions of Section 93-11-157 or 305
93-11-163, as the case may be, shall control. 306
(8) The board may issue a nondisciplinary, educational 307
letter to licensees as provided in Section 73-31-7(2)(g). The 308
board may also direct a psychologist to obtain a formal assessment 309
of ability to practice safely if there is reason to believe there 310
may be impairment due to substance abuse or mental incapacity. 311
Licensees who may be impaired, but who are able to practice 312
safely, may be required by the board to seek appropriate treatment 313
and/or supervision. That action by the board in itself will not 314
be considered disciplinary. 315
(9) The board may discipline any person who has been granted 316
the authority to practice interjurisdictional telepsychology or 317
the temporary authorization to practice under the Psychology 318
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Interjurisdictional Compact provided for under Section 73-31-51, 319
for any of the grounds specified in subsection (1) of this section 320
in the same manner as the board disciplines a licensed 321
psychologist under this section. 322
SECTION 4. Section 73-53-17, Mississippi Code of 1972, is 323
amended as follows: 324
73-53-17. (1) Individuals licensed by the board shall 325
conduct their activities, services and practice in accordance with 326
the laws governing their professional practice and any rules 327
promulgated by the board. Licensees and applicants may be subject 328
to the exercise of the sanctions enumerated in Section 73-53-23 if 329
the board finds that a licensee or applicant has committed any of 330
the following: 331
(a) Negligence in the practice or performance of 332
professional services or activities; 333
(b) Engaging in dishonorable, unethical or 334
unprofessional conduct of a character likely to deceive, defraud 335
or harm the public in the course of professional services or 336
activities; 337
(c) Perpetrating or cooperating in fraud or material 338
deception in obtaining or renewing a license or attempting the 339
same; 340
(d) Violating the rules and regulations established by 341
the board; 342
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(e) Violating the National Association of Social 343
Workers Code of Ethics or the American Association for Marriage 344
and Family Therapy Code of Ethics; 345
(f) Being convicted of any crime which has a 346
substantial relationship to the licensee's activities and services 347
or an essential element of which is misstatement, fraud or 348
dishonesty; 349
(g) Being convicted of any crime which is a felony 350
under the laws of this state or of the United States of America; 351
(h) Engaging in or permitting the performance of 352
unacceptable services personally due to the licensee's deliberate 353
or grossly negligent act or acts or failure to act, regardless of 354
whether actual damage or damages to the public is established, or 355
assuming responsibility for another's work by signing documents 356
without personal knowledge of the work as established by board 357
rule; 358
(i) Continued practice although the licensee has become 359
unfit to practice social work due to: (i) failure to keep abreast 360
of current professional theory or practice; or (ii) physical or 361
mental disability; the entry of an order or judgment by a court of 362
competent jurisdiction that a licensee is in need of mental 363
treatment or is incompetent shall constitute mental disability; or 364
(iii) addiction or severe dependency upon alcohol or other drugs 365
which may endanger the public by impairing the licensee's ability 366
to practice; 367
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(j) Continued practice although the individual failed 368
to renew and has a lapsed license; 369
(k) Having disciplinary action taken against the 370
licensee's license in another state; 371
(l) Making differential, detrimental treatment against 372
any person because of race, color, creed, sex, religion or 373
national origin; 374
(m) Engaging in lewd conduct in connection with 375
professional services or activities; 376
(n) Engaging in false or misleading advertising; 377
(o) Contracting, assisting or permitting unlicensed 378
persons to perform services for which a license is required under 379
this article; 380
(p) Violation of any probation requirements placed on a 381
licensee by the board; 382
(q) Revealing confidential information except as may be 383
required by law; 384
(r) Failing to inform clients of the fact that the 385
client no longer needs the services or professional assistance of 386
the licensee; 387
(s) Charging excessive or unreasonable fees or engaging 388
in unreasonable collection practices * * *; or 389
(t) Using artificial intelligence in the practice of 390
professional mental or behavioral health care in a manner 391
prohibited by Section 1 of this act. 392
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(2) The board may order a licensee to submit to a reasonable 393
physical or mental examination if the licensee's physical or 394
mental capacity to practice safely is at issue in a disciplinary 395
proceeding. 396
(3) Failure to comply with a board order to submit to a 397
physical or mental examination shall render a licensee subject to 398
the summary suspension procedures described in Section 73-53-23. 399
(4) In addition to the reasons specified in subsection (1) 400
of this section, the board shall be authorized to suspend the 401
license of any licensee for being out of compliance with an order 402
for support, as defined in Section 93-11-153. The procedure for 403
suspension of a license for being out of compliance with an order 404
for support, and the procedure for the reissuance or reinstatement 405
of a license suspended for that purpose, and the payment of any 406
fees for the reissuance or reinstatement of a license suspended 407
for that purpose, shall be governed by Section 93-11-157 or 408
93-11-163, as the case may be. If there is any conflict between 409
any provision of Section 93-11-157 or 93-11-163 and any provision 410
of this article, the provisions of Section 93-11-157 or 93-11-163, 411
as the case may be, shall control. 412
SECTION 5. Section 73-54-29, Mississippi Code of 1972, is 413
amended as follows: 414
73-54-29. Licensees subject to this chapter shall conduct 415
their activities, services and practice in accordance with this 416
chapter and any rules promulgated under this chapter. Licensees 417
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may be subject to the exercise of the disciplinary sanctions 418
enumerated in Section 73-53-23 if the board finds that a licensee 419
is guilty of any of the actions listed in Section 73-53-17(1) or 420
is guilty of any of the following: 421
(a) Violation of any provision of this chapter or any 422
rules or regulations of the board adopted under the provisions of 423
this chapter. 424
(b) Other just and sufficient cause which renders a 425
person unfit to practice marriage and family therapy as determined 426
by the board, but not limited to: 427
(i) Habitual use of alcohol or drugs to an extent 428
that affects professional competence; 429
(ii) Adjudication as being mentally incompetent by 430
a court of competent jurisdiction; 431
(iii) Practicing in a manner detrimental to the 432
public health and welfare; 433
(iv) Revocation of a license or certification by a 434
licensing agency or by a certifying professional organization; 435
(v) Any other violation of this chapter or the 436
code of ethical standards of the American Association for Marriage 437
and Family Therapy or other ethical standards adopted by the board 438
under the provisions of this chapter; * * * 439
(vi) Continued practice although the individual 440
failed to renew and has a lapsed license * * *; or 441
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(vii) Using artificial intelligence in the 442
practice of professional mental or behavioral health care in a 443
manner prohibited by Section 1 of this act. 444
SECTION 6. Section 73-65-13, Mississippi Code of 1972, is 445
amended as follows: 446
73-65-13. (1) The board may deny any application, or 447
suspend or revoke any license held or applied for under the 448
provisions of Section 73-65-7 if the person: 449
(a) Is found guilty of fraud, deceit, or 450
misrepresentation in procuring or attempting to procure a license 451
to practice art therapy; 452
(b) Is adjudicated mentally incompetent; 453
(c) Is found guilty of a felony or misdemeanor 454
involving moral turpitude; 455
(d) Is found guilty of unprofessional or unethical 456
conduct in this or any other jurisdiction; 457
(e) Has been using any controlled substance or 458
alcoholic beverage to an extent or in a manner dangerous to the 459
person, any other person, or the public, or to an extent that the 460
use impairs the ability to perform as a licensed professional art 461
therapist; 462
(f) Has violated any provision of this chapter; * * * 463
(g) Willfully or negligently divulges a professional 464
confidence * * *; or 465
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(h) Has used artificial intelligence in the practice of 466
professional mental or behavioral health care in a manner 467
prohibited by Section 1 of this act. 468
(2) A certified copy of the record of conviction shall be 469
conclusive evidence of the conviction. 470
(3) Disciplinary proceedings may be initiated upon the 471
receipt by the board of a sworn complaint by any person, including 472
members of the board. 473
SECTION 7. Section 73-66-17, Mississippi Code of 1972, is 474
amended as follows: 475
73-66-17. (1) The board may sanction a licensee for any of 476
the following acts: 477
(a) Ineligibility for licensure, including, but not 478
limited to, falsification of information submitted for licensure 479
or failure to maintain status as a board-certified music 480
therapist; 481
(b) Failure to pay fees when due; 482
(c) Failure to provide requested information in a 483
timely manner; 484
(d) Conviction of a felony; 485
(e) Conviction of any crime that reflects an inability 486
to practice music therapy with due regard for the health and 487
safety of clients and patients, or with due regard for the truth 488
in filing claims with Medicare, Medicaid or any third-party payor; 489
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(f) Inability or failure to practice music therapy with 490
reasonable skill and consistent with the welfare of clients and 491
patients, including, but not limited to, negligence in the 492
practice of music therapy; intoxication; incapacity; and abuse of 493
or engaging in sexual contact with a client or patient; * * * 494
(g) Disciplinary action by another 495
jurisdiction * * *;or 496
(h) Use of artificial intelligence in the practice of 497
professional mental health or behavioral health care in a manner 498
prohibited by Section 1 of this act. 499
(2) The department is authorized to conduct investigations 500
into allegations of conduct described in subsection (1) of this 501
section. 502
(3) The board may impose one or more of the following 503
sanctions upon a licensee for a violation of this chapter: 504
(a) Suspension of a license; 505
(b) Revocation of a license; 506
(c) Denial of a license; 507
(d) Refusal to renew a license; 508
(e) Probation with conditions; 509
(f) Reprimand; or 510
(g) A fine of not less than One Hundred Dollars 511
($100.00) or more than One Thousand Dollars ($1,000.00) for each 512
violation. 513
H. B. No. 1720 *HR43/R1936* ~ OFFICIAL ~
26/HR43/R1936
PAGE 22 (ELS\KP)
ST: Artificial intelligence; prohibit use in
provision of professional mental and behaioral
health care.
SECTION 8. This act shall take effect and be in force from 514
and after July 1, 2026. 515