Read the full stored bill text
2025-2026 Bill 788: Artificial Intelligence and Therapy or Psychotherapy - South Carolina Legislature Online
South Carolina General Assembly
126th Session, 2025-2026
Download
This Bill
in Microsoft Word Format
Indicates Matter Stricken
Indicates New Matter
S. 788
STATUS INFORMATION
General Bill
Sponsors: Senators Blackmon, Stubbs and Leber
Document Path: SR-0473KM26.docx
Introduced in the Senate on January 13, 2026
Introduced in the House on April 30, 2026
Last Amended on April 28, 2026
Currently residing in the House Committee on
Medical, Military, Public and Municipal Affairs
Summary: Artificial Intelligence and Therapy or Psychotherapy
HISTORY OF LEGISLATIVE ACTIONS
Date
Body
Action Description with journal page number
1/13/2026
Senate
Introduced and read first time (
Senate Journal-page 53
)
1/13/2026
Senate
Referred to Committee on
Labor, Commerce and Industry
(
Senate Journal-page 53
)
3/31/2026
Senate
Committee report: Favorable with amendment
Labor, Commerce and Industry
(
Senate Journal-page 17
)
4/28/2026
Senate
Committee Amendment Adopted (
Senate Journal-page 34
)
4/28/2026
Senate
Read second time (
Senate Journal-page 34
)
4/28/2026
Senate
Roll call Ayes-44 Nays-0 (
Senate Journal-page 34
)
4/29/2026
Senate
Read third time and sent to House (
Senate Journal-page 30
)
4/30/2026
House
Introduced and read first time (
House Journal-page 155
)
4/30/2026
House
Referred to Committee on
Medical, Military, Public and Municipal Affairs
(
House Journal-page 155
)
View the latest
legislative information
at the website
VERSIONS OF THIS BILL
01/13/2026
03/31/2026
04/28/2026
Indicates Matter
Stricken
Indicates New Matter
Committee Amendment Adopted
April 28, 2026
S. 788
Introduced
by Senators Blackmon, Stubbs and Leber
S. Printed 4/28/26--S.
Read the first time January 13, 2026
________
A bill
TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING ARTICLE
5 TO CHAPTER 1, TITLE 40, SO AS TO PROVIDE DEFINITIONS RELATED TO ARTIFICIAL
INTELLIGENCE AND THERAPY OR PSYCHOTHERAPY; TO PROVIDE THAT A LICENSED
PROFESSIONAL SHALL NOT BE PERMITTED TO USE ARTIFICIAL INTELLIGENCE TO ASSIST IN
PROVIDING SUPPLEMENTARY SUPPORT IN THERAPY OR PSYCHOTHERAPY WHERE THE CLIENT'S
THERAPEUTIC SESSION IS RECORDED UNLESS THE PATIENT IS INFORMED THAT ARTIFICIAL
INTELLIGENCE WILL BE USED AND FOR WHAT PURPOSE AND THE PATIENT CONSENTS TO THIS
USE; TO PROVIDE THAT AN INDIVIDUAL, CORPORATION, OR ENTITY MAY NOT OFFER
THERAPY OR PSYCHOTHERAPY SERVICES, INCLUDING THROUGH THE USE OF INTERNET-BASED
ARTIFICIAL INTELLIGENCE, UNLESS THE THERAPY OR PSYCHOTHERAPY SERVICES ARE
CONDUCTED BY A LICENSED PROFESSIONAL; TO PROVIDE THAT A LICENSED PROFESSIONAL
MAY NOT ALLOW ARTIFICIAL INTELLIGENCE TO MAKE INDEPENDENT THERAPEUTIC
DECISIONS; TO REQUIRE THAT ALL RECORDS KEPT BY A LICENSED PROFESSIONAL BE KEPT
CONFIDENTIAL; TO PROVIDE EXCEPTIONS; AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Amend Title To Conform
B
e it enacted by the
General Assembly of the State of South Carolina:
S
ECTION 1.
T
itle 40 of the S.C. Code is amended by adding:
C
HAPTER 86
A
rtificial Intelligence and Therapy or Psychotherapy
S
ection
40-86-10
.
F
or the purposes of this chapter:
(
1)
"Administrative support" means tasks performed to assist a licensed
professional in the delivery of therapy or psychotherapy services that do not
involve communication. "Administrative support" includes, but is not limited
to:
(
a)
managing appointment scheduling and reminders;
(
b)
processing billing and insurance claims; and
(
c)
drafting general communications related to therapy logistics that do not
include therapeutic devices.
(
2)
"Artificial intelligence" means any machine-based system or algorithm,
including machine learning models, predictive analytics, and decision support
systems, that analyze data and generate recommendations or predictions.
(
3)
"Licensed professional" means an individual who holds a valid license issued by
this State to provide therapy or psychotherapy services, including:
(
a)
a licensed clinical psychologist;
(
b)
a licensed clinical social worker;
(
c)
a licensed social worker;
(
d)
a licensed psychiatrist;
(
e)
a licensed professional counselor;
(
f)
a licensed marriage and family therapist;
(
g)
addiction counselor; and
(
h)
any other professional authorized by this State to provide therapy or
psychotherapy services.
(
4)
"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.
(
5)
"Permitted use of artificial intelligence" means the use of artificial
intelligence tools or systems by a licensed professional to assist in providing
administrative support or supplementary support in therapy or psychotherapy
services where the licensed professional maintains full responsibility for all
interactions, outputs, and data use associated with the system and satisfies
the requirements of Section
40-86-20
.
(
6)
"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 services, therapy, or psychotherapy
services.
(
7)
"Supplemental 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.
"Supplemental support" includes, but is not limited to:
(
a)
preparing and maintaining client records, including therapy notes;
(
b)
analyzing anonymized data to track client progress or identify trends, subject
to review by a licensed professional; and
(
c)
identifying and organizing external resources or referrals for client use.
(
8)
"Therapeutic communication" means any verbal, non-verbal, 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:
(
a)
directing interactions with clients for the purpose of understanding or
reflecting their thoughts, emotions, or experiences;
(
b)
providing guidance, therapeutic strategies, or interventions designed to
achieve mental health outcomes;
(
c)
offering emotional support, reassurance, or empathy in response to
psychological or emotional distress;
(
d)
collaborating with clients to develop or modify therapeutic goals or treatment
plans; and
(
e)
offering behavioral feedback intended to promote psychological growth or
address mental health conditions.
(
9)
"Therapy or psychotherapy services" means services provided with the intention
to diagnose or treat an individual's mental health or behavioral health.
"Therapy or psychotherapy services" does not include religious counseling or
peer support.
S
ection
40-86-20
.
A
licensed professional shall not be
permitted to use artificial intelligence to assist in providing supplementary
support in therapy or psychotherapy where the client's therapeutic session is
recorded or transcribed unless:
(
1)
the patient or the patient's legally authorized representative is informed in
writing:
(
a)
that artificial intelligence will be used; and
(
b)
of the specific purpose for which the artificial intelligence tool or system
will be used; and
(
2)
the patient or the patient's legally authorized representative provides written
consent to the use of artificial intelligence.
S
ection
40-86-30
.
(
A) An individual,
corporation, or entity may not knowingly and intentionally provide, advertise,
or otherwise offer therapy or psychotherapy services, including through the use
of internet-based artificial intelligence, to the public in this State unless
the therapy or psychotherapy services are conducted by a licensed professional.
(
B) A
licensed professional may use artificial intelligence only to the extent the
use meets the requirements of Section
40-86-20
. A licensed professional may not
allow artificial intelligence to:
(
1)
make independent therapeutic decisions;
(
2)
directly interact with clients in any form of therapeutic communication;
(
3)
generate therapeutic recommendations or treatment plans without review and
approval by the licensed professional; or
(
4)
detect emotions or mental states.
S
ection
40-86-40
. All records kept by a licensed professional and all communications
between an individual seeking therapy or psychotherapy services and a licensed
professional shall be confidential and shall not be disclosed except as
required pursuant to Section
44-22-100
.
S
ection
40-86-50
.
T
he provisions contained in this chapter
do not apply to:
(
1)
religious counseling;
(
2)
peer support; and
(
3)
self-help materials and educational resources that are available to the public
and do not purport to offer therapy or psychotherapy services.
S
ection
40-86-60
.
A
civil penalty, in an amount not to
exceed ten thousand dollars, shall be assessed by the appropriate licensing
board for each violation of this chapter. The amount of the penalties assessed
shall be based on the degree of harm and the circumstances of the violation. An
individual, corporation, or entity found in violation of this chapter shall pay
the civil penalty within sixty days of the imposed civil penalty.
(
B) A
licensed professional's licensing board shall have authority to investigate any
actual, alleged, or suspected violation of this chapter.
S
ECTION 2.
A
rticle 1, Chapter 47, Title 40 of the S.C. Code is
amended by adding:
S
ection
40-47-39
. The use of artificial intelligence by a psychiatrist or other
medical professionals licensed or authorized under Chapter 47, Title 40 is
permissible only to the extent outlined in Chapter 86, Title 40.
S
ECTION 3.
A
rticle 1, Chapter 55, Title 40 of the S.C. Code is
amended by adding:
S
ection
40-55-200
. The use of artificial intelligence by a psychologist licensed or
authorized under Chapter 55, Title 40 is permissible only to the extent
outlined in Chapter 86, Title 40.
S
ECTION 4.
A
rticle 1, Chapter 63, Title 40 of the S.C. Code is
amended by adding:
S
ection
40-63-310
. The use of artificial intelligence by a social worker or other
professionals licensed or authorized under Chapter 63, Title 40 is permissible
only to the extent outlined in Chapter 86, Title 40.
S
ECTION 5.
C
hapter 75, Title 40 of the S.C. Code is amended by
adding:
A
rticle 8
A
rtificial Intelligence Use Limitations
S
ection
40-75-1210
. The use of artificial intelligence by a professional licensed or
authorized under Chapter 75, Title 40 is permissible only to the extent
outlined in Chapter 86, Title 40.
S
ECTION 6. If any section, subsection,
paragraph, subparagraph, sentence, clause, phrase, or word of this act is for
any reason held to be unconstitutional or invalid, such holding shall not
affect the constitutionality or validity of the remaining portions of this act,
the General Assembly hereby declaring that it would have passed this act, and
each and every section, subsection, paragraph, subparagraph, sentence, clause,
phrase, and word thereof, irrespective of the fact that any one or more other
sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases,
or words hereof may be declared to be unconstitutional, invalid, or otherwise
ineffective.
S
ECTION 7. This act takes effect upon approval
by the Governor.
----XX----
This web page was last updated on April 28, 2026 at 6:08 PM