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Overview of State AI Laws for Behavioral Health and IDD Organizations

By Michael Arevalo, Psy.D., PMP | Last updated: Oct. 29, 2026

Reviewed periodically. Information reflects laws we identified as of the date above and may not include later enactments, amendments, or rules.

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About This Resource
      

About this Resource

State AI laws for behavioral health set rules for how licensed providers may use artificial intelligence in care and who may offer AI-delivered therapy. Core Solutions maintains this resource so behavioral health and IDD leaders can find current requirements in one place. Depending on each state’s definitions, some of these requirements may apply to IDD providers that deliver behavioral health services. It covers statutes that regulate how licensed providers use AI in behavioral health care or that target AI in mental health services specifically. Broader legislation touching on mental health appears under Related Laws. Payer and prior authorization rules are excluded. Statutes are only part of the picture. Licensing boards may issue rules or guidance, and existing federal and state laws, including HIPAA, 42 CFR Part 2, informed consent, recording consent, and professional conduct rules, continue to apply to AI use whether or not a state appears here.

This is a general informational resource, not legal advice, and is not an official or complete source of law. Laws, effective dates, and agency rules change, and summaries here may not reflect every requirement or exception. Before acting, review the official statute text on your state legislature’s website, check guidance from your state licensing board, and consult qualified legal counsel.

        
      
        

Which States Have AI Laws for Behavioral Health Providers?

As of Oct. 29, 2026, Colorado, Illinois, Maine, Nevada, Rhode Island, Tennessee, Texas, Utah, and Vermont have laws addressing AI in behavioral health care. The laws vary in scope. Most address how licensed providers may use AI, generally setting conditions on its use, such as limiting AI to administrative or supplementary tasks and requiring clinician review. Others regulate how AI tools are marketed or how mental health chatbots handle user data.

     

State-by-State Overview

State Law Status Effective Entities addressed What it requires
Colorado HB 26-1195 Enacted Aug. 12, 2026 Psychotherapy providers; anyone presenting AI as therapy AI therapeutic communication only with the clinician participating in real time; written consent to record or transcribe sessions
Illinois HB 1806 Enacted Aug. 1, 2025 Licensed providers; anyone offering therapy No AI therapy without a licensed professional; clinician use limited to administrative and supplementary support
Maine LD 2082 Enacted July 29, 2026 Licensed providers; anyone offering therapy AI limited to administrative and supplementary support; written consent and data-use disclosure for AI in recorded sessions
Nevada AB 406 Enacted July 1, 2025 Licensed providers; public schools; AI providers No AI delivering mental or behavioral health care directly to patients; administrative use permitted with provider review of AI-generated notes and billing records
Rhode Island S 2197; S 2570 Enacted June 22, 2026 Licensed providers; health care facilities; anyone offering therapy No AI therapy or AI treatment decisions; notice and clinician review when AI documents a visit
Tennessee SB 1580 Enacted July 1, 2026 AI developers and deployers No advertising AI as a qualified mental health professional
Texas SB 1188; HB 149 Enacted Sept. 1, 2025; Jan. 1, 2026 Health care practitioners and providers Disclosure of AI use in health care services and treatment; clinician review of AI-generated records when AI is used for diagnosis
Utah HB 452 Enacted May 7, 2025 Mental health chatbot suppliers Mental health chatbots must disclose AI use; limits on data sharing and in-chat advertising
Vermont H.816 Enacted June 17, 2026 Mental health professionals; organizations offering services No AI-only mental health services; HIPAA-compliant AI tools permitted with clinician review and approval
California SB 903 Vetoed N/A N/A Would have barred AI chatbot therapy and required consent for AI session recording
New York S 8484 Not enacted (session ended) N/A N/A Would limit AI in therapy to administrative and supplementary support

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Where State AI Laws Overlap

Each state takes its own approach, but several requirements appear in more than one law.

Which States Set Conditions on Clinicians’ Use of AI?

Colorado, Illinois, Maine, Nevada, Rhode Island, Texas, and Vermont permit AI to assist behavioral health providers under conditions such as clinician review, approval, or responsibility for AI-assisted work.

Which States Limit AI Therapy?

Illinois, Maine, and Rhode Island bar offering therapy through AI unless a licensed professional provides it, and Vermont requires a mental health professional. Nevada bars AI from providing professional mental and behavioral health care.

Which States Require Consent or Notice for AI Documentation?

Colorado, Illinois, and Maine require written consent before AI is used in connection with a recorded or transcribed therapy session. Whether a specific tool, such as an ambient documentation or scribe tool, falls within these requirements depends on each statute’s definitions. Rhode Island requires consent for certain AI tools and notice when AI documents a visit. Texas requires disclosure when AI is used in health care services or treatment.

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AI Laws by State

Each summary covers the law's core requirements and links to the full statute text.

Colorado AI Law for Behavioral Health (HB 26-1195)

Signed June 3, 2026 | Effective Aug. 12, 2026

Colorado's HB 26-1195 lets psychotherapy providers use AI for administrative and supplementary support, such as scheduling, notes, and progress tracking, as long as they review its outputs. AI may not engage in therapeutic communication unless the clinician participates in real time, and it may not generate treatment plans without clinician approval. Recording or transcribing a session with AI requires advance written notice and consent. Consent is needed once unless the tool's purpose or manner of use changes materially, may be revoked, and declining cannot be grounds to deny care. Providers must also give individuals written information about these limits at first contact. The law also bars presenting AI in advertising, interfaces, or outputs as providing psychotherapy or as equivalent to a licensed professional. The law includes exemptions, such as for certain research and self-help tools; see the statute for details.

Read the statute

Illinois AI Law for Behavioral Health (HB 1806)

Signed Aug. 1, 2025 | Effective Aug. 1, 2025

Illinois' HB 1806, the Wellness and Oversight for Psychological Resources Act, allows therapy to be offered to the public only when a licensed professional conducts it. Licensed professionals may use AI for administrative and supplementary support if they keep full responsibility for its outputs and data use. AI may not make independent therapeutic decisions, communicate therapeutically with individuals, generate treatment plans without professional review and approval, or detect emotions or mental states. Using AI for supplementary support in a recorded or transcribed session requires written notice and consent, separate from general terms of use.

Read the statute

Maine AI Law for Behavioral Health (LD 2082)

Signed April 13, 2026 | Effective July 29, 2026

Maine's LD 2082 lets licensed professionals use AI for administrative and supplementary support if they keep full responsibility for its outputs and data use. Using AI for supplementary support in a recorded or transcribed session requires written consent. Before consenting, the individual must be told the tool's purpose and how session data will be stored, used for training, and deleted. AI may not make independent therapeutic decisions, communicate therapeutically with individuals, or generate treatment plans without review and approval. Care cannot be denied to someone who declines consent. The law also bars offering AI therapy to the public without a licensed professional.

Read the statute

Nevada AI Law for Behavioral Health (AB 406)

Signed June 5, 2025 | Effective July 1, 2025

Nevada's AB 406 bars providers from using AI to deliver mental and behavioral health care directly to a patient. AI is permitted for administrative support, including scheduling, records, billing, operational data analysis, and organizing session notes. Providers must independently review AI-generated billing records and session notes for accuracy. AI companies may not offer systems programmed to provide professional mental health care or claim they can.

Read the statute

Rhode Island AI Laws for Behavioral Health (S 2197, S 2570)

S 2197, Oversight of Artificial Intelligence Technology in Mental Health Care Act | Signed June 22, 2026 | Effective June 22, 2026

Rhode Island's S 2197 permits therapy only when a licensed professional conducts it. Licensed professionals may use AI for administrative and supplementary support while keeping responsibility for clinical judgment. AI may not make independent therapeutic decisions or determine treatment plans. The law also requires written notice and consent before certain AI tools, including AI companions, are used in a recorded or transcribed session. The law includes an exemption for certain FDA-cleared tools; see the statute for scope.

S 2570, Use of Artificial Intelligence by Healthcare Providers Notification Act | Signed June 22, 2026 | Effective June 22, 2026

Rhode Island's S 2570 requires providers and facilities that use AI to document in-person or telehealth visits to notify individuals of that use and review the AI-generated documentation for accuracy after the visit.

Read S 2197 | Read S 2570

Tennessee AI Law for Behavioral Health (SB 1580)

Signed April 1, 2026 | Effective July 1, 2026

Tennessee's SB 1580 bars anyone who develops or deploys an AI system from advertising or representing it as a qualified mental health professional. Violations fall under the Tennessee Consumer Protection Act. The law focuses on how AI tools describe themselves, not how clinicians use AI.

Read the statute

Texas AI Laws Affecting Behavioral Health (SB 1188, HB 149)

SB 1188 | Signed June 20, 2025 | Effective Sept. 1, 2025

HB 149, Texas Responsible Artificial Intelligence Governance Act | Signed June 22, 2025 | Effective Jan. 1, 2026

Texas’ SB 1188 addresses practitioners’ use of AI for diagnostic purposes, including recommending a diagnosis or course of treatment, subject to conditions: They must act within their scope of license, disclose the use to individuals, and review AI-generated records. Texas' HB 149 adds a separate requirement: Providers must disclose AI use in a health care service or treatment no later than the date the service or treatment is first provided, with an exception for emergencies. Both laws apply across health care, including behavioral health.

Read SB 1188 | Read HB 149

Utah AI Law for Behavioral Health (HB 452)

Signed March 25, 2025 | Effective May 7, 2025

Utah's HB 452 requires suppliers of mental health chatbots to disclose that users are interacting with AI. With limited exceptions, they may not sell or share individuals' health information or chat inputs, and they face limits on advertising within conversations. The law regulates chatbot suppliers, not clinicians' use of AI.

Vermont AI Law for Behavioral Health (H.816)

Signed June 17, 2026 | Effective June 17, 2026

Vermont's H.816 bars organizations from offering mental health services, including through AI, unless a mental health professional provides them. Professionals may use HIPAA-compliant AI tools within their scope of practice if they review and approve any mental health services. The law's definition of mental health professional includes applied behavior analysts and peer support providers. Violations by organizations fall under the Consumer Protection Act, and violations by professionals count as unprofessional conduct.

Read the statute

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Pending and Vetoed Bills

California SB 903 was vetoed Sept. 30, 2026. It would have barred offering psychotherapy through AI chatbots, limited clinicians' AI use to administrative and supplementary support, and required consent before AI recorded or transcribed a session. The governor called the bill overly broad, and its author plans to reintroduce it in the 2027-28 session.

New York S 8484, Oversight of Technology in Mental Health Care Act, would limit AI in therapy to administrative and supplementary support. The 2026 session adjourned with the bill not enacted, so it would need to be reintroduced in 2027. Read the bill

Most legislatures convene in January, when the next round of bills is introduced.

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Related Laws

These laws apply beyond behavioral health but affect how AI tools describe themselves or respond to users in crisis. This list highlights major examples and is not exhaustive.

  • California SB 243 (effective Jan. 1, 2026): disclosure, crisis protocols, and protections for minors in companion chatbots
  • California AB 489 (effective Jan. 1, 2026): bars AI from implying it holds a health care license
  • New York General Business Law Article 47 (effective Nov. 5, 2025): crisis detection and referral, plus non-human disclosure for AI companions
  • Oregon SB 1546 (effective Jan. 1, 2027): disclosure and crisis protocols for AI companions, with a private right of action
  • Rhode Island S 2195 (effective Jan. 1, 2027): disclosure, crisis protocols, and annual reporting for AI companions

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AI Resources for Behavioral Health Leaders

The Behavioral Health Leader's Guide to Ethically Built AI
The Behavioral Health Leader's Guide to Ethically Built AI
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The Behavioral Health Leader's Guide to Ethically Built AI

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Beyond Ambient: An AI Governance Framework for Behavioral Health Leaders
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Beyond Ambient: An AI Governance Framework for Behavioral Health Leaders

Watch our webinar to learn how behavioral health leaders can effectively govern AI adoption, ensuring ethical use and measurable outcomes in clinical care.

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About the Author

Mike Arevalo-1
Author

Michael Arevalo, Psy.D., PMP

Mike Arevalo, Psy.D., is a licensed clinical psychologist with extensive experience providing evidence-based treatment and integrating clinical best practices in multiple clinical settings, including community mental health organizations, private practice, university counseling centers, and major healthcare systems such as the VA and Kaiser Permanente. He has a deep commitment to advancing behavioral health through digital innovation and data- driven care. He's led efforts to enhance clinical quality, clinician workflows and decision-making, and optimize patient care within digital therapeutics and national provider network groups.