In one paragraph
Colorado's HB 26-1195 limits how licensed mental health professionals and others lawfully providing psychotherapy use AI. They may use it for administrative and supplementary support (e.g. scheduling, billing) if they stay responsible for reviewing its outputs, but may not let AI engage in therapeutic communication with clients without their synchronous, real-time participation or generate therapeutic recommendations or treatment plans without their approval. AI recording or transcription of sessions needs advance written notice and consent. No one may present AI as psychotherapy, therapist-equivalent or therapist-confidential. Signed June 3, 2026 (Chapter 358); effective August 12, 2026.
Plain-English summary, written with AI assistance. The official text controls.
What it means for business
From Aug. 12, 2026: therapists must review AI outputs, may not let AI hold therapeutic conversations without taking part in real time, and need written consent for AI recording or transcription; no one may present AI as psychotherapy, therapist-equivalent or therapist-confidential.
Key provisions
- Permitted use (C.R.S. 12-245-224.5): AI may assist with administrative support (scheduling and reminders, billing and insurance claims, logistics messages without therapeutic advice) and supplementary support (client records and therapy notes, progress analysis, referrals, structured wellness data collection) if the professional remains responsible for reviewing its outputs; HIPAA and other privacy and security laws apply
- AI recording or transcription of a therapy session requires telling the client (or legally authorized representative) in advance in writing that AI will be used and for what specific purpose, and the client's written consent; refusing or revoking consent cannot be a reason to deny services
- Consent is needed once, for the first use on or after the effective date, unless the purpose or manner of use materially changes; it must be explicit and revocable and cannot come from accepting broad terms of use, hovering over, muting or closing content, or deception
- Professionals may not allow AI to interact with clients in any therapeutic communication without synchronous, real-time interaction among the professional, the AI and the client, or to generate therapeutic recommendations or treatment plans without the professional's review and approval; they must give clients written information on these limits at the initial contact
- Noncompliance by a licensee, registrant or certificate holder is a violation of the mental health practice article (C.R.S. 12-245-224(1)(y))
- C.R.S. 6-1-1705.2: no person may use any term, letter or phrase in an AI system's advertising, interface or outputs that indicates or implies its output is provided by, endorsed by or equivalent to a licensed psychotherapist, represents that it provides psychotherapy services, or represents user data as confidential in a way a reasonable user would equate with therapist-client confidentiality. It sits in Part 17 of the Colorado Consumer Protection Act, where (under 6-1-1706 and 6-1-105(1)(hhhh), as enacted by SB 24-205) the Attorney General has exclusive enforcement authority and a violation is an unfair trade practice; SB 26-189 repeals and reenacts Part 17 effective January 1, 2027 without listing 6-1-1705.2. The section imposes no liability on professionals for AI defects attributable to the developer or deployer, whose liability is governed by consumer protection law
- Exceptions: accredited or approved education and training programs (not marketed for use with clients; clinical content reviewed by a licensed individual), IRB-overseen research not offered to consumers, and wellness tools or FDA-authorized behavioral health tools that do not diagnose or treat mental health disorders and clearly disclose they are not a substitute for clinical care
- Signed by the Governor June 3, 2026 (Chapter 358, Session Laws of Colorado 2026); effective August 12, 2026, for actions taken on or after that date
Latest legislative action
Jun 3, 2026. Governor Signed
Sponsors (showing 5 of 46)
| Name | Role |
|---|---|
| A. Benavidez | Cosponsor |
| A. Boesenecker | Cosponsor |
| A. Flanell | Cosponsor |
| A. Paschal | Cosponsor |
| B. Bradley | Cosponsor |
Topics and industries
Related topics
Affected industries
This page is general information, not legal advice. Summaries are AI-assisted and may contain errors; read the statute for the controlling text and talk to a lawyer about your situation. Full disclaimer · Report an error