SC S0788: Artificial Intelligence and Therapy or Psychotherapy

In one paragraph

South Carolina's S 788 (committee-amended text of April 28, 2026) would add Chapter 86 to Title 40. A licensed professional could not use AI for supplementary support in therapy where the session is recorded or transcribed unless the patient is told in writing that AI will be used and why and gives written consent. No one could knowingly and intentionally offer therapy to the public, including through internet-based AI, unless a licensed professional conducts it, and professionals could not let AI make independent therapeutic decisions. Licensing boards would assess civil penalties up to $10,000 per violation. It passed the Senate and is in a House committee; not enacted.

Plain-English summary, written with AI assistance. The official text controls.

What it means for business

None yet: the bill has not been enacted. If enacted, therapists and companies offering AI-based therapy would need a licensed professional, written patient consent for AI in recorded sessions, and would face civil penalties up to $10,000 per violation.

Key provisions

1. 1Would add Title 40, Chapter 86; AI means any machine-based system or algorithm, including machine learning, predictive analytics and decision support systems, that analyzes data and generates recommendations or predictions
2. 2Section 40-86-20: a licensed professional would not be permitted to use AI for supplementary support in therapy where the session is recorded or transcribed unless the patient (or legally authorized representative) is informed in writing that AI will be used and for what specific purpose, and gives written consent
3. 3Section 40-86-30: an individual, corporation or entity could not knowingly and intentionally provide, advertise or offer therapy or psychotherapy to the public, including through internet-based AI, unless a licensed professional conducts it
4. 4A licensed professional could not allow AI to make independent therapeutic decisions, directly interact with clients in therapeutic communication, generate therapeutic recommendations or treatment plans without the professional's review and approval, or detect emotions or mental states
5. 5Records and communications would be confidential except as required under Section 44-22-100; religious counseling, peer support and public self-help or educational materials that do not purport to offer therapy would be exempt
6. 6Civil penalty up to $10,000 per violation, set by the licensing board based on harm and circumstances and payable within 60 days; the board could investigate suspected violations
7. 7Would take effect upon approval by the Governor (Section 7)
8. 8Status: passed the Senate 44-0 (second reading April 28, 2026), sent to the House April 29 and referred April 30, 2026 to the House Medical, Military, Public and Municipal Affairs Committee; not enacted

Latest legislative action

Apr 30, 2026. Referred to Committee on Medical, Military, Public and Municipal Affairs

Sponsors

Roll call votes