CO HB 1195: Psychotherapy AI Restrictions, unlawful for entities to offer services without regulated professionals, allows AI for administrative and supplementary support.
If you use AI in psychotherapy, ensure compliance with restrictions or face disciplinary actions.
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What This Means
Psychotherapy AI Restrictions — Track this CO bill and its compliance implications at AI Laws by State. The bill makes it unlawful for any entity to offer psychotherapy services unless provided by a regulated professional, prohibits AI from detecting emotions or mental states except for educational, administrative, simulation, or training purposes, and generating treatment plans without professional review, requires written, informed consent for AI use in recording or transcribing therapy sessions, allows AI in educational, administrative, simulation, or training settings with oversight, mandates compliance with privacy laws, and restricts AI marketing to avoid client use. AI systems cannot directly interact with clients without synchronous, real-time interaction involving a regulated professional.
Key Provisions
- Prohibits AI use for direct client interaction without synchronous, real-time interaction involving a regulated professional.
- Requires written, informed consent for AI use in recording or transcribing therapy sessions.
- Allows AI for administrative and supplementary support with professional oversight.
- Bans AI-generated treatment plans without professional review.
- Exempts educational, administrative, simulation, and research uses of AI from certain restrictions, allowing AI in educational programs and research under oversight, provided it is not marketed for client use.
- Unfair trade practice to imply AI systems' outputs are endorsed by regulated professionals, equivalent to psychotherapy services, or confidential.
- Makes it unlawful for any entity to offer psychotherapy services unless provided by a regulated professional.
- Allows AI use for self-help, coaching, guided meditation, or wellness tools that do not diagnose or treat mental health disorders and disclose they are not substitutes for clinical care.
- Prohibits AI systems from detecting emotions or mental states except for educational, administrative, simulation, or training purposes.
- AI use must comply with state and federal privacy and security laws.
- Disciplinary action may be taken against professionals violating the bill's prohibitions.
Latest Legislative Action
House Considered Senate Amendments - Result was to Concur - Repass
Bill Sponsors (showing 5 of 46)
| Name | Role |
|---|---|
| A. Benavidez | Cosponsor |
| A. Boesenecker | Cosponsor |
| A. Flanell | Cosponsor |
| A. Paschal | Cosponsor |
| B. Bradley | Cosponsor |
Compliance Checklist
Who: Licensed mental health professionals
Penalty: Disciplinary action from regulatory boards
Who: Regulated professionals
Penalty: Disciplinary action from regulatory boards
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