AI Laws
State Healthcare / Mental Health: Every U.S. Law Tracked (12)
Laws governing AI use in healthcare, mental health treatment, and psychotherapy. Maintained by Stauss PLLC. Last reviewed August 2026.
Laws tracked in this category12
| State | Law |
|---|---|
| California | California Healthcare Communications AI Law |
What You Need to KnowThe law requires certain healthcare providers to disclose to patients if they use generative AI for written or verbal patient communications pertaining to patient clinical information. The disclosure must include instructions for how patients can contact a human health care provider, employee of the health facility, clinic, physician's office, or office of a group provider, or other appropriate person. The disclosure does not need to be made if the generative AI communication was read and reviewed by a licensed or certified human health care provider. | |
| Colorado | Colorado Psychotherapy AI Law |
What You Need to KnowThe law regulates the use of AI in providing psychotherapy services. Among other things, regulated professionals are prohibited from allowing AI systems to interact with clients in any form of therapeutic communication without synchronous, real-time interaction between the regulated professional, the AI system, and the client. AI systems also cannot be used to generate therapeutic recommendations or treatment plans without review and approval by the regulated professional. Subject to certain exceptions, regulated professionals cannot use AI systems to provide, direct, or guide psychotherapy, clinical intervention, counseling, diagnosis, treatment planning, or other activity that constitutes the practice of psychotherapy with an individual or group unless the use satisfies the conditions specified in the law. Regulated professionals can use AI systems to assist in providing administrative support or supplementary support for psychotherapy services if the regulated professional maintains responsibility for reviewing any outputs. If a client's therapeutic session will be recorded or transcribed through the use of an AI system, the regulated professional must disclose in advance the use of an AI system and the purposes for its use, and obtain written, informed consent from the client. | |
| Illinois | Illinois Wellness and Oversight for Psychological Resources Act |
What You Need to KnowThe law prohibits individuals, corporations, and entities from providing, advertising, or otherwise offering therapy or psychotherapy services, including through the use of AI, unless the therapy or psychotherapy services are conducted by an individual who is a licensed professional. Licensed professionals cannot allow AI 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 their review and approval; or (4) detect emotions or mental states. Licensed professionals can use AI tools or systems 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. If AI is used to provide supplementary support in therapy or psychotherapy where the client's therapeutic session is recorded or transcribed, the patient or the patient's legally authorized representative must be informed in writing that AI will be used and of the specific purpose for its use, and the patient or the patient's legally authorized representative must consent to the use of AI. | |
| Louisiana | Louisiana AI Transcribing Disclosure Law |
What You Need to KnowThe law requires licensed healthcare professionals to verbally disclose the use of any recording device, software, or service to a patient before recording any part of an appointment or treatment to be transcribed by AI. | |
| Maine | Maine Mental Health AI Law |
What You Need to KnowThe law prohibits any person from providing, advertising, or otherwise offering therapy or psychotherapy services, including through the use of AI, to the public unless the services are provided by a licensed professional. | |
| Nevada | Nevada Healthcare AI Law |
What You Need to KnowAI system providers cannot make representations or statements that explicitly or implicitly indicate that (a) the AI system is capable of providing professional mental or behavioral health care; (b) a user of an AI system may interact with any feature of the system which simulates human conversation to obtain professional mental or behavioral health care; or (c) the system, or any component, feature, avatar, or embodiment of the system, is a provider of mental or behavioral health care. AI systems cannot be programmed to provide a service or experience to a user that would constitute the practice of professional mental or behavioral health care if provided by a natural person. Providers of mental and behavioral healthcare can use AI systems to perform administrative support but must independently review all outputs. | |
| Rhode Island | Rhode Island Healthcare Notification Law |
What You Need to KnowThe Use of AI by Healthcare Providers Notification Act requires healthcare providers and facilities that use AI to document in-person or telehealth visits to notify patients of that use and to review the AI-generated documentation for accuracy. | |
| Rhode Island | Rhode Island Mental Health AI Law |
What You Need to KnowLicensed professionals or providers cannot use AI designed to simulate emotional attachment, bonding, or dependency (or AI companions for mental health/emotional support) to assist with supplementary support or therapeutic communication where the session is recorded or transcribed, unless the patient (or their parent, guardian, or other legally authorized representative) is informed in writing that AI will be used and its specific purpose, and provides consent. No individual, corporation, or entity may provide, advertise, or offer therapy or psychotherapy services to the public in Rhode Island – including via internet-based AI – unless those services are conducted by a licensed professional or provider. A licensed professional or provider cannot allow or use AI to (1) make independent therapeutic decisions, (2) directly interact with clients in therapeutic communication absent an established provider-patient relationship and patient consent, or (3) determine therapeutic recommendations or treatment plans. The provider retains responsibility for clinical judgment and therapeutic oversight, but not for vendor-controlled system design, algorithms, or outputs. If a client discloses that they are independently using AI-featured software, the provider may discuss it and offer guidance, and must maintain confidentiality, monitor client safety, intervene when necessary, and discuss the software's risks and limitations with the client. | |
| Tennessee | Tennessee AI Impersonation Law |
What You Need to KnowTennessee's law prohibits a person who develops or deploys an AI system in the state from advertising or representing to the public that the system is or is able to act as a qualified mental health professional. | |
| Texas | Texas AI in Electronic Health Record |
What You Need to KnowA health care practitioner may use AI for diagnostic purposes, including using AI to generate recommendations on a diagnosis or course of treatment based on a patient's medical record, if the use (1) complies with law, (2) is within the practitioner's scope of authorization to practice, (3) is reviewed by the practitioner as to all outputs, and (4) is disclosed to patients. | |
| Utah | Utah Mental Health Chatbot Law |
What You Need to KnowThe law does three things. First, mental health chatbot suppliers must clearly and conspicuously disclose to Utah users that the mental health chatbot is an AI technology and not a human. Second, subject to exceptions, mental health chatbot suppliers cannot sell to or share with any third party any individually identifiable health information of a Utah user or the user input of a Utah user. Third, the law regulates how mental health chatbots can be used to advertise to Utah users. Suppliers cannot use mental health chatbots to advertise a specific product or service to a Utah user unless they clearly and conspicuously disclose that it is an advertisement, and disclose any sponsorship, business affiliation, or agreement that the supplier has with a third party to promote, advertise, or recommend the product or service. Suppliers also cannot use a Utah user's input to (a) determine whether to display an advertisement for a product or service to the Utah user, unless the advertisement is for the mental health chatbot itself, (b) determine a product, service, or category of product or service to advertise to the Utah user, or (c) customize an advertisement presented to a Utah user. | |
| Vermont | Vermont Health AI Law |
What You Need to KnowThe law prohibits a corporation or entity from providing, advertising, other otherwise offering mental health services, including through the use of AI, to the public unless the mental health services are either provided by a mental health professional or part of an approved institutional review board or privacy board study. It does not preclude a mental health professional who is operating within the professional’s scope of practice from utilizing HIPAA-compliant AI tools if the mental health professional first reviews and approves any mental health services, including software-based medical products authorized or approved by the U.S. Food and Drug Administration where the product’s use is prescribed or recommended by a mental health professional. | |
Questions about healthcare / mental health?
Stauss PLLC advises companies on state privacy, AI, and data broker compliance.
Contact Stauss PLLCFollow healthcare / mental health
Our analysis, by email, as the law moves.
This page is provided for general informational purposes only, is not legal advice, and does not create an attorney-client relationship. State laws change frequently; coverage reflects this tool’s most recent update. Contact Stauss PLLC to confirm how these requirements apply to your organization.