Purpose

This bill would regulate how artificial intelligence (AI) is used in psychotherapy and therapy services in Minnesota. It aims to ensure that licensed professionals oversee therapy, limit AI to administrative or supportive tasks, and establish civil penalties for violations. It also creates definitions and enforcement rules for health-related licensing boards.

Key Definitions

• AI system: a machine-based system that uses inputs to generate outputs (like decisions, predictions, or recommendations) that can influence real or virtual environments.
• Administrative or supplementary support: non-therapeutic tasks that help deliver therapy, such as:
  • preparing and keeping client records and therapy notes
  • managing appointments and reminders
  • processing billing and insurance claims
  • analyzing anonymized data to track progress or identify trends for review by a licensed professional
  • finding external resources or referrals
  • drafting general logistics communications (not related to therapy advice)
• Licensed professional: someone who holds a Minnesota license to provide therapy or psychotherapy (examples include licensed psychologists, social workers, counselors, marriage and family therapists, alcohol and drug counselors, behavioral analysts, physicians, and other health professionals authorized to provide therapy).
• Therapeutic communication: any professional interaction (verbal, nonverbal, or written) in a clinical setting aimed at diagnosing, treating, or addressing mental, emotional, or behavioral health concerns.
• Therapy or psychotherapy services: services that diagnose, treat, or improve an individual's mental or behavioral health.
• Peer support: services provided by people with lived experience of mental health issues or substance use recovery, offered to encourage and guide without clinical intervention.
• Religious counseling: faith-based counseling by clergy or religious leaders when not represented as clinical mental health therapy.

Prohibited Uses of AI

• A therapy service offered to the public in Minnesota must be conducted by a licensed professional.
• A licensed professional must not use AI to:
  • make independent therapeutic decisions
  • directly interact with clients in any form of therapeutic communication
  • generate therapeutic recommendations or treatment plans without the licensed professional reviewing and approving them

Permitted Uses of AI

• A licensed professional may use AI to provide administrative or supplementary support, as long as the professional maintains full responsibility for all interactions, outputs, and data use related to the AI system.

Enforcement, Penalties, and Hearings

• Civil penalties: up to $10,000 per violation for individuals, corporations, or entities violating the section.
• Penalty amounts are set to discourage violations and to help cover investigation and proceeding costs (like court services, legal work, and staff time).
• Notice and hearing: the licensing board must inform the violator with the reasons, penalty amount, and right to a hearing; a contested case hearing can be requested within 30 days.
• Payment: penalties must be paid within 60 days after notice or after a contested case order, whichever is later.
• Investigations: the relevant health-related licensing boards have authority to investigate suspected violations.

Exceptions

• This section does not apply to:
  • Religious counseling
  • Peer support
  • Self-help materials and educational resources that are publicly available and do not purport to offer therapy or psychotherapy services

Significant Changes to Law

• Introduces a formal framework to regulate AI use in psychotherapy in Minnesota.
• Establishes clear boundaries: AI can only assist with administrative or supportive tasks, not therapeutic decision-making or direct therapy interactions.
• Creates defined penalties and due-process rights for violations, including notice, hearing rights, and a mechanism to recover investigation costs.
• Adds explicit exemptions for religious counseling, peer support, and non-clinical self-help materials.
• Expands the authority of health-related licensing boards to oversee and enforce AI-related practice standards for licensed professionals.

Practical Impact

• Patients would be protected by ensuring licensed professionals oversee any therapy and by restricting AI from making or influencing clinical decisions.
• Licensed professionals can use AI only for non-therapeutic administrative tasks, with accountability for all AI outputs.
• Violations could lead to substantial civil penalties and formal disciplinary proceedings.

Relevant Terms AI, artificial intelligence, psychotherapy, therapy, licensed professional, therapeutic communication, administrative or supplementary support, health-related licensing board, civil penalty, Minnesota Statutes, prohibited uses, permitted uses, religious counseling, peer support, self-help materials, contested case hearing, Chapter 14.