Purpose

• The bill would regulate how artificial intelligence (AI) is used in psychotherapy services in Minnesota. It aims to ensure that therapy remains under the oversight of licensed professionals and authorizes penalties for misuse. It would create rules about when AI can and cannot be used, specify who enforces these rules, and set consequence options for violations.

Key definitions and terms

• Artificial intelligence system: any machine-based system that uses inputs to generate outputs such as decisions, predictions, or recommendations that can influence real-world environments.
• Licensed professional: an individual holding a Minnesota license to provide therapy or psychotherapy (e.g., psychologists, social workers, counselors, marriage and family therapists, alcohol/drug counselors, behavioral analysts, physicians, and other authorized health professionals).
• Therapeutic communication: any verbal, nonverbal, or written interaction in a clinical or professional setting intended to diagnose, treat, or address mental, emotional, or behavioral health concerns.
• Administrative or supplementary support: tasks that assist a licensed professional but do not involve therapeutic communication (e.g., client records, scheduling, billing, anonymized data analysis for progress trends, referrals, and non-clinical communications).
• Health-related licensing board: the state boards that regulate relevant health professions.
• Peer support: helpers with lived experience providing encouragement and guidance without clinical intervention.
• Religious counseling: faith-based guidance by clergy or religious leaders, not presented as clinical mental health therapy.
• Therapy or psychotherapy services: services to diagnose, treat, or improve mental or behavioral health.

What is prohibited

• It would be unlawful to provide or advertise therapy or psychotherapy services to the public in Minnesota unless performed by a licensed professional.
• A licensed professional must not use 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 review and approval by the licensed professional.

Permitted uses

• Licensed professionals may use AI to provide administrative or supplementary support, as long as they maintain full responsibility for all interactions, outputs, and data use related to the AI system.

Enforcement, penalties, and hearings

• Violations could incur civil penalties up to $10,000 per violation.
• Health-related licensing boards must set penalties to deter violations and to help cover investigation and proceeding costs (e.g., court services, staff time, travel, etc.).
• Boards must issue written notice of the violation, the penalty amount, and the reasons, with a right to request a contested hearing within 30 days.
• Penalties must be paid within 60 days after notice or after a contested-case order, whichever is later.
• Boards have authority to investigate suspected or actual violations.

Exceptions

• The act would 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.

How it changes current law

• Establishes new rules within Minnesota Statutes governing the use of AI in psychotherapy (chapter 214). It creates a formal framework for defining terms, prohibiting certain AI uses, allowing limited AI-assisted administrative tasks, and enforcing compliance through civil penalties and board oversight.

Relevant terms artificial intelligence system; AI; therapeutic communication; licensed professional; health-related licensing board; administrative or supplementary support; therapy or psychotherapy services; civil penalties; prohibited uses; permitted uses; religious counseling; peer support; self-help materials; Minnesota.