Concerning restrictions on the use of artificial intelligence relating to psychotherapy services.
HB26-1195 creates a set of restrictions on the use of artificial intelligence in connection with psychotherapy services in Colorado. It bars licensed and other lawfully permitted psychotherapy providers from using AI to directly interact with clients in therapeutic communication, to generate treatment recommendations or plans without human review and approval, or to detect emotions or mental states. The bill also prohibits AI from providing, directing, or guiding psychotherapy, clinical intervention, counseling, diagnosis, or treatment planning unless the use fits within narrow exceptions.
At the same time, the bill permits regulated professionals to use AI for administrative support and certain supplementary support tasks, so long as the professional remains fully responsible for the output and use of the system. It also allows AI use in educational, instructional, training, and research settings under specified safeguards, and it excludes certain self-help, wellness, coaching, meditation, and similar tools that do not diagnose or treat mental health disorders and clearly disclose they are not a substitute for clinical care. The bill requires written informed consent before AI is used to record or transcribe a therapeutic session and protects clients from being denied services if they refuse or later revoke that consent.
The bill amends Colorado’s psychotherapy licensing and consumer protection laws by adding new prohibited activities for regulated mental health professionals and creating a new section governing AI use in psychotherapy services. It also adds a disciplinary violation for licensees who fail to comply with the AI restrictions. In addition, it creates a new unfair trade practice under the Colorado Consumer Protection Act for AI systems or providers that imply AI outputs are equivalent to licensed psychotherapy, claim the system provides psychotherapy, or represent that user data is confidential. The law applies to psychologists, counselors, social workers, marriage and family therapists, addiction counselors, psychotherapists, and other individuals lawfully permitted to provide psychotherapy services, as well as to persons advertising or offering psychotherapy services to the public in Colorado.
The bill appears to have been viewed generally favorably as a consumer-protection and professional-standards measure, and it ultimately passed and was signed by the Governor. Its structure suggests support for allowing limited, supervised AI assistance while drawing firm lines around direct therapeutic use. The absence of recorded committee transcripts or vote details limits the ability to identify specific floor or committee sentiment, but the enacted status indicates the proposal advanced successfully through the legislature.
The main point of contention is likely the boundary between permissible administrative or wellness-related AI tools and prohibited therapeutic use. The bill draws a sharp distinction between AI that supports a clinician behind the scenes and AI that interacts with clients, makes recommendations, or appears to provide therapy. Another likely issue is the consent requirement for recording or transcribing sessions, especially because the bill bars denial of services based on refusal, which may raise operational concerns for providers. The bill also addresses potential confusion in the marketplace by restricting advertising claims and confidentiality representations, suggesting concern about AI companies marketing chatbots or digital tools as therapy substitutes.