Signed by Governor Jared Polis

Vote Smart's Synopsis:

Vote to amend and pass a bill that limits the use of artificial intelligence (AI) for psychotherapy services in Colorado.

Highlights:

• Authorizes a licensed psychotherapist to use an artificial intelligence (AI) system to provide administrative support or supplementary support for psychotherapy services, such as (Sec. 2):

• Administrative support, including managing scheduling, processing billing and insurance claims, and drafting communications related to therapy logistics; and

• Supplementary support, including maintaining records and therapy notes, analyzing data to track client progress subject to provider review, organizing referrals or resources, and collecting wellness data.

• Requires a licensee to obtain a client's written consent before using an AI system to record or transcribe a therapeutic session, with the following stipulations (Sec. 2):

• Specifies that consent is required only for the initial use of the AI system, not for each subsequent session, unless the purpose or manner of use materially changes;

• Prohibits a licensee from denying services to a client based on the client's refusal to consent, or later revocation of consent, to AI use; and

• Defines "consent" as a clear, explicit, affirmative, specific, and unambiguous written agreement that is revocable by the client.

• Prohibits a licensee from using an AI system to independently provide, direct, or guide psychotherapy, clinical intervention, counseling, diagnosis, or treatment planning (Sec. 2).

• Prohibits an AI system from engaging in therapeutic communication with a client without real-time, synchronous involvement of the licensee (Sec. 2).

• Prohibits an AI system from generating treatment recommendations or plans without review and approval by the licensee (Sec. 2).

• Requires a licensee to give clients written notice of these AI restrictions during initial client contact (Sec. 2).

• Exempts the use of AI systems within accredited educational, instructional, or professional training programs, provided the system is used solely for educational, administrative, simulation, or training purposes, is not marketed or deployed as a tool for clients or the public, and clinical decision-making content is reviewed or controlled by a licensed professional (Sec. 2).

• Exempts the development, testing, or evaluation of AI systems conducted for research purposes under institutional review board oversight, provided the system is not offered to consumers or used to provide psychotherapy services outside the research setting (Sec. 2).

• Exempts technologies or services that provide self-help, coaching, journaling, mood tracking, psychoeducation, crisis resource directories, or similar wellness tools, provided they do not diagnose or treat mental health disorders and clearly disclose they are not a substitute for clinical care (Sec. 2).

• Prohibits AI products from indicating or implying that their outputs are provided by, endorsed by, or equivalent to services provided by a licensed psychotherapy provider, or that the AI system delivers psychotherapy services (Sec. 3).

• Prohibits AI products from representing user data as confidential in a manner comparable to therapist-client confidentiality (Sec. 3).

• Exempts licensees from liability for defects in, or failures of, an AI system attributable to the AI's developer or deployer; specifies that such liability is instead governed by applicable consumer protection law (Sec. 3).

• Specifies that this act takes effect August 12, 2026 (Sec. 4).

Full Bill Text