HF 3893

2nd Engrossment - 94th Legislature (2025 - 2026)

Posted on 04/08/2026 09:09 a.m.

A bill for an act
relating to health occupations; regulating use of artificial intelligence in
psychotherapy services; providing for civil penalties; proposing coding for new
law in Minnesota Statutes, chapter 214.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [214.165] REGULATING USE OF ARTIFICIAL INTELLIGENCE IN
PSYCHOTHERAPY SERVICES.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the terms defined in this
subdivision have the meanings given.
new text end

new text begin (b) "Administrative or supplementary support" means tasks performed to assist a licensed
professional in the delivery of therapy or psychotherapy services that do not involve
therapeutic communication. Administrative or supplementary support includes but is not
limited to:
new text end

new text begin (1) preparing and maintaining client records, including but not limited to therapy notes;
new text end

new text begin (2) managing appointment scheduling and reminders, performed by the licensed
professional, by an employee of the licensed professional, or by a business associate
according to a business associate agreement. For purposes of this clause, "business associate"
has the meaning given in Code of Federal Regulations, title 45, section 160.103;
new text end

new text begin (3) processing billing and insurance claims;
new text end

new text begin (4) analyzing anonymized data to track client progress or identify trends for review by
a licensed professional;
new text end

new text begin (5) identifying and organizing external resources or referrals for client use; and
new text end

new text begin (6) drafting general communications related to therapy logistics that do not include
therapeutic advice.
new text end

new text begin (c) "Ambient listening" means the ability of a device to hear and process sounds and
transcribe conversations.
new text end

new text begin (d) "Artificial intelligence system" means any machine-based system that, for any explicit
or implicit objective, calculates from the inputs the system receives how to generate outputs,
including but not limited to content, decisions, predictions, or recommendations, that can
influence physical or virtual environments. Artificial intelligence system includes but is not
limited to a chatbot.
new text end

new text begin (e) "Licensed professional" means an individual who holds a valid license issued in
Minnesota to provide therapy or psychotherapy services, including but not limited to:
new text end

new text begin (1) a licensed psychologist providing clinical services under sections 148.88 to 148.981;
new text end

new text begin (2) a licensed social worker, graduate social worker, independent social worker, or
independent clinical social worker under chapter 148E;
new text end

new text begin (3) a licensed professional counselor or licensed professional clinical counselor under
sections 148B.50 to 148B.75;
new text end

new text begin (4) a licensed marriage and family therapist under sections 148B.06 to 148B.392;
new text end

new text begin (5) a licensed alcohol and drug counselor authorized to provide therapy or psychotherapy
services under chapter 148F;
new text end

new text begin (6) a licensed behavioral analyst under sections 148.9981 to 148.9995;
new text end

new text begin (7) a licensed physician under chapter 147; and
new text end

new text begin (8) any other health professional authorized in Minnesota to provide therapy or
psychotherapy services.
new text end

new text begin (f) "Peer support" means services provided by individuals with lived experience of
mental health conditions or recovery from substance use that are intended to offer
encouragement, understanding, and guidance without clinical intervention.
new text end

new text begin (g) "Religious counseling" means counseling provided by clergy members, pastoral
counselors, or other religious leaders acting within the scope of their religious duties if the
services are explicitly faith based and are not represented as clinical mental health, therapy,
or psychotherapy services.
new text end

new text begin (h) "Therapeutic communication" means any verbal, nonverbal, or written interaction
conducted in a clinical or professional setting that is intended to diagnose, treat, or address
an individual's mental, emotional, or behavioral health concerns. Therapeutic communication
includes but is not limited to:
new text end

new text begin (1) directly interacting with clients for the purpose of understanding or reflecting the
client's thoughts, emotions, or experiences;
new text end

new text begin (2) providing guidance, therapeutic strategies, or interventions designed to achieve
mental health outcomes;
new text end

new text begin (3) offering emotional support, reassurance, or empathy in response to psychological or
emotional distress;
new text end

new text begin (4) collaborating with clients to develop or modify therapeutic goals or treatment plans;
and
new text end

new text begin (5) offering behavioral feedback intended to promote psychological growth or address
mental health conditions.
new text end

new text begin (i) "Therapy or psychotherapy services" means services provided to diagnose, treat, or
improve an individual's mental health or behavioral health. Therapy or psychotherapy
services include but are not limited to psychological or psychosocial assessment services.
new text end

new text begin Subd. 2. new text end

new text begin Prohibited uses of artificial intelligence. new text end

new text begin (a) An individual, corporation, or
entity must not provide, advertise, or otherwise offer therapy or psychotherapy services to
the public in Minnesota unless the therapy or psychotherapy services are conducted by an
individual who is a licensed professional.
new text end

new text begin (b) A licensed professional must not use artificial intelligence systems to:
new text end

new text begin (1) make independent therapeutic decisions;
new text end

new text begin (2) directly interact with clients in any form of therapeutic communication;
new text end

new text begin (3) generate therapeutic recommendations or treatment plans without review and approval
by the licensed professional; or
new text end

new text begin (4) provide psychological or psychosocial assessment services.
new text end

new text begin Subd. 3. new text end

new text begin Permitted uses of artificial intelligence. new text end

new text begin A licensed professional may use
artificial intelligence systems to assist in providing administrative or supplementary support
in therapy or psychotherapy services if the licensed professional maintains full responsibility
for all interactions, outputs, and data use associated with the system.
new text end

new text begin Subd. 4. new text end

new text begin Public protections. new text end

new text begin (a) If a licensed professional uses a chatbot to communicate
with a client as part of administrative or supplementary support, the chatbot must immediately
communicate to the client that the chatbot is not a human being and that the client should
consult with a family member, friend, or licensed professional if the client communicates
one or more of the following to the chatbot:
new text end

new text begin (1) thoughts or feelings related to the client's mental health;
new text end

new text begin (2) symptoms the client is experiencing, if the symptoms could be those of a mental
illness;
new text end

new text begin (3) a mental health diagnosis or condition; or
new text end

new text begin (4) thoughts of self-harm or harm to others.
new text end

new text begin (b) A licensed professional must not use ambient listening to assist in providing
administrative or supplementary support unless the client provides written, informed consent
to its use. Before a licensed professional uses ambient listening to assist in providing
administrative or supplementary support, the licensed professional must:
new text end

new text begin (1) provide the client with information on and the potential risks of using ambient
listening, including but not limited to:
new text end

new text begin (i) the purposes for which the licensed professional would use ambient listening;
new text end

new text begin (ii) where data collected via ambient listening is stored;
new text end

new text begin (iii) who has access to data collected via ambient listening;
new text end

new text begin (iv) whether any data collected via ambient listening is used to train a large language
model;
new text end

new text begin (v) the timing and method for destruction of data collected via ambient listening;
new text end

new text begin (vi) that the licensed professional will not penalize the client in any manner if the client
declines to permit ambient listening; and
new text end

new text begin (vii) that the licensed professional maintains responsibility for proofreading, correcting
errors, and signing and dating case notes created via ambient listening; and
new text end

new text begin (2) provide the client with an opportunity to consent or decline to consent to the use of
ambient listening.
new text end

new text begin (c) If a client consents to the use of ambient listening, both the client and the licensed
professional must sign and date the consent form.
new text end

new text begin Subd. 5. new text end

new text begin Enforcement, penalties, and hearings; licensed professionals. new text end

new text begin (a) Any
licensed professional found in violation of this section must pay a civil penalty to the
health-related licensing board responsible for regulating the relevant profession in an amount
not to exceed $50,000 per violation.
new text end

new text begin (b) The health-related licensing board responsible for regulating the relevant profession
must determine the amount of the penalty so as to deprive the licensed professional of any
economic advantage gained by reason of the violation, to discourage similar violations, or
to reimburse the board for the cost of investigation and proceeding, including but not limited
to fees paid for services provided by the Court of Administrative Hearings, legal and
investigative services provided by the Office of the Attorney General, court reporters,
witnesses, reproduction of records, board members' per diem compensation, board staff
time, and travel costs and expenses incurred by board staff and board members.
new text end

new text begin (c) The health-related licensing board responsible for regulating the relevant profession
must provide the licensed professional with written notice of the finding of a violation and
the imposition of a civil penalty that includes the reasons for the finding, the amount of the
civil penalty, and the right to request a hearing under chapter 14. A licensed professional
must request a contested case hearing under chapter 14 from the health-related licensing
board within 30 days of receiving the notice in this paragraph.
new text end

new text begin (d) A licensed professional found in violation of this section must pay the civil penalty
within 60 days after notice of the violation and imposition of civil penalty under paragraph
(c) or after the date of an order issued following a contested case hearing under chapter 14,
whichever is later.
new text end

new text begin (e) Each health-related licensing board responsible for regulating a licensed professional
under this section has the authority to investigate any actual, alleged, or suspected violation
of this section by a licensed professional; determine whether a licensed professional violated
this section; and impose appropriate disciplinary action. Nothing in this section limits the
duty of a health-related licensing board to regulate licensed professionals in a manner that
protects the health, safety, and welfare of people in Minnesota.
new text end

new text begin Subd. 6. new text end

new text begin Enforcement; other individuals, entities, corporations. new text end

new text begin The attorney general
may enforce this section under section 8.31 against an individual other than a licensed
professional, a corporation, or an entity that violates this section.
new text end

new text begin Subd. 7. new text end

new text begin Exceptions. new text end

new text begin This section does not apply to:
new text end

new text begin (1) religious counseling;
new text end

new text begin (2) peer support; or
new text end

new text begin (3) self-help materials and educational resources that are available to the public and do
not purport to offer therapy or psychotherapy services.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end