S T A T E O F N E W Y O R K
________________________________________________________________________
9106
2025-2026 Regular Sessions
I N A S S E M B L Y
September 26, 2025
___________
Introduced by M. of A. SIMON -- read once and referred to the Committee
on Higher Education
AN ACT to amend the education law, in relation to regulating the use of
artificial intelligence in the provision of therapy or psychotherapy
services
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Short title. This act shall be known and may be cited as
the "oversight of technology in mental health care act".
§ 2. The education law is amended by adding a new section 6517 to read
as follows:
§ 6517. USE OF ARTIFICIAL INTELLIGENCE IN MENTAL HEALTH CARE. 1. FOR
THE PURPOSES OF THIS SECTION:
(A) "ADMINISTRATIVE SUPPORT" MEANS TASKS PERFORMED TO ASSIST A
LICENSED PROFESSIONAL IN THE DELIVERY OF THERAPY OR PSYCHOTHERAPY
SERVICES THAT DO NOT INVOLVE COMMUNICATION. "ADMINISTRATIVE SUPPORT"
INCLUDES, BUT IS NOT LIMITED TO, THE FOLLOWING:
(I) MANAGING APPOINTMENT SCHEDULING AND REMINDERS;
(II) PROCESSING BILLING AND INSURANCE CLAIMS; AND
(III) DRAFTING GENERAL COMMUNICATIONS RELATED TO THERAPY LOGISTICS
THAT DO NOT INCLUDE THERAPEUTIC ADVICE.
(B) "ARTIFICIAL INTELLIGENCE" HAS THE SAME MEANING AS SUCH TERM IS
DEFINED IN SECTION SEVENTEEN HUNDRED OF THE GENERAL BUSINESS LAW.
(C) "CONSENT" MEANS AN AFFIRMATIVE WRITTEN AGREEMENT, INCLUDING BY
ELECTRONIC MEANS, WHICH UNAMBIGUOUSLY COMMUNICATES THE INDIVIDUAL'S
EXPLICIT, EXPRESS, FREELY GIVEN, INFORMED, VOLUNTARY, AND SPECIFIC
AGREEMENT, AND WHICH IS REVOCABLE BY THE INDIVIDUAL. "CONSENT" DOES NOT
INCLUDE AN AGREEMENT THAT IS OBTAINED BY THE FOLLOWING:
(I) THE ACCEPTANCE OF A GENERAL OR BROAD TERMS OF USE, AGREEMENT OR A
SIMILAR DOCUMENT THAT CONTAINS DESCRIPTIONS OF ARTIFICIAL INTELLIGENCE
ALONG WITH OTHER UNRELATED INFORMATION;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13621-02-5
A. 9106 2
(II) AN INDIVIDUAL HOVERING OVER, MUTING, PAUSING, OR CLOSING A GIVEN
PIECE OF DIGITAL CONTENT; OR
(III) THROUGH THE USE OF DECEPTIVE ACTIONS.
(D) "LICENSED PROFESSIONAL" MEANS AN INDIVIDUAL WHO HOLDS A VALID
LICENSE, CREDENTIAL, OR CERTIFICATION ISSUED BY THIS STATE TO PRACTICE
AS A PSYCHOLOGIST, SOCIAL WORKER, MENTAL HEALTH PRACTITIONER, PROFES-
SIONAL SUBSTANCE USE COUNSELOR, PROFESSIONAL SUBSTANCE USE PREVENTION
PRACTITIONER, OR TO OTHERWISE PROVIDE THERAPY OR PSYCHOTHERAPY SERVICES
INCLUDING:
(I) A LICENSED MENTAL HEALTH COUNSELOR;
(II) A LICENSED MARRIAGE AND FAMILY THERAPIST;
(III) A LICENSED CREATIVE ARTS THERAPIST;
(IV) A LICENSED PSYCHOANALYST;
(V) A LICENSED MASTER SOCIAL WORKER;
(VI) A LICENSED CLINICAL SOCIAL WORKER;
(VII) A CREDENTIALED ALCOHOLISM AND SUBSTANCE ABUSE COUNSELOR;
(VIII) A CREDENTIALED PREVENTION PROFESSIONAL;
(IX) A CREDENTIALED PREVENTION SPECIALIST;
(X) A CREDENTIALED ALCOHOLISM AND SUBSTANCE ABUSE COUNSELOR, CREDEN-
TIALED PREVENTION PROFESSIONAL, OR CREDENTIALED PREVENTION SPECIALIST
WITH AN ADDITIONAL GAMBLING DESIGNATION;
(XI) A CERTIFIED PROBLEM GAMBLING COUNSELOR;
(XII) A CREDENTIALED ALCOHOLISM AND SUBSTANCE ABUSE COUNSELOR TRAINEE;
(XIII) ANY OTHER PERSON HOLDING ANY OTHER CREDENTIAL THAT MAY BE OVER-
SEEN BY THE OFFICE OF ADDICTION SERVICES AND SUPPORTS; OR
(XIV) ANY OTHER PROFESSIONAL LICENSED, CREDENTIALED, CERTIFIED, OR
OTHERWISE AUTHORIZED BY THIS STATE TO PROVIDE THERAPY OR PSYCHOTHERAPY
SERVICES, EXCEPT FOR A PHYSICIAN.
(E) "PEER SUPPORT" MEANS SERVICES PROVIDED BY INDIVIDUALS WITH LIVED
EXPERIENCE OF MENTAL HEALTH CONDITIONS OR RECOVERY FROM SUBSTANCE USE OR
GAMBLING THAT ARE INTENDED TO OFFER ENCOURAGEMENT, UNDERSTANDING, AND
GUIDANCE WITHOUT CLINICAL INTERVENTION.
(F) "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 SERVICES
OR THERAPY OR PSYCHOTHERAPY SERVICES.
(G) "SUPPLEMENTARY SUPPORT" MEANS TASKS PERFORMED TO ASSIST A LICENSED
PROFESSIONAL IN THE DELIVERY OF THERAPY OR PSYCHOTHERAPY SERVICES THAT
DO NOT INVOLVE THERAPEUTIC COMMUNICATION AND THAT ARE NOT ADMINISTRATIVE
SUPPORT. "SUPPLEMENTARY SUPPORT" INCLUDES, BUT IS NOT LIMITED TO, THE
FOLLOWING:
(I) PREPARING AND MAINTAINING CLIENT RECORDS, INCLUDING THERAPY NOTES;
(II) ANALYZING ANONYMIZED DATA TO TRACK CLIENT PROGRESS OR IDENTIFY
TRENDS, SUBJECT TO REVIEW BY A LICENSED, CREDENTIALED, OR CERTIFIED
PROFESSIONAL; AND
(III) IDENTIFYING AND ORGANIZING EXTERNAL RESOURCES OR REFERRALS FOR
CLIENT USE.
(H) "THERAPEUTIC COMMUNICATION" MEANS ANY VERBAL, NON-VERBAL, OR WRIT-
TEN 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:
(I) DIRECT INTERACTIONS WITH CLIENTS FOR THE PURPOSE OF UNDERSTANDING
OR REFLECTING THEIR THOUGHTS, EMOTIONS, OR EXPERIENCES;
A. 9106 3
(II) PROVIDING GUIDANCE, THERAPEUTIC STRATEGIES, OR INTERVENTIONS
DESIGNED TO ACHIEVE MENTAL HEALTH OUTCOMES;
(III) OFFERING EMOTIONAL SUPPORT, REASSURANCE, OR EMPATHY IN RESPONSE
TO PSYCHOLOGICAL OR EMOTIONAL DISTRESS;
(IV) COLLABORATING WITH CLIENTS TO DEVELOP OR MODIFY THERAPEUTIC GOALS
OR TREATMENT PLANS; AND
(V) OFFERING BEHAVIORAL FEEDBACK INTENDED TO PROMOTE PSYCHOLOGICAL
GROWTH OR ADDRESS MENTAL HEALTH CONDITIONS.
(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" DOES NOT INCLUDE RELIGIOUS
COUNSELING OR PEER SUPPORT.
(J) "PERMITTED USE OF ARTIFICIAL INTELLIGENCE" MEANS THE USE OF ARTI-
FICIAL INTELLIGENCE TOOLS OR SYSTEMS BY A LICENSED PROFESSIONAL TO
ASSIST IN PROVIDING ADMINISTRATIVE SUPPORT OR SUPPLEMENTARY SUPPORT IN
THERAPY OR PSYCHOTHERAPY SERVICES WHERE THE LICENSED PROFESSIONAL MAIN-
TAINS FULL RESPONSIBILITY FOR ALL INTERACTIONS, OUTPUTS, AND DATA USE
ASSOCIATED WITH THE SYSTEM AND SATISFIES THE REQUIREMENTS OF SUBDIVISION
TWO OF THIS SECTION.
2. NO LICENSED PROFESSIONAL SHALL BE PERMITTED TO USE ARTIFICIAL
INTELLIGENCE TO ASSIST IN PROVIDING SUPPLEMENTARY SUPPORT IN THERAPY OR
PSYCHOTHERAPY SERVICES WHERE THE CLIENT'S THERAPEUTIC SESSION IS
RECORDED OR TRANSCRIBED UNLESS:
(A) THE PATIENT OR THE PATIENT'S LEGALLY AUTHORIZED REPRESENTATIVE IS
INFORMED IN WRITING OF THE FOLLOWING:
(I) THAT ARTIFICIAL INTELLIGENCE WILL BE USED; AND
(II) THE SPECIFIC PURPOSE OF THE ARTIFICIAL INTELLIGENCE TOOL OR
SYSTEM THAT WILL BE USED; AND
(B) THE PATIENT OR THE PATIENT'S LEGALLY AUTHORIZED REPRESENTATIVE
PROVIDES CONSENT TO THE USE OF ARTIFICIAL INTELLIGENCE.
3. (A) AN INDIVIDUAL, CORPORATION, OR ENTITY MAY NOT PROVIDE, ADVER-
TISE, OR OTHERWISE OFFER THERAPY OR PSYCHOTHERAPY SERVICES, INCLUDING
THROUGH THE USE OF INTERNET-BASED ARTIFICIAL INTELLIGENCE, TO THE PUBLIC
IN THIS STATE UNLESS THE THERAPY OR PSYCHOTHERAPY SERVICES ARE CONDUCTED
BY AN INDIVIDUAL WHO IS A LICENSED PROFESSIONAL.
(B) A LICENSED PROFESSIONAL MAY USE ARTIFICIAL INTELLIGENCE ONLY TO
THE EXTENT THAT SUCH USE MEETS THE REQUIREMENTS OF SUBDIVISION TWO OF
THIS SECTION. A LICENSED PROFESSIONAL MAY NOT ALLOW OR OTHERWISE USE
ARTIFICIAL INTELLIGENCE TO DO ANY OF THE FOLLOWING:
(I) MAKE INDEPENDENT THERAPEUTIC DECISIONS;
(II) DIRECTLY INTERACT WITH CLIENTS IN ANY FORM OF THERAPEUTIC COMMU-
NICATION;
(III) GENERATE THERAPEUTIC RECOMMENDATIONS OR TREATMENT PLANS WITHOUT
REVIEW AND APPROVAL BY THE LICENSED PROFESSIONAL; OR
(IV) DETECT EMOTIONS OR MENTAL STATES.
4. ALL RECORDS KEPT BY A LICENSED PROFESSIONAL AND ALL COMMUNICATIONS
BETWEEN AN INDIVIDUAL SEEKING THERAPY OR PSYCHOTHERAPY SERVICES AND A
LICENSED PROFESSIONAL SHALL BE CONFIDENTIAL AND SHALL NOT BE DISCLOSED
EXCEPT AS REQUIRED UNDER ANY PROVISIONS OF THIS ARTICLE OR SECTION 33.13
OF THE MENTAL HYGIENE LAW.
5. (A) ANY INDIVIDUAL, CORPORATION, OR ENTITY FOUND IN VIOLATION OF
THIS SECTION SHALL PAY A CIVIL PENALTY IN AN AMOUNT NOT TO EXCEED FIFTY
THOUSAND DOLLARS PER VIOLATION, AS DETERMINED BY THE COMMISSIONER, WITH
PENALTIES ASSESSED BASED ON THE DEGREE OF HARM AND THE CIRCUMSTANCES OF
THE VIOLATION. SUCH CIVIL PENALTY SHALL BE ASSESSED COMMISSIONER AFTER A
COMPLAINT IS MADE AND A HEARING IS HELD IN ACCORDANCE WITH SECTION
A. 9106 4
SIXTY-FIVE HUNDRED TEN OF THIS ARTICLE. AN INDIVIDUAL, CORPORATION, OR
ENTITY FOUND IN VIOLATION OF THIS SECTION SHALL PAY THE CIVIL PENALTY
WITHIN SIXTY DAYS AFTER THE DATE OF AN ORDER BY THE COMMISSIONER IMPOS-
ING THE CIVIL PENALTY. THE ORDER SHALL CONSTITUTE A JUDGMENT AND MAY BE
FILED AND EXECUTED IN THE SAME MANNER AS ANY JUDGMENT FROM A COURT OF
RECORD.
(B) THE COMMISSIONER SHALL HAVE AUTHORITY TO INVESTIGATE ANY ACTUAL,
ALLEGED, OR SUSPECTED VIOLATION OF THIS SECTION.
6. THIS SECTION DOES NOT APPLY TO THE FOLLOWING:
(A) RELIGIOUS COUNSELING;
(B) PEER SUPPORT; AND
(C) SELF-HELP MATERIALS AND EDUCATIONAL RESOURCES THAT ARE AVAILABLE
TO THE PUBLIC AND DO NOT PURPORT TO OFFER THERAPY OR PSYCHOTHERAPY
SERVICES.
§ 3. This act shall take effect immediately.