NY State Senate Bill 2025-S8484

Senate Bill S8484

2025-2026 Legislative Session

Regulates the use of artificial intelligence in the provision of therapy or psychotherapy services

download bill text pdf

Current Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Aug 20, 2025	referred to rules

2025-S8484 (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: Education Law
Laws Affected:: Add §6517, Ed L

2025-S8484 (ACTIVE) - Summary

Regulates the use of artificial intelligence in the provision of therapy or psychotherapy services by prohibiting the use of artificial intelligence to assist in providing supplementary support where the session is recorded or transcribed unless the patient is informed of the specific purpose of such use and consents of such use; establishes penalties for violations of such provisions; excludes religious counseling, peer-support, and self-help materials and educational resources from such provisions.

2025-S8484 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8484

SPONSOR: GONZALEZ
 
TITLE OF BILL:

An act to amend the education law, in relation to regulating the use of
artificial intelligence in the provision of therapy or psychotherapy
services

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill would prohibit licensed mental health professionals from using
artificial intelligence tools in client care except for in certain
administrative or supplementary support activities where the client has
given informed consent

 
SUMMARY OF PROVISIONS:

Section 1. The short title of the bill is the "oversight of technology
in mental health care act".

Section 2. The education law is amended to include a new section 6517.

Subdivision 1 provides definitions.  Subdivision 2 permits the use of
artificial intelligence in the provision of certain supplementary
support activities with informed client consent.

Subdivision 3 prohibits the use of artificial intelligence except to the
extent that such use meets the requirements of subdivision 2.

Subdivision 4 affirms the confidentiality of therapy or psychotherapy
records and communications between an individual seeking such services
and a licensed professional.

Subdivision 5 sets out the enforcement and penalty provisions for
violations.

Section 3. Effective date.

 
JUSTIFICATION:

The rise in artificial intelligence ("Al") capabilities in recent years
has led to an ever-growing list of use cases for AI. Users perceive
AI-powered chatbots, often based on large language models, as more
empathetic than human listeners, making them a compelling and low-cost
tool for meeting human users' emotional needs. Similarly, mental health
professionals may look to AI as a way to augment their abilities and
provide better patient care in therapy, psychotherapy, and other related
contexts.

However, general use AI is often not trained on the nuance of mental
health practice. According to the Stanford University Institute for
Human-Centered AI, AI chatbots stigmatize certain mental health condi-
tions like schizophrenia and enable dangerous behavior like suicidal
ideation. Recent reports show that information shared with an AI chatbot
does not remain confidential, posing major risks for those that use
these products for assistance with mental health concerns.

This bill would create strong protections around the use of AI in
professional mental healthcare settings. AI should not be used to
supplant professional judgment in interpreting client interactions,
providing therapeutic strategies, offering emotional support, directly
collaborating with clients, or offering behavioral feedback.  A substan-
tially similar bill passed unanimously in the Illinois legislature and
was signed into law by Governor J.B. Pritzker in 2025.

 
PRIOR LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None

 
EFFECTIVE DATE:
This act shall take effect immediately.

2025-S8484 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8484
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                              August 20, 2025
                                ___________
 
 Introduced  by Sen. GONZALEZ -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 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

 S. 8484                             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;
 S. 8484                             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
 S. 8484                             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.

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