An Act to Regulate
Maine Legislature, Session 132, LD 2082
Committee Amendment CA_A_H980 (House)
Amends: 32 MRSA §2113, 32 MRSA §2600-G, 32 MRSA §3300-J, 32 MRSA §3820-A, 32 MRSA §6207-D, 32 MRSA §7009, 32 MRSA §13870

COMMITTEE AMENDMENT "/-V » to H.P. 1397, L.D, 2082, "An Act to Regulate
the Use of Artificial Intelligence in Providing Certain Mental Health Services"
Amend the bill by strikmg out everything after the enacting clause and inserting the
following;
'See. 1. 10 MRSA§1500-EE is enacted to read:
S1500-EE. Use of artificial intellieence in therapy or Dsvchotherapy serYices
prohibited unless provided by licensed professional
1. Definitions. As used in this section, unless the context otherwise indicates, the
following terms have the following meanings.
A, "Artificial intelligence" means a machine-based system that, for explicit or implicit
objectives, infers, from the input it receives, how to generate outputs, such as
predictions, content, recommendations or decisions, that can influence physical or
virtual environments.
B. "Licensed professional means an mdividual who holds a valid license or certificate
issued in this State to practice osychotheraov or behavioral health therapy, includmg:
d') An individual licensed pursuant to Title 32. chapter 56;
f2) An individual licensed pursuant to Title 32. chapter 83;
('31 An individual licensed pursuant to Title 32, chapter 119;
(4} An individual licensed or certified pursuant to Title 32. chapter 81 and
authorized to provide therapy or psvchotheraov services;
f5) An individual licensed pursuant to Title 32. chapter 31; and
(6) A physician or physician associate licensed under Title 32. chapter 36 or 48.
who specializes in the diagnosis and treatment of mental disorders,
C. "Therapeutic communication" means any verbal, nonverbal or written interaction,
3 conducted in a clinical or professional setting, that is intended to diagnose, treat or
COMMITTEE AMENDMENT
^
COMMITTEE AMENDMENT 'K " to H,P. 1397, L,D, 2082
address an individual's mental, emotional or behavioral health concerns, "Therapeutic
communication" includes, but is not limited to:
fl) Direct interactions with individuals for the purpose of understanding their
thoughts, emotions or experiencesi
(2) Providing guidance, therapeutic strategies or interyentions designed to achieve
mental health outcomes;
(3) Offering emotional smport. reassurance or empathy in response to
psychological or emotional distress;
(4) Collaborating with individuals to develop or modify therapeutic goals or
treatment plans; and
(5) Offering behavioral feedback intended to promote psychological growth or
address mental health conditions,
D. "Therapy or psychotheraov services" means services provided to diaenose. treat or
address an individual's mental health or behavioral health through therapeutic
communication.
2. Offering therapy or psychotherapy services throueh use of Internet-based
artificialintellieence or otherwisej)rohibited unless person licensed. A person may not
provide, advertise or otherwise offer therapy or osvchotherapy services, including through
the use of Internet-based artificial intelligence, to the public unless the therapy or
nsvchotherapv services are m'ovided by a licensed orofessional.
3. Violation. A violation of subsection 2 is a violationof the_Maine_Unfajr Trade
Practices Act,
4. Exceptions. _This. section does not _apply_to an artificial intelligence-based
intervention that is used solely within a research proj ect approved by an institutional review
board, as defmed in Title 22. section 1711-C, subsection 6. paraeraph G. and conducted in
compliance with all aoplicablefederal protections for human subfects in research,
Sec. 2. 32 MRSA §2113 is enacted to read;
§2113. Use of artificial intellieeoce to assist inBrovidmff admimstrativesuBBort and
supplementary support in therapy or psychotherapy services
0 1. Definitions. As used in this section, unless the context otherwise indicates. the
following terms have the followine meanings,
A, "Administrative support" means tasks p_erfQrmed to assist a licensed professional
in the delivery of therapy or psvchotheraov services that do not involve therapeutic
communication. "Administrative support" includes. but is not lunited to:
(D Managme appointment scheduling and reminders;
C2) Processing billing and insurance claims; and
f3) Drafting general communications related to the logistics of delivering therapy
8 or psychotherapy services that do not include therapeutic communicatiQn,
B, "Artificial intelligence" means a machine-based system that. for exolicit or imtilicit
objectives, infers, from the input it receives, how to generate outputs, such as
COMMITTEE AMENDMENT
•A".
P.OS
COMMITTEE AMENDMENT "f-\ " to H.P. 1397, L.D, 2082
predictions, content, recommendations or decisions, that can influence physical or
virtual environments,
C, "Consent" means a clear, explicit and affirmative act by an indiYidual that;
unambiguously communicates the individual's express, informed, voluntary, specific
and unambiguous written agreement. includmg a written agreement provided by
electronic means or provided by initialing a specific section of an individual's general
consent to treatment agreement; and is revocable by the individual.
"Consent" does not include an agreement that is obtained by;
d) The acceptance of a general or broad terms-of-use agreement or a similar
document that contains descriptions of artificial intelligence along with unrelated
information;
(2} An individuals hovermg over, muting^ pausing orclosing a given piece of
electronic content; or
(3} An agreement obtained through the use of deceptive actions,
D, "Supplementary supoort" means tasks performed to assist a licensed professional
in the delivery of therapy or psvchotheraov services that do not involve therapeutic
communication and that are not administrative support. "Supplementary suDport"
includes, but is not limited to;
d') Preparine and maintainine client records, including therapy notes;
(T) Analyzing anonvmized data to track client progress or identify trends, subject
to review by a licensed professional; and
(3) Identifvine and organizine external resources or referrals for client use.
E. "Therapeutic communication" means any verbaLjiQnverbal or written interaction,
conducted in a clmical or professional settine.that is intended to diagnose, treat or
address an individual's mental. emotional or behavioral health concerns, J'Therai:)eutic
communication" includes, but is not limited to:
d) Du'ect mteractions with individuals for the purpose of understanding their
thoughts, emotions or experiences;
(2) Providine guidance, therapeutic strategies or interventions designed to achieve
mental health outcomes;
(3) Offering emotional suooort. reassurance or empathy in response to
psycholoeical or emotional distress;
C4) CollaboratinR with individuals to develop or modify therapeutic goals or
treatment plans; and
f5) Offering behavioral feedback intended to promote psychological growth or
address mental health conditions.
F, "Therativor psvchotheraov services" means services provided to diagnose, treat or
address an individual's mental health or behavioral health through therapeutic
communication.
2._ Permitted use of artificial intellieence. A person licensed under this chapter.
referred to in this section as "the licensee," may provide administrative sufioort or
COMMITTEE AMENDMENT
^
COMMITTEE AMENDMENT " /+" to H.P. 1397, L,D. 2082
supplementarysupport in the_deliyerv of therapy or psvchotherapy services through the use
of artificial intellieence as long as the licensee acts within the scope of practice of the
licensee's license, in accordance with any requirements and restrictions unposed by this
chapter and in accordance with standards of practice, and only if:
A. The licensee maintains full responsibility for all interactions. outputs and data_use
associated with the use of artificial intellieenceL and
B. For the use of artificial intelligence to assist in providing supplementary suDport.
the licensee_satisfies the requirements of subsection 3,
3. Requirements of use; supplementary support. A licensee may use_ artificial
intelligence to assist in providing supplementary support in therapy or psychotherapy
services only when the client's therapeutic session is recorded or transcribecLand_Qnly if;
A, The client or the clients legally authorized representative is informed in writing of
the following;
d) That artificial intellJRence will be used;
f2) The specific purpose of the artificial intelligence tool or system that will be
used; and
(3) How session data collected bv artificial intelligence will be stored, retained.
used for training and deleted upon tennination of therapy or psychotheraov
services; and
B, The client or the client's legally authorized representative provides consent to the
use of artificial intelligence.
4, Prohibition of use. A licensee may use artificial J.ntelligence to provide
supplementary suoriort only to the extent the use meets the requirements of subsection 3_,
A licensee may not allow artificial intelligence to;
A, Make independent therapeutic decisions;
B. Directly interact with clients in any form of therapeutic communication; or
C_,_ Generate therapeutic recommendations or treatment plans without review and
approval by the licensee,
5^ Denial of treatment prohibited; failure to provide consent. A licensee may not
deny. or refuse to provide, therapy or psychotherapy services to a client on the sole basis
that the client has not provided consent to the use of artificial intelligence to assist in
providing supplementary support m therapy or psychotherapy services,
6. Confidentiality. When using artificial intellieence pursuant to this section, a
4 licensee shall comply with all state and federal confidentiality and privacy laws and shall
ensure that any_artificial intelligence technQlogy is compliant with all state and federal
6 confidentiality and privacy laws,
7. Professional responsibility. All laws and rules governing professional
responsibility, unprofessional conduct and generally accepted standards of practice that
apply to a licensee also applyjo that licensee when using artificial intelligence pursuant to
this section,
COMMITTEE AMENDMENT
{" to H,P,
COMMITTEE AMENDMENT " f-\" to H,P, 1397, L.D. 2082
8. Violation. A violation of this section is subject to disciplinary action by the board
pursuant to Title 10. section 8003. subsection 5,
9. Exception. This section doesnot apBly to anartiflcial intellieence-based
intervention that is used solely within a research proj ect approved by an institutional review
board, as defined in Title 22, section ITll-C, subsection 6, paragraph G. and conducted in
compliance with all applicable federal protections for human subjects in research,
10. Rules. The board shall adopt rules to implement the requirements of this section,
Rules adopted pursuant to this subsection are major substantive rules as described in Title
5. chapter 375. subchapter 2-A.
11. Client waiver void and unenforceable. Ajtiv waiver by a client of the provisions
of this section is contrary to public poUcy_ancHs^void and unenforceable.
12. Rieht to civil action. This section may not be construed to prohibit a client or a
client's authorized representative from:
A. Maintainmg an action for harm caused to a client that is attributable to the use of
artificial intellieence to assist in _BrQYidmg admin^^^ support or supplementary
support m the delivery of therapy or psychotheraDV services;
B. Maintaining an action alleeine professional neelieence of a licensee; or
C. Seeking any other remedies available under other provisions of law.
Sec. 3. 32 MRSA §2600-G is enacted to read:
S2600-G. Use of artificial intellieence to assist in providine administrative suDEort
and supplementary supportin^ t^ psychotherapy services
1. Definitions. As used in this section, unless the context otherwise indicates, the
followine terms have the following meanmgs.
A, "Administrative suooort" means tasks oerfonned to assist a licensed professional
in the delivery of therapy or osvchotherapy services that do noLmvske therapeutic
communication, "Administrative support" includes. but is not limited to:
d) Manaeine aopointment scheduling and remmders;
(2) Processing billing and insurance claims; and
(3} Drafting general communications related to the logistics ofdeliverme theraey
or psychotherapv services that do not include therapeutic communication,
B. "Artificial intelligence" means a machine-based system that, for explicit or implicit
objectives, mfers. from the input it receives, how to generate outputs, such as
predictions, content, recommendations or decisions, that can influence phvsical or
virtual environments.
C. "Consent" means a clear, expiicitand .affirmative act by an individual that;
unambiguously communicates the mdividual's express, informed, voluntary. sDecific
and unambiguous written agreement, inclydmg a written agreement provided by
electronic means or provided by initialine a specific section of an individual's general
consent to treatment agreement; and is revocable by the individual,
"Consent" does not include an agreement that is obtained by;
COMMITTEE AMENDMENT
•A".
COMMITTEE AMENDMENT /T " to H,P, 1397, L,D. 2082
U) The acceptance of a eeneral_or broad terms-of-use agreement or a similar
document that contains descriptions of artificial intelligence along with unrelated
information;
f2) An mdividual's hovering over, mutiny pausing _or closmg a given piece of
electronic content; or
C3) An agreement obtained_thrpugh the use of deceptive actions,
D, "Supplementary support" means tasks performed to assist aiicensed professional
in the delivery of therapy or psvchotheraov services that do not involve therapeutic
communication and that are not administi-ative suooort. "SuDplementarv suoDOrt"
includes, but is not limited to:
CD Preparine and maintaming _clientj'ecords, inclyding therapy n_Qtes ;
(2) Analyzing anonvmized data to track client progress or identify trends, subject
to review by a licensed professional: and
f3) Identifying and organizing external resources or referrals for client use.
E. "Therat>eutic communication" means any verbal, nonverbal or written interaction.
conducted in a clinical or professional setting, that is intended to diaenose. treat or
address an individual's mental, emotional or behavioral health concerns. "Therapeutic
communication" includes, but is not limited to;
(1) Direct interactions with individuals for the purpose of understanding their
thoughts, emotions or experiences;
f2) Providine guidance, therapeutic strategies or mterventions designed to achieve
mental health outcomes:
f3) Offering emotional support. reassurance or empathy in resrionse to
psvchological or emotional distress;
f4) Collaborating with individuals to develop or modify therapeutic goals or
treatment plans; and
(5) Offermg behavioral feedback intended to promote psychological growth or
address mental health conditions,
F. "Therapy or Dsvchotheraov sei-vices" means services provided to diaenose. treat or
address an individual's mental health or behavioral health through therapeutic
communication.
2. Permitted use of artificial intellieence. A person licensed or privileeed to practice
under this chapter, chapter 145 or chapter 145-A, referred to m this section as "the
licensee," may provide administrative support or supplementarv supDort inthe delivery_pf
therapy or Dsvchothemov services through the use of artificial intellieence as lone as the
licensee acts within the scope of practice of the licensee's license. in accordance with any
requirements and restrictions imposed by this chapter and in accordance with standards of
practice, and only if;
A, The licensee maintains full lesponsibilifry for all interactions., outputs and data use
associated with the use of arfificial intelligence; and
COMMITTEE AMENDMENT
^
COMiMTTTEE AMENDMENT " M " to H.P, 1397, L.D. 2082
B, For the use of artificial intelligence to assist in providmg supplementary support,
the licensee satisfies the requirements of ^s^^^^^ ,
3. Requirements of use; supplementan' support. A liceasee may use artificial
intelligence to assist in Droviding supplementai'v support in theraov or Dsvchotheraov
services only when the client's therapeutic session is recorded or transcribed, and only if:
A, The client or the client's legally authorized representative is informed in writing_of
the following;
d) That artificial intelligence will be used;
(T) The specific ourpose of the artificial intellieence tool or system that will be
used; and
(3) How session data collected by artificial intelligence will be stored, retained,
used for trainme and deleted upon termmation of therapy or osvchotherapY
services; and
B, The client or the client's legally authorized representative provides_consent_to the
use of artificial intelligence.
4. Prohibition of use. A licensee may use artificial intelligence to m'ovide
suDplementary support only to the extent the use meets the requirements of subsection 3.
A licensee may not allow artificial intelliRence to:
A. Make independent therapeutic decisions;
B. Directly interact with clients in any form of therapeutic CQmmumcatiQn; or
C,_^^^^^^^^ therapeutic recommendations or plans without review and
aBproyal by the licensee.
5. Denial of treatment prohibited; failure to provide consent. A licensee may not
deny, or refuse to provide, therapy or psvchotherapy services to a client on the sole basis
that the client has not provided consent to the use of artificial intelligence to assist in
providing supplementary support in therapy or psychotherapy services,
6. Confidentiality. When usine artificial intellJRence pursuant to this section, a
licensee shall comply with all state and federal confidentialitv and privacy laws and shall
ensure that any artificial intelligence technology is compliant with all state and federal
confidentiality and privacy laws,
7. Professional responsibility. All laws and rules governing professional
resBQnsibUitv. unprofessional conduct and generally accepted standards oLnractice that
apply to a licensee also apply to that licensee when using artificial mtelligence pursuant to
this section.
8. Violation. A violati^^ is subject to disciplinary action by the board
pursuant to Title 10. section 8003. subsection_5.
7 9. Exception. This section does not apply to an artificial intellieence-based
8 intervention that is used solely withm .a researchprpiect apprQYed by an institutional review
board, as defmed in Title 22, section 1711-C, subsection 6. paragraph G, and conducted in
compliance with all applicable fedei'al^ protectjons_for human subjects in research.
COMMITTEE AMENDMENT
A
^
COMMITTEE AMENDMENT "M " to H.P, 1397, L.D, 2082
10. Rules. The board shall adopt rules tojmplement the reauirements of this section,
Rules adopted pursuant to this subsection are major substantive rules as described in Title
5. chapter 375. subchapter 2-A,
11. Client waiver void and unenforceable. Any waiver by a client of the provisions
of this section is contrary to public policy and is void and unenforceable,
12. Rieht to civil action. This section may not be constmed to prohibit a client or a
client's authorized representative from:
A, Maintaining an action for harm caused to a client that is attributable to the use of
artificial intelligence to assist in providing administrative support or supplementary
support in the delivery of therapy or psychotherapv services;
B. Maintaining an action alleging professional negligence of a licensee; or
C, Seeking any other remedies available under other provisions of law.
Sec. 4. 32 MRSA §3300-J is enacted to read;
§3300-J. Use of artificial intellieence to assist in providine administrative support
and supplementary support in therapy or psychotherapy services
1. Definitions. As used in this section, unless the context otherwise indicates, the
following terms have the followLng meamngs,
A. "Administrative support" means tasks performed to assist a licensed professional
in the deliveiy of therapy or psvchotherapv services that do not mvolve therapeutic
communication, "Administrative support" includes. but is not limited to:
d) Managinp appointment scheduling and reminders;
(T) Processing billing and insurance claims; and
(3) Drafting general communications related to the logistics of delivering therapy
or usychotherapy services that do not include therapeutic communication.
B. "Artificial intelligence" means a machine-based system that, for explicit or implicit
objectives, infers, from the input it receives, how to generate outputs, such as
predictions, content, recommendations or decisions, that can influence physical or
virtual environments.
C, "Consent" means a clear, explicit and affirmative act by an mdividual that:
ynambiguouslv communicates the mdividual's express, informed, voluntary, specific
and unambiguous written agreement, including a written agreement provided _by
electronic means or provided by initialing a specific section of an individual's general
consent to treatment agreement; and is rev_ocable by the individual.
"Consent" does not include an agreement that is obtamed by:
5 d) The acceptance of a general or broad terms-of-use agreement or a similar
document that contains descriptions of artificial intelligence alone with unrelated
information;
8 (2~) An individual's hovering over, muting, pausing or closing a given piece of
electronic content; or
C3) An agreement obtained through the use of decentive actions.
COMMITTEE AMENDMENT
COMMITTEE AMENDMENT " ^4-" to H,P. 1397, L,D, 2082
D. "Smplementary 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 notljmited to:
d) Preparme and maintainine client records, includine therapy notes;
(2) Analyzing anonymized data to track client progress or identify trends, subject
to review by a licensed professional; and
(31 Identifying and organizing external resources or referrals for client use,
E. "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 mdividual's mental, emotional or behavioral health concerns. "Therapeutic
communication" includes, but is not limited to;
d) Direct interactions with individuals for the omwse of understanding their
thoughts, emotions or experiences;
(2} Providing guidance, therapeutic strategies or interventions designed to achieve
mental health outcomes;
(3') Offering emotional support, reassurance or empathy in response to
nsvchological or emotional distress;
(4) Collaborating with individuals to develop or modify therapeutic goals or
treatment plans; and
(5) Qffermg behavjoral feedback intended to promote psvchologicalgi'ovrfh or
address mental health conditions.
F, "Therapy or psychotherapy services" means services provided to diagnose, treat or
address an individual's mental health or behavioral health through therapeutic
communication,
2. Permitted use of artificial intellieence. A person licensed or privileged to practice
under this chapter, chapter 145 or chapter 145-A. referred to in this section as "the
licensee," may provide administrative support or supplementary support in the deliverv of
theraffl/ or DSYchotherapv services through the use of artificial mtelligence as long as the
licensee acts within the scope of practice of the licensee's license, maccoixiancew^i^^^^^^
reouirements and restrictions imposed by this chapter and in accordance with standards of
practice, and only if;
A. The licensee maintains full responsibility for all interactions, outputs and data use
associated with the use of artificial intelligence; and
B. For the use of artificial intelligence to assist in providing supplementary support.
6 the licensee satisfies the requirements of subsection 3 ,
3, Requirements of use; supplementary support. A licensee may use artificial
8 intelligence to assist in providing supplementary supoort in therapy or osvchotherapy
services only when the client's therapeutic session is recorded or transcribed, and only if;
A, The client or the client's legally authorized representative is informed in writmg of
the following:
COMMITTEE AMENDMENT
^03
COMMITTEE AMENDMENT "jR " to H,P, 1397, L.D. 2082
{D That artificial intelligence will beused;
f2) The specific purpose of the artificial intelligence tool or system that will be
used; and
(3} How session data collected by artificial intelligence will be_storecLj'etained,
used for training and deleted upon termination of therapy or psychotherapv
services; and
B, The client or the client's legally authorized representative provides consent to the
use of artificial intelligence,
4. Prohibition of use. A licensee may use artificial intellieence to Broyjde
supplementary support only to the extent the use meets the requirements of subsection 3,
A licensee may not allow artificial intelligence to:
A, Make independent therapeutic decisions;
IL Directlv interact with clients m_anv form of therapeutic communication; or
C. Generate therapeutic recommendations or treatment plans without review and
afiproval.bvthe_licensee,
5. Denial of treatment prohibited; failure to provide consent. A Ucenseejnay not
deny. or refuse to provide, therapy or psvchotherapy services to a client on the sole basis
that the client has not provided consent to the use of artificial intelligence to assist in
providmg supplementary suooort in therapy or osvchotheraov services .
6. Confidentiality. When using artificial intelligence pursuant to this section, a
licensee shall comply with all state and federal confidentiality and privacy laws and shall
ensure that any artificial intelligence technology is compliant with all state and federal
confidentiality and privacy laws.
7. Professional responsibility. All laws and rules governing professional
responsibility, unprofessional conduct and generally accepted standards of practice that
apply to a licensee also apply to that licensee when using artificial intelligence pursuant to
this section,
8. Violation. Aviolation ofthis section is_subiect to disciplmary action bv_the board
pursuant to Title 10. section 8003. subsection 5,
9._Exception^ This_^^ an artificial intelligence-based
intei-vention that is used solely within a research project aporoved by an instititional review
board, as defined in Title 22. section 1711-C. subsection 6. paragraph G, and conducted in
3 compliance with all applicable federal protections for human subjects in research,
KL Rules^ The boardshall adopt rules to implement the requirements of this section,
Rules adopted pursuant to this subsection are major substantive rules as described in Title
6 5, chapter 3 75, subchapter 2-A,
11. Client waiver void and unenforceable. Any waiver by a client of the eroyisions
of this section is contrary to public policy and is void and unenforceable.
12. Rieht to civil action. This section may not be construed tojirohibit a client ora
client's authorized representative from;
COMMITTEE AMENDMENT
A'
COMMITTEE AMENDMENT "H " to H.P,1397, L.D.2082
A, M^aintainine an action for harm caused to a client that is attributable to the use of
artificial intelligence to assist in oroviding administrative support or supplementary
sunportin the delivery of therapy or psvchotherariv services;
B, Mamtaming an action alleging professional negligence of a licensee; or
C. Seeking any other remedies available under other provisions of law.
Sec. 5. 32 MRSA §3820-A is enacted to read:
83820-A. Use of artificial intellieence to assist in providine administrative support
and supplementary support in therapy or psychotherapy services
1. Definitions. As used m this section, unless the context otherwise indicates, the
following terms have the following meanings.
A. Administrative support means tasks performed to assist a licensed professional
in the delivery of therapy or Dsvchotherapy services that do not involve theraDeutic
communication. "Administrative support" includes , but is not limited to:
d) Managina aiwointment scheduling and reminders;
(2} Processing billing and insurance claims: and
(3} Drafting general communications related to the logistics ofdelivermg therapy
or osvchotherapy services that do not include therapeutic communication,
B. "Artificial mtelligence" means a machine-based system that, for explicit or implicit
objectives, infers, from the input it receives, how to generate outputs, such as
predictions, content, recommendations or decisions, that can influence phvsical or
vu-tual environments.
C, "Consent" means a clear, explicit and affirmative act by an individual that:
unambiguouslv communicates the individual's express. informed, voluntary, specific
and unambieuous written agreement. including a written agreement provided by
electronic means or provided by initialine a specific section of an individual's general
consent to treatment agreement; and is revocable by the individual,
"Consent" does not include an agreement that is obtained by;
CD The acceptance of a general or broad terms-of-use agreement or a similar
document that contains descriptions of artificial intelligence along with unrelated
information;
(2) An individual's hoverine over. muting, pausine or closing a given piece of
electronic content; or
C31_An agreement obtained through the use of deceptive actions.
D. "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;
d) Preparing and maintainine client records, including therapy notes;
f2) Analyzing anonymized data to track client proeress or identify trends, subject
to review by a licensed professional; and
COMMITTEE AMENDMENT
A'
COMMITTEE AMENDMENT "/+ " to H.P. 1397, L.D. 2082
{3) Identifying and oreanizmg external resources or referrals for client_use.
E. "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
^U^ 5 communication" includes, but is not limited to:
d') Direct mteractions_with individuals for the purpose of understanding their
thoughts, emotions or experiences;
f2) Providine guidance, therapeutic strategies or interventions designed to achieve
mental health outcomes;
f3) Offerine emotional support, reassurance or empathy in response to
psychological or emotional distress;
(4} Collaboradng with individuals to develop or modify therapeutic goals or
treatment .plans; and
{5) Offering behavioral feedback intended to promote osvcholoeical growth or
address mental health conditions,
F. "Theraov or psychotherapy services" means services provided to diagnose^treator
address an individual's mental health or behavioral health through therapeutic
communication.
2. Permitted use of artificial intellieence. A person licensed or privileged to practice
under this chapter, referred to in this section as "the licensee." may provide administrative
suCTQrt or supplementarv suooort ia the delivery of therapy or psychotheranv services
through the use of artificial intelligence as long as the licensee acts within the scope of
practice of the licensee's license, in accordance with any requirements and restrictions
imposed by this chapter and in accordance with standards of practice, and only i£
A. The licensee maintains full responsibility for all interactions, outputs and data use
associated with the use of artificial intelligence; and
B, For the use of artificial intelligence to assist in providing supplementary support.
the licensee satisfies the recmirements of subsection 3.
3. Requirements of use; supplementary support. A licensee may use artificial
intelligence to assist in providing supplementary support in therapy or psvchotherapv
services only when the client's therapeutic session is recorded or transcribed, and onlv_if:
A, The client or the client's legally authorized representative is informed in writing of
the following:
jCll That artificial intelligence will be used;
f2) The specific purpose of the artificial intellieence tool or system that will be
used; and
(3~) How session data collected by artificial intelligence will be stored, retained,
used for training and deleted upon termination of therapy or psychotherapv
services; and
B, The client or the client's legally authorized representative provides consent to the
use of artificiaLintelligence,
COMMITTEE AMENDMENT
^0<5
COMMITTEE AMENDMENT "U." to H.P. 1397, L,D, 2082
4. Prohibition of use. A licensee may use artificial intellkence to provide
supplementary support only to the extent the use meets the reguirements of subsection 3 ,
A licensee may not allow artificial intelligence to:
A, Make independent therapeutic decisions;
B. Directly interact with clients m any form of therapeutic communication; or
C. Generate therapeutic recommendations or treatment plans without review and
approval by the licensee.
5. Denial of treatmeniLBrohibjtedsJ'ailure to provide consent. A licensee may not
deny. or refuse to provide, therapy or psvchotheraov services toa_client on the sole basis
that the client has not provided consent to the use of artificial intelligence to assist m
providine supplementary support in therapy or psvchotheraov services,
6. Confidentiality. When using artificial intelligence pursuant to this section, a
licensee shall comply with all state and federal confidentiality and^nvacv laws and shall
ensure that any artificial mtelligence_ technology is_compliant with all state and federal
confidentiality and privacy laws.
7. Professional responsibility. All laws and rules governing professional
responsibility, unwofessional conduct and generally accepted standardsof practice that
apply to a licensee also apply to that licensee when using artificial intelligence pursuant to
this section,
8. Violation. A violation of this section is subject to disciplinary action by the board
pursuant to Title 10. section 8003. subsection 5.
9. Exception. This section does not apply to an artificial intelligence-based
intervention that is used solely within a research oroi ect_aDErQved by an institutional review
board, as defmed in Title 22^ section 1711 -C, subsection 6, paragraph G. and conducted m
compliance with all applicable federal oroteMons forhuman_subiects in research.
10. Rules. The board shall adopt rules to implement the requirements of this section ,
Rules adopted pursuant to this subsection are major substantive rules as described in Title
5. chapter 375. subchapter 2-A.
11. Client waiver void and unenforceable. Any.waiver by a client of the provisions
of this section is contrary to public policy and is void and unenforceable,
12. Right to civil action. This section may not be construed to prohibit a client or a
client's authorized representative from:
A. Maintauunfi an action for harm caused to a client that is attributable to the use of
4 artificial intelligence to assist in orovidme administrative support or suoolementarv
support in the delivery of therapy or Dsvchotheraov services;
B. Maintaining an action alleging professional negligence of a licensee; or
C. Seekine any other remedies available under other provisions of law,
8 Sec. 6. 32 MRSA §6207-D is enacted to read:
§6207-D. Use of artificial intellieence to assist in proYidine administrative support
and supplementary support in therapy or psychotheraov services
COMMITTEE AMENDMENT
•A'
COMMITTEE AMENDMENT "H " to H.P. 1397, L,D. 2082
1, Deimitions. Asjused m this section, unless the context otherwise indicates, the
following terms have the following meanings,
A, "Administrative support" means tasks performed to assist a licensed professional
in the delivery of therapy or psvchotherapv services that do not involve therapeutic
communication, "Administrative suooort" includes. but is not limited to:
d} Managing auoointment scheduling and reminders;
(2) Processing billing and insurance claims; and
(3) Drafting general communications related to the logistics of delivering therapy
or psychotherapy services that do not include therapeutic communication.
B,. Artificial intelligence" means a machme-based system that, for explicit or implicit
objectives, infers, from the input it receives, how to generate outputs, such as
predictions, content, recommendations or decisions, that can influence physical or
virtual environments,
C, "Consent" means a clear, explicit and affirmative act by an individual that;
unambiguously communicates the individual's express, informed, voluntary, specific
and unambiguous written agreement, includmg a written agreement provided by
electronic means or provided by initialing a specific section of an individual's general
consent to treatment agreement; and is revocable by the individual.
"Consent" does not include an aesreement that is obtained by;
d) The acceptance of a general or broad terms-of-use agreement or a smiilar
document that contains descriptions of artificial intelligence alone with unrelated
information;
• (21 An individual's hoverine over, mutine. pausing or closing a given piece of
electronic content; or
(3) An agreement obtained through the use of deceptive actions,
D. "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;
(D Preparine and maintainine client records, including therapy notes;
(2) Analyzing anonymized data to track client progress or identify trends, subject
to review by a licensed professional; and
(3) Identifying and organizing external resources or referrals for client use.
E, "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:
d) Direct interactions with individuals for the purpose of understanding their
thoughts, emotions or experiences;
(2) Providing guidance, therapeutic strategies or interventions designed to achieve
mental health outcomes;
Pagel4-132LK2838(02)
COMMITTEE AMENDMENT
COMMITTEE AMENDMENT " /U" to H,P, 1397, L,D, 2082
(3) Offering emotional support. reassurance or empathy in response to
psychological or emotional distress;
('4) Collaborating with individuals to develop or_jnodifv therapeutic goals or
treatment plans; and
(5~) Offerine behavioral feedback intended to promote psychological erowth or
address mental health conditions.
P. "Therapy or psychotherapy services" means services provided to diagnose, treat or
address an individual's mentaLJiealth or behavioral health through therapeutic
communication.
2. Permitted use of artificial intelligence. A person licensed under this chapter.
referred to in this section as "the licensee." may provide administrative support or
supplementary support in the delivery of therapy or psvchotherapyservices through the use
of artificial intelUgence as long_as_the licensee acts within the scope of practice of the
licensee's license, in accordance with any requirements ancL^estrictiQns imposed by this
chapter and in accordance with_staQdards of practice, and only if;
A, The licensee mamtains full responsibility for all interactions, outputs and data use
associated with the use of artificial intelligenceLand
B. For the use of artificial intelligence to assist in providmg supplementar/ suDport.
the licensee satisfies the requirements of subsection 3.
3. Requirements of use; supplementary support. A licenseemay use artificial
intelligence to assist in providing supplementary support in therapy or psychotherapy
services only when the client's therapeutic session is recorded or transcribed,_and only if;
A. The client or the client's legally authorized representative is informed in writing of
the followine:
d) That artificial intelligence will be used;
(2) The specific purpose of the artificial intelligence tool or system thatwill be
used; and
(3) How session data collected by artificial intellieeace will be stored, retained,
used for training and deleted upon termination _o0heram/c>rpSYchotherapv
services; and
B, The client or the client's legally authorized representative provides consent to the
2 useofarti^
4. Prohibition of use. A licensee may use artificial intelligence to provide
suDplementary support only to the extent the use meets the reQuirements of subsection 3.
5 A licensee may not allow artificial intelligence to:
6 A. Make independent therapeutic decisions;
7 B. Directly interact with clients in any form of therapeutic communication; or
C. Generate therapeutic recommendations or treatment plans without review and
approval by the licensee,
5. Denial of treatment prohibited; failure to provide consent. A licensee may not
deny, or refuse to provide, therapy or psvchotheraov services to a client on the sole basis
COMMITTEE AMENDMENT
^os
COMMITTEE AMENDMENT '^ " to H.P.1397, L,D,2082
r\ •-'""•-""-
that the client hasno^Ln'oyided consent_to the use of artificial intelligence to assist in
providine supplementary support in therapy or psYchQtheranv services.
6. Confidentiality. When using artificial intelligence pursuant to this section, a
licensee shall comply with all state_and federal confidentiality and privacy laws and shall
ensure that any artificial intelligence technology is compliant with all state and federal
confidentiality and privacy laws.
7. JProfessjonaLresDonsibiIity. All laws and rules governing professional
responsibility, unprofessional conduct and generally accepted standards_of practice that
aeplv to a licensee also apply to that licensee when usm£ artificial mtelligence pursuant to
this section,
8. Violation. A violation of this section is subject to disciplinary action by the board
mirsuant to Title 10. section 8003. subsection 5,
9. Exception. This section does not apnlv to an artificial intelligence-based
mtervention that is used solely within a research Bmiect approved bv: an institutional revjew
board, as defmed in Title 22, section 1711-C. subsection 6. paragraph G, and conducted in
compliance with all applicable federal protections for human subjects in research,
10. Rules. The board shall adopt rules to implement the requirements of this section,
Rules adopted pursuant to this subsection are major substantive rules as describecLin Title
5, chapter 3 75, subchapter 2-A,
11. Client waiver void and unenforceable. Any waiver by a client of the Brovisions
of this section is contrary to public policy and is void and unenforceable,
12. Rieht to civil action. This section may not be construed to prohibit a client or a
client's authorized representative from:
A, Maintaining an action for harm caused to a client that is attributable to the use of
artificial intelligence to assist in orovidine admmistrative suooort or suDplementarv
support in the delivery of therapy or psychotherapy services;
B. Maintaining an action alleeine nrofessional negligence of a licensee; or
C, Seeking any other remedies_available under other provisions of law,
Sec. 7. 32 MRSA §7009 is enacted to read:
§7009. Use of artificial intelligence to assist inprovjduie administrative support and
supplementary support in therapy or psychotherapy services
1. DefinitiQns. As used in this section, unless the context otherwise indicates, _the
followine terms have the following meanings,
A. "Administrative suopQrt" means tasks performed to assist a licensed professional
in the delivery of therapy or Dsvchotheraov services that do not involve therapeutic
communication. "Administrative support" includes, but is not limited to;
d) Managing appointment_schedulmg and remmders;
(2) Processing billing and insurance claims; and
9 C3) Drafting general communications related to the logistics of delivering therapy
or psychotherapy services that do not include therapeutic communication.
COMMITTEE AMENDMENT
P.OS
COMMITTEE AMENDMENT '<f-\-" to H.P, 1397, L.D. 2082
B, "Artificial intelligence" means a machine-based system that. for explicit or implicit
objectives, infers, from themtnit it receives, how to generate outputs, such as
predictions, content, recommendations or decisions, that can influence physical or
virtual environments.
C. "Consent" means a clear, explicit and affirmative act by an individual that:
unambiguouslv communicates the individual's express, informed, voluntary, specific
and unambieuous written agreement. includmg a wri.tten agreement_i:)roYided_bv
electronic means or provided by mitialine a specific section of an individual's general
consent to treatment aereement; and is revocable by the individual,
"Consent" does n_ot include an agreement that is obtained by ;
(1) The acceptance of a general or broad terms-of-use agreement or a similar
document that contains descriptions of artificial intelligence alone with unrelated
information;
(2) An individual's hovermg over. muting, pausme or closing a eiven piece of
electronic content; or
(3) An agreement obtained through the use of deceptive actions,
D. "Supplementary support" means tasks performed to assist a licensed professional
in thedelivery of therapy or Dsvchotheraov services that do not involve therapeutic
communication and that are not administrative support. "Suonlementarv support"
includes, but is notlimited toi
('D Preparine and maintainme client records, including therapy notes;
C2) Analyzing anonvmized data to track client progress or identify trends, subject
to review by a licensed professional; and
(3'LIdentifying and oreanizine external resources or referrals for client use,
E. "Therapeutic communication" means any verbal, nonverbal or written mteraction,
conducted in a cUnical or professional setting, that is mtended to diagnose, treat or
address an individual's mental, emotional or behavioral health concerns. "Therapeutic
communication" mcludes. but is not Imiited to:
d) Direct interactions with uidividuals_for the_BurBose of understanding their
thoughts, emotions or experiences;
(2) Providme guidance. therapeutic strategies or interventions designed to achieve
mental health outcomes;
(3) Offering emotional support. reassurance or empathy in response to
psychological or emotional distress;
f4) Collaborating with individuals to develop or modify therapeutic goals or
treatment plans; and
f5) Offering behavioral feedback intended to promote psvcholoeical erowthor
8 address mental health conditions,
F, "Therapy or psychotheraDV services" means services provided to diagnose,^^^fr or
address an individual's mental health or behavioral health through therapeutic
communication.
Pagel7-132LR2838(02)
COMMITTEE AMENDMENT
A-
^os
COMMITTEE AMENDMENT " /4." to H.P. 1397, L.D, 2082
2. Permitted_use of_artiflcial intellieence. A persQn licensed under this chapter,
referred to in this section as "the licensee," may provide administrative support or
suBplementary support in the delivery of therapy or osvchotherapy services through the use
of ai'tificialmtellifience as_ long as the licensee acts_ within the scope of practice of the
licensee's license, in accordance with any requirements and restrictions imposed by this
chapter and m_accordance with standards of practice, and only if:
A. The licensee maintains full responsibility for all interactions, outeyts and data use
associated with the use of artificial intelligence; and
B. For the use of artificial intelligence to assist in providing supplementary support.
the licensee satisfies the requirements of subsection 3.
3. Requirements of use; supplementary support. A licensee may use artificial
intelligence to assist in providine supplementary support in therapy or psvchotheraov
services only when the client's therapeutic session is recorded or transcribed, and only if;
A, The client or the client's legally authorized representative is informed in writing of
the following;
fl) That artificial intelligence will be used;
(T) The specific purpose of the artificial intelligence tool or system that will be
used; and
(3) How session data collected by artificial intelligence will be_stored^j-etained.
used for training and deleted upon_termmation of therapy or psychotherapv
services; and
B. The client or the client's legally authorized representative provides consent to the
use of artificial intellieence,
4. Prohibition of use. A licensee may use artificial intellieence to provide
suoolementarv support only to the extent the use meets the requirements of subsection 3,
A licensee may not allow artificial intelligence to;
A. Make independent therapeutic decisions;
B, Directly interact with clients in any form of therapeutic commumcation; or
C. Generate therapeutic recommendations or treatment plans without review and
approval by the licensee,
5. Denial of treatment prohibited; failure to provide consent. A licensee may not
2 deny. or refuse to provide, therapy or osvchotheraov services to a client on the sole basis
that the client has not provided consent to the use of artificial intelligence to assist in
Brovidine swplementarv support in therapy or psychotherapy services.
6. Confidentiality. When _usm^ artificial mt^ section,i_a
licensee shall comply with all state and federal confidentiality and privacy laws and shall
ensure that any artificial intelligence technology is compliant with all state and federal
8 confidentiality and privacy laws.
7. Professional responsibility, All_laws and rules governing professional
responsibility, unorofessional conduct and generally accepted standards of practice that
apply to a licensee also apply to that licensee when using artificial intelligence pursuant to
this section,
COMMITTEE AMENDMENT
•A-
COMMITTEE AMENDMENT "M " to H.P. 1397, L,D. 2082
8. Violation. A violation of this section is_subject to disciplinary action by the board
pursuant to Title 1 0, section 8003. subsection 5.
9. Exception. This section does not apply to an artificial intelligence-based
intervention that is used solely within a research project approved by an institutional review
board, as defined in Title 22. section 1711-C. subsection 6. paragraph G. and conducted in
compliance with all applicable federal protections for human subiects in research,
10. Rules. The board shall adopt rules to implement the requirementsof thissection,
Rules adopted pursuant to this subsection are maior substantive rules as described in Title
5, chapter 375, subchapter 2-A,
11. Client waiver void and unenforceable. Any waiver bv a client of the provisions
of this section is contrary to public policy and is void and unenforceable.
12. Rieht to civil action. This section may not be construed to urohibit a client or a
client's authorized representative from;
A. Maintaining an action for harm caused to a client that is attributable to the use of
artificial intelligence to assist in providine admmist-ative swDort or suoolementarv
support in the delivery of therapy or psvchotheraDV services;
B, Maintaining an action alleging professional negligence of a licensee; or
C, Seekinp any other remedies available under other nrovisions of law.
Sec. 8. 32 MRSA §13870 is enacted to read:
§13870. Use of artificial intelligence to assist in providine administrative support and
su^ementary supDort m or psychotherapv seryices
1. Definitions. As used m this section, unless the context otherwise indicates, the
followine terms have the following meanings,
A. "Admmistrative supoortineans tasks performed to assist a^ U professional
in the delivery of theraw or psvchotheraov services that do not involve therapeutic
communication. Administratiye support" includes, but is not limited to;
d) Managing appointment scheduling and remmders;
f2) Processing billing and insurance claims; and
{3) Drafting general communications related to the loeistics ofdeliverine therapy
0 pr psychotherapy services that do not include therapeutic communication.
B, "Artificial intelligence" means a machine-based system that. for explicit or implicit
objectives, infers, from the input it receives, how to generate outDuts._such_.as
predictions^_content,recominendations or decisions, that can influence _ physical or
virtual environments.
C. "Consent" means a clear, explicit and affirmative act by an individual that;
ynambiguously communicates the individual's express, mformed, voluntar/, specific
and unambiguous written, agreement, including a written agreement provided bv
electronic means or provided by initialme a specific section of an individual's general
consent to treatment agreement; and is revocable by the individual.
"Consent" does not include an agreement that is obtained by:
COMMITTEE AMENDMENT
•" to H.P.
^os
COMMITTEE AMENDMENT " A-" to H.P. 1397, L,D. 2082
d) The acceptance of a general or broad terms-of-use agreement or a similar
document that contains descni3tiQn_s_of artificial intelligence along with unrelated
mfonnatioD;
f2) An individual's hovering over. muting, pausing or closing a given piece of
electronic content; or
(3) An agreement obtained through the use of deceptive actions.
D, "Supplementary suooort" means tasks performed to assist ajiceased professional
in the delivery of therapy or psvchotherapy services that do not involve therapeutic
communication and that are not administrative support, "Suoolementarv suooort"
includes, but is not limited to;
fl) Preparing and maintaining client records, including therapy notes;
(2) Analyzing anonvmized data to track client progress or identify trends, subject
to review by a licensed professional; and
(3} Identifying and organizing external resources or referrals for client use.
E. "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 indiyidualLs mental, emotional or behavioral health concerns. "Therapeutic
communication" includes, but is not limited to;
(I) Direct interactions with individuals for the purpose of understanding their
thoughts, emotions or experiences;
f2) Providing guidance, therapeutic strategies or interventions designed to achieve
mental health outcomes;
(3} Offermg emotional suooort, reassurance or emp_athy in resix)nse_to
psychological or emotional distress;
C4) Collaborating with individuals to develop or modify therapeutic goals or
treatment plans; and
(5) Offering behavioral feedback intended to promote psychological growth or
address mental health conditions,
F. "Therapy or psychotherapy services" means services provided to diagnose, treat or
address an indiyiduals mental health or behavioral health through therapeutic
communication,
2. Permitted use of artificial intelligence. A person licensed under this chapter,
referred to in this section as "the licensee," may provide administrative support or
supplementary support in the delivery of therapy or psychotherapy services through the use
of artificial intelligence as long as the licensee acts within the scope of practice of the
licensee's license, in accordance with any requirements and restrictions imposed by this
chapter and in accordance with standards of practice, and only if:
A. The licensee maintains full responsibility for all interactions. outputs and data use
9 associated with the use of artificial intelUgenceLand
B, For the use of artificial intellieence to assist in providine supplementary support.
the licensee satisfies the requirements of subsection 3 ,
COMMITTEE AMENDMENT
\" to H,P,
yps
COMMITTEE AMENDMENT " f-\" to H,P, 1397, L.D, 2082
3. Requirements of use; supplementan' support. A licensee may use artificial
intelligence to assist m providing supplementary support in therapy or psvchotherapv
services only when the client's therapeutic session is recorded or transcribed, and only if:
A. The client or the client's legally authorized representative is informed in writing of
the following:
d) That artificial intelligence willbejused;
(2) The specific purpose of the artificial intelligence tool or system that will be
used; and
(3) How session data coUected by artificial intelligence will be stored, retained.
used for training and deleted upon termination of therapy or psychotherapv
services; and
B, The client or the client's legally authorized representative provides consent to the
use of artificial intelligence.
4. Prohibition of use. AJicensee may use artificial intelligence to provide
supplementary support only to the extent the use meets the reouirements of subsection 3 ,
A licensee may not allow artificialmtelligence to;
A. Make independent therapeutic decisions;
B, Du-ectly interact with clients m any form of therapeutic communication; or
C. Generate therapeutic recommendations or treatment plans without review and
approval by the licensee.
5. Denial of treatment prohibited; failure to provide consent. A licensee may not
deny, or refusejo provide, theraov or osvchotheraDV services to a client on the sole basis
that the client has not provided consent to the use of artificial intelligence to assist in
providmg supplementary support m_therapv or psvchotherapy services.
6, Confidentiality. When using artificial intellieence pursuant to this section. a
licensee shall comply with all state and federal confidentiality and privacy laws and shall
ensure that any artificial intellieence technology is compliant with all state and federal
confidentiality and privacy laws.
7. Professional responsibility. All laws and rules eoveminR professional
0 responsibility, unprofessional conduct and generally accepted standards of practice that
apply to a licensee also apply to that licensee when using artificial intelligence pursuant to
this section,
8. Violation. A violation of this section is subject to disciplinary action by the board
pursuant to Title 10. section 8003, subsection 5.
9. Exception. This section does not apply to an artificial intellieence-based
6 intervention that is used solely within a research project apDi'oved by an institutional review
7 board, as defined in Title 22. section 1711-C. subsection 6. paragraph G, and conducted in
compliance with all applicable federal protections for human subiectsmrc^
10. Rules. The boarcLshall adopt rules to implement the requirements of this section,
Rules adopted pursuant to this subsection are major substantive rules as described in Title
5, chapter 375. subchapter 2-A.
Page21-132LR2838(02)
COMMITTEE AMENDMENT
COMMITTEE AMENDMENT "/4 " to H,P. 1397. L,D. 2082
11. Client waiver void and unenforceable. Any waiver by a client of the erovisions
of this section is_contrary to miblic policy and is void and unenforceable,
12. Right to civil action. This section may not be constmed to prohibit a client or a
client's authorized representative from:
A. Maintaming an action for harm caused to a client that is attributable to the use of
artificial intelligence to assist in providine administrative support or supplementary
sypfiort in the delivery of therapy or psvchQtheraBVsemces;
B, Mamtaining an action alleging professional negligence of a licensee; or
C, Seeking any other remedies available under other provisions of law,'
Amend the bill by relettermg or renumbering any nonconsecutive Part letter or section
number to read consecutively,
SUMMARY
This amendment replaces the bill. The amendment prohibits any person from
providing, advertising or otherwise offering therapy or psychotherapy services, including
through the use oflnternet-based artificial intelligence, to the public unless the therapy or
psychotherapy services are provided by a licensed professional, The amendment provides
an exception for an artificial intelligence-based intervention that is used solely within a
research project conducted in compliance with all applicable federal protections for human
subjects in research, A violation of the prohibition is a violation of the Maine Unfair Trade
Practices Act,
The amendment authorizes certain licensed professionals who are able to provide
therapy or psychotherapy services within the scope of their license to use artificial
intelligence to assist in providing administrative support or supplementary support in
therapy or psychotherapy services, The amendment provides requirements for the use of
artificial intelligence as well as prohibitions on its use, The amendment establishes that
any violation by a licensed professional is subject to disciplinary action by the relevant
licensing board and clarifies that the statutory language may not be construed to prohibit a
client or a client's authorized representative from maintaining an action for harm caused to
a client that is attributable to the use of artificial intelligence to assist in providing
administrative or supplementary support as part of therapy or psychotherapy services;
maintammg an action allegmg professional negligence by a licensee; or seeking any other
remedies available under other provisions of law. The amendment also requires that each
respective licensing board adopt rules to implement these requirements and designates
those rules as major substantive subject to legislative review and approval,
5 FISCAL NOTE REQUIRED
(See attached)
COMMITTEE AMENDMENT
Revised; 03/19/26 1-Kt-
LD 2082 LR 2838(02)
An Act to Regulate the Use of Artificial Intelligence in Providing Certain Mental Health Services
Fiscal Note for Bill as Amended by Committee Amendment
Committee: Health Coverage, Insurance and Financial Services
Fiscal Note Required: Yes
^ c^
Fiscal Note
Minor cost increase - General Fund
Minor cost increase - Other Special Revenue Funds
Minor revenue increase - General Fund
|Correctional and Judicial Impact Statements
This bill may increase the number of civil suits filed in the court system, The additional workload associated with the
minimal number of new cases filed in the court system does not require additional funding at this time, The collection
of additional filing fees will increase General Fund revenue by minor amounts,
Fiscal Detail and Notes
Any additional administrative costs to the Department of Professional and Financial Regulation, Office of
Professional and Occupational Regulation associated with implementing the provisions of this bill, including
rulemaking and oversight of licensed professionals, can be absorbed within existing budgeted resources,
LR2838(02) - Fiscal Note - Page 1 of 1