Florida Senate - 2026                                     SB 344
       
       
        
       By Senator Grall
       
       
       
       
       
       29-00683-26                                            2026344__
    1                        A bill to be entitled                      
    2         An act relating to the use of artificial intelligence
    3         in psychological, clinical, counseling, and therapy
    4         services; creating ss. 490.016 and 491.019, F.S.;
    5         defining the term “artificial intelligence”;
    6         prohibiting the use of artificial intelligence in the
    7         practice of psychology, clinical social work, marriage
    8         and family therapy, and mental health counseling;
    9         providing exceptions; providing an effective date.
   10          
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Section 490.016, Florida Statutes, is created to
   14  read:
   15         490.016 Use of artificial intelligence.—
   16         (1) As used in this section, the term “artificial
   17  intelligence” means any machine-based system that varies in
   18  level of autonomy and that, for any explicit or implicit
   19  objective, infers from the inputs the system receives how to
   20  generate outputs, including, but not limited to, content,
   21  decisions, predictions, or recommendations that can influence
   22  physical or virtual environments.
   23         (2) Except as otherwise provided in this section, a
   24  licensee may not use artificial intelligence in the practice of
   25  psychology or school psychology. A licensee may use artificial
   26  intelligence to:
   27         (a) Assist in administrative or supplementary support
   28  services. Administrative and supplementary support services
   29  include, but are not limited to, all of the following:
   30         1. Managing appointment scheduling and reminders.
   31         2. Drafting general communications related to therapy
   32  logistics that do not involve therapeutic advice.
   33         3. Processing billing and insurance claims.
   34         4. Preparing and managing patient records.
   35         5. Analyzing data for operational purposes.
   36         (b) Record or transcribe a counseling or therapy session if
   37  a licensee obtains written, informed consent at least 24 hours
   38  before the provision of services.
   39         Section 2. Section 491.019, Florida Statutes, is created to
   40  read:
   41         491.019 Use of artificial intelligence.—
   42         (1) As used in this section, the term “artificial
   43  intelligence” means any machine-based system that varies in
   44  level of autonomy and that, for any explicit or implicit
   45  objective, infers from the inputs the system receives how to
   46  generate outputs, including, but not limited to, content,
   47  decisions, predictions, or recommendations that can influence
   48  physical or virtual environments.
   49         (2) Except as otherwise provided in this section, a
   50  licensee, registered intern, or certificateholder may not use
   51  artificial intelligence in the practice of clinical social work,
   52  marriage and family therapy, or mental health counseling. A
   53  licensee, registered intern, or certificateholder may use
   54  artificial intelligence to:
   55         (a) Assist in administrative or supplementary support
   56  services. Administrative and supplementary support services
   57  include, but are not limited to, all of the following:
   58         1. Managing appointment scheduling and reminders.
   59         2. Drafting general communications related to therapy
   60  logistics that do not involve therapeutic advice.
   61         3. Processing billing and insurance claims.
   62         4. Preparing and managing patient records.
   63         5. Analyzing data for operational purposes.
   64         (b) Record or transcribe a counseling or therapy session if
   65  a licensee, registered intern, or certificateholder obtains
   66  written, informed consent at least 24 hours before the provision
   67  of services.
   68         Section 3. This act shall take effect July 1, 2026.