Senate Committee of Reference Report
Committee on Health & Human Services
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All text that will be removed from the bill will be indicated by strikethrough as follows:
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This is text that is removed from law. -
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May 6, 2026
After consideration on the merits, the Committee recommends the following:
HB26-1195 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:
Page 1, Line 1Amend reengrossed bill, page 4, line 6, after "prohibited use -" insert
Page 1, Line 2"liability - unfair or deceptive trade practice -".
Page 1, Line 3Page 5, line 25, strike "and".
Page 1, Line 4Page 5, line 27, strike "use." and substitute "use; and
Page 1, Line 5(IV) Collecting mental health or wellness information,
Page 1, Line 6including symptom frequency tracking; mood rating scales;
Page 1, Line 7intake questionnaires and responses; medication adherence
Page 1, Line 8logging; sleep and activity tracking; and use of similar,
Page 1, Line 9structured data collection tools.".
Page 1, Line 10Page 6, before line 1 insert:
Page 1, Line 11"(e) (I) "Synchronous" means interactions occurring
Page 1, Line 12simultaneously in which there is active participation between
Page 1, Line 13the client and the licensee, registrant, certificate holder, or
Page 1, Line 14other individual legally permitted to provide psychotherapy
Page 1, Line 15services in the state.
Page 1, Line 16(II) "Synchronous" does not mean a review of an
Page 1, Line 17interaction after the interaction has occurred.".
Page 1, Line 18Reletter succeeding paragraph accordingly.
Page 1, Line 19Page 8, line 25, after "(6)" insert "(a)".
Page 1, Line 20Page 9, after line 7 insert:
Page 1, Line 21
Page 2, Line 1"(b) A licensee, registrant, certificate holder, or other
Page 2, Line 2individual lawfully permitted to provide psychotherapy
Page 2, Line 3services in the state shall provide to the client during the
Page 2, Line 4initial client contact written information concerning
Page 2, Line 5prohibitions specified in subsection (6)(a) of this section on the
Page 2, Line 6use of artificial intelligence systems in the practice of
Page 2, Line 7psychotherapy.".
Page 2, Line 8Page 10, line 11, before "coaching," insert "patient navigation,".
Page 2, Line 9Page 10, strike lines 16 through 22 and substitute "directories, safety
Page 2, Line 10planning, or other wellness tools that:
Page 2, Line 11(I) Do not diagnose or treat mental health disorders; and
Page 2, Line 12(II) Clearly and conspicuously disclose that the
Page 2, Line 13technology or service is not a substitute for clinical care; or
Page 2, Line 14(b) Is authorized, approved, cleared, or granted
Page 2, Line 15enforcement discretion by the federal food and drug
Page 2, Line 16administration for an intended use that includes the delivery of
Page 2, Line 17behavioral health interventions, including an artificial
Page 2, Line 18intelligence system, and that:
Page 2, Line 19(I) Does not diagnose or treat mental health disorders;
Page 2, Line 20and
Page 2, Line 21(II) Clearly and conspicuously discloses that the
Page 2, Line 22technology or service is not a substitute for clinical care.".
Page 2, Line 23Page 10, after line 23 insert:
Page 2, Line 24"(10) A violation of subsection (5)(a) of this section shall
Page 2, Line 25be deemed an unfair or deceptive trade practice, as provided in
Page 2, Line 26article 1 of title 6.".
Page 2, Line 27Page 11, lines 12 and 13, strike "or information is confidential." and
Page 2, Line 28substitute "is confidential in a manner that would lead a
Page 2, Line 29reasonable user to believe that the data is protected in a
Page 2, Line 30manner comparable to privacy protections afforded by
Page 2, Line 31therapist-client confidentiality in a relationship between a
Page 2, Line 32licensee, registrant, certificate holder, or other person
Page 2, Line 33lawfully permitted to provide psychotherapy services in the
Page 2, Line 34state and the client.".
Page 2, Line 35Page 11, strike lines 14 through 27 and substitute:
Page 2, Line 36"(2) Nothing in this section imposes liability on a licensee,
Page 3, Line 1registrant, certificate holder, or other individual legally
Page 3, Line 2permitted to provide psychotherapy services in the state for
Page 3, Line 3defects in, or failures of, an artificial intelligence system that
Page 3, Line 4are attributable to the developer or deployer of the artificial
Page 3, Line 5intelligence system. The liability of a developer or deployer for
Page 3, Line 6such defects or failures is governed by applicable consumer
Page 3, Line 7protection law.".
Page 3, Line 8Renumber succeeding subsections accordingly.
Page 3, Line 9Page 12, line 25, before "coaching," insert "patient navigation,".
Page 3, Line 10Page 13, strike lines 3 through 9 and substitute "directories, safety
Page 3, Line 11planning, or other wellness tools that:
Page 3, Line 12(I) Do not diagnose or treat mental health disorders; and
Page 3, Line 13(II) Clearly and conspicuously disclose that the
Page 3, Line 14technology or service is not a substitute for clinical care; or
Page 3, Line 15(b) Is authorized, approved, cleared, or granted
Page 3, Line 16enforcement discretion by the federal food and drug
Page 3, Line 17administration for an intended use that includes the delivery of
Page 3, Line 18behavioral health interventions, including an artificial
Page 3, Line 19intelligence system, and that:
Page 3, Line 20(I) Does not diagnose or treat mental health disorders;
Page 3, Line 21and
Page 3, Line 22(II) Clearly and conspicuously discloses that the
Page 3, Line 23technology or service is not a substitute for clinical care.".
Page 3, Line 24Page 13, strike lines 14 and 15.
Page 3, Line 25Reletter succeeding paragraph accordingly.