Psychotherapy Artificial Intelligence Restrictions
HB 26-1195
Artificial intelligence · Health
HB 26-1195 limits how therapists may use AI: AI may not conduct therapy or make treatment decisions without the professional's real-time involvement and approval, and clients must be told of the limits. Recording or transcribing a session with AI requires advance written disclosure and written consent. Separately, no one may market an AI system as providing psychotherapy or imply therapist-level confidentiality for user data.
- Where
- Colorado
- Citation
- C.R.S. 12-245-224.5; 12-245-224(1)(w); 6-1-1705.2
- Status
- In force
- In force since
- 2026-08-12
- Enforced by
- Mental health licensing boards in the Department of Regulatory Agencies (professional discipline); Attorney General for the consumer-protection section
- People can sue
- No
- Penalties
- Professional discipline by the relevant licensing board; the 6-1-1705.2 prohibitions are part of the Colorado Consumer Protection Act article.
- Applies to
- Licensed, registered, or certified mental health professionals and others lawfully permitted to provide psychotherapy in Colorado (12-245-224.5)
- Any person advertising or operating an AI system (6-1-1705.2)
What a privacy notice must say
- Inform clients at initial contact of the restrictions on AI use in psychotherapy.C.R.S. 12-245-224.5
Practices it requires
- Do not use an AI system to record or transcribe a client's therapy session unless the client is told in advance in writing that AI will be used and for what purpose, consents in writing, and may refuse or revoke consent.C.R.S. 12-245-224.5(4)
- Do not let an AI system engage in therapeutic communication or generate treatment plans without real-time involvement and review by the licensed professional.C.R.S. 12-245-224.5
- Do not advertise or present an AI system as providing psychotherapy, as equivalent to a licensed therapist, or as keeping user data confidential in a way comparable to therapist-client confidentiality.C.R.S. 6-1-1705.2(1)
Sources
- Official text
- HB26-1195 bill page: Psychotherapy Artificial Intelligence Restrictions (Colorado General Assembly)
- HB26-1195 session law, Psychotherapy Artificial Intelligence Restrictions (Colorado General Assembly)
Checked against these sources on 2026-09-25 by research agent (Claude), primary sources.
Unverified: Subsection cites within 12-245-224.5 other than (4) were not individually verified.
Research reference, not legal advice.