Bill > SB640

This bill prohibits the use of artificial intelligence (AI), defined as computer-based systems designed to perform tasks requiring human cognitive functions, to provide services that require a professional license, such as mental health services, unless those services are delivered by a licensed professional. The bill also allows the Office of Professional Licensure and Certification to collect fees to cover the costs of enforcing this prohibition against unlicensed practice, with a maximum of $10,000 per violation and a cap of $10,000 for investigative and prosecution costs in disciplinary proceedings. Specific requirements are established for the use of AI in mental health services, clarifying that AI cannot independently provide therapeutic communication directly to a client without the involvement of a licensed mental health professional, though licensed professionals can use FDA-authorized and HIPAA-compliant AI tools under their care. The bill also creates a commission to study the impacts of these changes, with a report due by November 1, 2026, and repeals a previous provision related to a study commission.

Government Affairs

https://gc.nh.gov/bill_Status/billinfo.aspx?id=1277&inflect=2