AI Frontier Institute

An Act to Regulate the Use of Artificial Intelligence in Providing Certain Mental Health Services

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Maine LD 2082, signed by the Governor on April 13, 2026 as Public Law chapter 687, bars anyone from offering therapy or psychotherapy to the public, including through internet-based artificial intelligence, unless a licensed professional provides it (10 MRSA §1500-EE). A violation is an unfair trade practice under the Maine Unfair Trade Practices Act. AI interventions used solely within a research project approved by an institutional review board and complying with federal human-subject protections are exempt. The law then sets the same rules for each board that licenses therapists, including psychologists, social workers, counselors, marriage and family therapists, alcohol and drug counselors, and physicians who treat mental disorders (32 MRSA §2113 and parallel sections). Licensees may use AI for administrative support such as scheduling, billing and logistics, while keeping full responsibility for all outputs and data use. They may use AI for supplementary support, such as therapy notes, progress tracking on anonymized data, and referrals, only when the client's session is recorded or transcribed, the client has been told in writing that AI will be used, for what purpose, and how session data is stored, used for training and deleted, and the client has given consent. Agreement buried in general terms of use does not count, consent can be revoked, and care cannot be refused solely because a client declines. Licensees must comply with state and federal privacy and confidentiality laws and ensure the AI they use does too. AI may not make independent therapeutic decisions, interact directly with clients in therapeutic communication, or produce treatment plans without the licensee's review and approval. Violations are subject to board discipline, client waivers are void, and clients keep the right to sue. Each board must adopt rules, which Maine classes as major substantive rules.

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