Artificial intelligence; prohibit use in provision of professional mental and behaioral health care.
Mississippi House Bill 1720 (2026 Regular Session), introduced by Representative Yancey, prohibits the use of artificial intelligence in the direct delivery of professional mental and behavioral health care. Under Section 1, 'professional mental or behavioral health care' covers counseling/psychotherapy (Section 73-30-3), psychology (Section 73-31-3), social work and clinical social work (Section 73-53-3), marriage and family therapy (Section 73-54-5), art therapy (Section 73-65-1), and music therapy (Section 73-66-3). Licensed practitioners in these fields—referred to as 'licensees'—are barred from using AI in their practice but may use AI for administrative and supplementary support services such as scheduling, billing, records management, operational data analysis, and organizing referrals. However, AI may not be used to make independent therapeutic decisions, directly interact with clients therapeutically, generate treatment plans without licensee review, or detect a person's emotional or mental state. When AI is used in tasks involving patient records or session transcriptions (items 4–6 of the administrative exceptions), the patient or their legally authorized representative must receive written notice of the AI's use and its specific purpose, and must provide explicit, informed, voluntary, written consent—which is revocable at any time and cannot be obtained through broad terms-of-use agreements or deceptive means. Section 1 also prohibits any individual, corporation, or entity from offering therapy or psychotherapy services—including internet-based AI—unless conducted by a licensed professional. Violations carry a civil penalty of up to $10,000 per violation, enforceable by the Attorney General. Sections 2 through 7 amend existing disciplinary provisions for counselors (Section 73-30-21), psychologists (Section 73-31-21), social workers (Section 73-53-17), marriage and family therapists (Section 73-54-29), art therapists (Section 73-65-13), and music therapists (Section 73-66-17) to add prohibited AI use as an explicit ground for disciplinary action by the relevant licensing board. The act takes effect July 1, 2026 per Section 8.
Status history
Current status as of 2026-02-03
Failed
2026-02-03
observed 2026-10-05
Impact areas
- Enterprise Adoption
- Certifications & Standards
- AI Policy
- Privacy & Data Protection
- Health
- Algorithms & Automated Decisions