AI Frontier Institute

Relative to the use of artificial intelligence to provide services requiring a professional license.

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SB 640-FN, as amended by the New Hampshire Senate, addresses the use of artificial intelligence (AI) to provide services that require a professional license. The bill repeals and reenacts RSA 310:13 to accomplish three main goals. First, it broadly prohibits any individual, corporation, or entity from providing, advertising, or offering professionally licensed services through AI unless a New Hampshire-licensed professional is involved; violations carry a civil penalty of $10,000 per offense, and investigation and prosecution costs up to $10,000 may also be assessed. Second, it allows the Office of Professional Licensure and Certification (OPLC) to collect fees to cover enforcement costs, with recovered sums credited to the office's fund for future investigations. Third, it establishes specific rules for mental health services: AI may not independently provide therapeutic communication directly to a client without the involvement of a licensed New Hampshire mental health professional, though licensed professionals may use FDA-authorized and HIPAA-compliant AI tools for clients under their care with due diligence. Therapy, psychotherapy, and therapeutic communication are defined in detail; exemptions are provided for religious counseling and peer support. The bill also establishes a review commission (RSA 310:13, V) composed of legislative members and representatives from professional associations including the NH Psychological Association, National Association of Social Workers NH, American Association of Marriage and Family Therapy, and NH Community Behavioral Health Association, which must report findings by November 1, 2026. Section 2 repeals the commission provision on November 1, 2026. The Legislative Budget Assistant estimates the total fiscal impact at less than $10,000 per year through fiscal year 2029.

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