MISSISSIPPI LEGISLATURE

2026 Regular Session

To: Public Health and Human Services

By: Representative Yancey

House Bill 1720

AN ACT TO PROHIBIT THE USE OF ARTIFICIAL INTELLIGENCE FOR PROVIDING PROFESSIONAL MENTAL AND BEHAVIORAL HEALTH CARE; TO PROHIBIT A PERSON LICENSED TO PROVIDE PROFESSIONAL MENTAL AND BEHAVIORAL HEALTH CARE USING ARTIFICIAL INTELLIGENCE IN HIS OR HER PRACTICE; TO PROVIDE AN EXCEPTION FOR LICENSEES USING ARTIFICIAL INTELLIGENCE FOR CERTAIN ADMINISTRATIVE AND SUPPLEMENTARY SUPPORT SERVICES; TO AMEND SECTIONS 73-30-21, 73-31-21, 73-53-17, 73-54-29, 73-65-13 AND 73-66-17, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT A LICENSEE WHO VIOLATES THIS ACT IS SUBJECT TO DISCIPLINARY ACTION BY THE LICENSING BOARD; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. (1) As used in this section, the following terms have the meanings as defined in this subsection, unless the context clearly indicates otherwise:

(a) "Artificial intelligence" means a machine-based system that, for any explicit or implicit objective, infers from the inputs the system receives how to generate outputs, including, but not limited to, content, decisions, predictions or recommendations that can influence physical or virtual environments.

(b) "Licensee" means person licensed to provide professional mental or behavioral health care.

(i) The practice of counseling/psychotherapy as defined in Section 73-30-3;

(ii) The practice of psychology as defined in Section 73-31-3;

(iii) Social work practice and clinical social work practice as defined in Section 73-53-3;

(iv) The practice of marriage and family therapy as defined in Section 73-54-5;

(v) Practice as a licensed professional art therapist as defined in Section 73-65-1; and

(vi) The practice of music therapy as defined in Section 73-66-3.

(2) (a) Except as otherwise provided in this subsection, a licensee may not use artificial intelligence in the practice of professional mental or behavioral health care.

(b) Except as provided in paragraph (c) of this subsection (2), licensee may use artificial intelligence to assist in administrative or supplementary support services.

(i) Administrative and supplementary support services include, but are not limited to, the following:

1. Managing appointment scheduling and reminders;

2. Drafting general communications related to therapy logistics that do not involve therapeutic advice;

3. Processing billing and insurance claims;

4. Preparing and managing patient records;

5. Analyzing data for operational purposes; or

6. Identifying and organizing external resources or referrals for client use.

(ii) Administrative and supplementary support services do not include:

1. Making independent therapeutic decisions;

2. Directly interacting with clients in any form of therapeutic communication;

3. Generating therapeutic recommendations or treatment plans without review and approval by the licensee; or

4. Detecting a person's emotional or mental state.

(c) No licensed professional shall be permitted to use artificial intelligence as described in items 4. through 6. of paragraph (b)(i) of this subsection where the patient's therapeutic session is recorded or transcribed unless:

(i) The patient or the patient's legally authorized representative is informed in writing of the following: 1. That the artificial intelligence will be used; and

2. The specific purpose of the artificial intelligence tool or system that will be used;

(ii) The patient or the patient's legally authorized representative provides consent to the use of artificial intelligence.

(d) The consent required under paragraph (c) of this subsection (2) must be given by a clear, explicit affirmative act that unambiguously communicates the individual's express, informed, voluntary and specific written agreement, including a written agreement provided by electronic means. Consent is revocable by the patient at any time. Consent is not sufficient for purposes of this section if obtained by:

(i) The acceptance of a general or broad terms of use agreement or a similar document that contains descriptions of artificial intelligence along with other unrelated information; (ii) An individual hovering over, muting, pausing or closing a given piece of digital content; or

(iii) An agreement obtained through the use of deceptive actions.

(3) An individual, corporation or entity may not provide, advertise or otherwise offer therapy or psychotherapy services, including through the use of Internet-based artificial intelligence, to the public in this state unless the therapy or psychotherapy services are conducted by an individual who is a licensed professional.

(4) (a) A person who violates any provision of this section is subject to a civil penalty of not more than Ten Thousand Dollars ($10,000.00) per violation. The Attorney General may investigate potential violations of this section and may bring a civil action against a person alleged to be in violation of this section.

(b) Nothing in this section shall be construed to prohibit:

(i) Any advertisement, statement or representation for or relating to materials, literature and other products which are meant to provide advice and guidance for self-help relating to mental or behavioral health, if the material, literature or product does not purport to offer or provide professional mental or behavioral health care.

(ii) Offering or operating an artificial intelligence system that is designed to be used by a provider of professional mental or behavioral health care to perform tasks for administrative and supplementary support services as provided in subsection (2) of this section.

SECTION 2. Section 73-30-21, Mississippi Code of 1972, is amended as follows:

73-30-21. (1) The board may, after notice and opportunity for a hearing, suspend, revoke or refuse to issue or renew a license or the privilege to practice or may reprimand the license holder or holder of the privilege to practice, upon a determination by the board that such license holder or holder of the privilege to practice or applicant for licensure or the privilege to practice has:

(a) Been adjudged by any court to be mentally incompetent or have had a guardian of person appointed;

(b) Been convicted of a felony;

(d) Obtained a license or certificate or the privilege to practice by fraud, deceit or other misrepresentation;

(e) Engaged in the conduct of professional counseling in a grossly negligent or incompetent manner;

(f) Intentionally violated any provision of this article;

(g) Violated any rules or regulations of the board; * * * or

(h) Aided or assisted another in falsely obtaining a license or the privilege to practice under this article * * *.; or

(i) Used artificial intelligence in the practice of professional mental or behavioral health care in a manner prohibited by Section 1 of this act.

With regard to a refusal to issue a privilege to practice, such refusal by the board shall be in accordance with the terms of the Professional Counseling Compact instead of this subsection (1).

(2) Appeals from disciplinary action are to be brought in the circuit court in the county of residence of the practitioner. In the event the practitioner resides out of state the appeal should be brought in Hinds County Circuit Court.

(3) The board may assess and levy upon any licensee, practitioner or applicant for licensure or the privilege to practice the costs incurred or expended by the board in the investigation and prosecution of any licensure, privilege to practice or disciplinary action, including, but not limited to, the costs of process service, court reporters, expert witnesses, investigators and attorney's fees.

(4) No revoked license or privilege to practice may be reinstated within twelve (12) months after such revocation. Reinstatement thereafter shall be upon such conditions as the board may prescribe, which may include, without being limited to, successful passing of the examination required by this article.

(5) A license or privilege to practice certificate issued by the board is the property of the board and must be surrendered on demand.

(6) The chancery court is * * *~~hereby~~ vested with the jurisdiction and power to enjoin the unlawful practice of counseling and/or the false representation as a licensed counselor in a proceeding brought by the board or any members thereof or by any citizen of this state.

SECTION 3. Section 73-31-21, Mississippi Code of 1972, is amended as follows:

73-31-21. (1) The board, by an affirmative vote of at least four (4) of its seven (7) members, shall withhold, deny, revoke or suspend any license issued or applied for in accordance with the provisions of this article, or otherwise discipline a licensed psychologist, upon proof that the applicant or licensed psychologist:

(a) Has violated the current code of ethics of the American Psychological Association or other codes of ethical standards adopted by the board; or

(b) Has been convicted of a felony or any offense involving moral turpitude, the record of conviction being conclusive evidence thereof; or

(c) Is using any substance or any alcoholic beverage to an extent or in a manner dangerous to any other person or the public, or to an extent that the use impairs his or her ability to perform the work of a professional psychologist with safety to the public; or

(d) Has impersonated another person holding a psychologist license or allowed another person to use his or her license; or

(e) Has used fraud or deception in applying for a license or in taking an examination provided for in this article; or

(f) Has accepted commissions or rebates or other forms of remuneration for referring clients to other professional persons; or

(g) Has performed psychological services outside of the area of his or her training, experience or competence; or

(h) Has allowed his or her name or license issued under this article to be used in connection with any person or persons who perform psychological services outside of the area of their training, experience or competence; or

(i) Is legally adjudicated mentally incompetent, the record of that adjudication being conclusive evidence thereof; or

(j) Has willfully or negligently violated any of the provisions of this article. The board may recover from any person disciplined under this article, the costs of investigation, prosecution, and adjudication of the disciplinary action * * *.; or

(k) Has used artificial intelligence in the practice of professional mental or behavioral health care in a manner prohibited by Section 1 of this act.

(2) Notice shall be effected by registered mail or personal service setting forth the particular reasons for the proposed action and fixing a date not less than thirty (30) days nor more than sixty (60) days from the date of the mailing or that service, at which time the applicant or licensee shall be given an opportunity for a prompt and fair hearing. For the purpose of the hearing, the board, acting by and through its executive secretary, may subpoena persons and papers on its own behalf and on behalf of the applicant or licensee, may administer oaths and may take testimony. That testimony, when properly transcribed, together with the papers and exhibits, shall be admissible in evidence for or against the applicant or licensee. At the hearing, the applicant or licensee may appear by counsel and personally in his or her own behalf. Any person sworn and examined by a witness in the hearing shall not be held to answer criminally, nor shall any papers or documents produced by the witness be competent evidence in any criminal proceedings against the witness other than for perjury in delivering his or her evidence. On the basis of any such hearing, or upon default of applicant or licensee, the board shall make a determination specifying its findings of fact and conclusions of law. A copy of that determination shall be sent by registered mail or served personally upon the applicant or licensee. The decision of the board denying, revoking or suspending the license shall become final thirty (30) days after so mailed or served, unless within that period the applicant or licensee appeals the decision to the chancery court, under the provisions hereof, and the proceedings in chancery shall be conducted as other matters coming before the court. All proceedings and evidence, together with exhibits, presented at the hearing before the board shall be admissible in evidence in court in the appeal.

(3) The board may subpoena persons and papers on its own behalf and on behalf of the respondent, may administer oaths and may compel the testimony of witnesses. It may issue commissions to take testimony, and testimony so taken and sworn to shall be admissible in evidence for and against the respondent. The board shall be entitled to the assistance of the chancery court or the chancellor in vacation, which, on petition by the board, shall issue ancillary subpoenas and petitions and may punish as for contempt of court in the event of noncompliance therewith.

(4) Every order and judgment of the board shall take effect immediately on its promulgation unless the board in the order or judgment fixes a probationary period for the applicant or licensee. The order and judgment shall continue in effect unless upon appeal the court by proper order or decree terminates it earlier. The board may make public its order and judgments in any manner and form as it deems proper. It shall, in event of the suspension or revocation of a license, direct the clerk of the circuit court of the county in which that license was recorded to cancel that record.

(5) Nothing in this section shall be construed as limiting or revoking the authority of any court or of any licensing or registering officer or board, other than the Mississippi Board of Psychology, to suspend, revoke and reinstate licenses and to cancel registrations under the provisions of Section 41-29-311.

(6) Suspension by the board of the license of a psychologist shall be for a period not exceeding one (1) year. At the end of this period the board shall reevaluate the suspension, and shall either reinstate or revoke the license. A person whose license has been revoked under the provisions of this section may reapply for a license after more than two (2) years have elapsed from the date that the denial or revocation is legally effective.

(7) In addition to the reasons specified in subsection (1) of this section, the board shall be authorized to suspend the license of any licensee for being out of compliance with an order for support, as defined in Section 93-11-153. The procedure for suspension of a license for being out of compliance with an order for support, and the procedure for the reissuance or reinstatement of a license suspended for that purpose, and the payment of any fees for the reissuance or reinstatement of a license suspended for that purpose, shall be governed by Section 93-11-157. Actions taken by the board in suspending a license when required by Section 93-11-157 or 93-11-163 are not actions from which an appeal may be taken under this section. Any appeal of a license suspension that is required by Section 93-11-157 or 93-11-163 shall be taken in accordance with the appeal procedure specified in Section 93-11-157 or 93-11-163, as the case may be, rather than the procedure specified in this section. If there is any conflict between any provision of Section 93-11-157 or 93-11-163 and any provision of this article, the provisions of Section 93-11-157 or 93-11-163, as the case may be, shall control.

(8) The board may issue a nondisciplinary, educational letter to licensees as provided in Section 73-31-7(2)(g). The board may also direct a psychologist to obtain a formal assessment of ability to practice safely if there is reason to believe there may be impairment due to substance abuse or mental incapacity. Licensees who may be impaired, but who are able to practice safely, may be required by the board to seek appropriate treatment and/or supervision. That action by the board in itself will not be considered disciplinary.

(9) The board may discipline any person who has been granted the authority to practice interjurisdictional telepsychology or the temporary authorization to practice under the Psychology Interjurisdictional Compact provided for under Section 73-31-51, for any of the grounds specified in subsection (1) of this section in the same manner as the board disciplines a licensed psychologist under this section.

SECTION 4. Section 73-53-17, Mississippi Code of 1972, is amended as follows:

73-53-17. (1) Individuals licensed by the board shall conduct their activities, services and practice in accordance with the laws governing their professional practice and any rules promulgated by the board. Licensees and applicants may be subject to the exercise of the sanctions enumerated in Section 73-53-23 if the board finds that a licensee or applicant has committed any of the following:

(a) Negligence in the practice or performance of professional services or activities;

(b) Engaging in dishonorable, unethical or unprofessional conduct of a character likely to deceive, defraud or harm the public in the course of professional services or activities;

(c) Perpetrating or cooperating in fraud or material deception in obtaining or renewing a license or attempting the same;

(d) Violating the rules and regulations established by the board;

(e) Violating the National Association of Social Workers Code of Ethics or the American Association for Marriage and Family Therapy Code of Ethics;

(f) Being convicted of any crime which has a substantial relationship to the licensee's activities and services or an essential element of which is misstatement, fraud or dishonesty;

(g) Being convicted of any crime which is a felony under the laws of this state or of the United States of America;

(h) Engaging in or permitting the performance of unacceptable services personally due to the licensee's deliberate or grossly negligent act or acts or failure to act, regardless of whether actual damage or damages to the public is established, or assuming responsibility for another's work by signing documents without personal knowledge of the work as established by board rule;

(i) Continued practice although the licensee has become unfit to practice social work due to: (i) failure to keep abreast of current professional theory or practice; or (ii) physical or mental disability; the entry of an order or judgment by a court of competent jurisdiction that a licensee is in need of mental treatment or is incompetent shall constitute mental disability; or (iii) addiction or severe dependency upon alcohol or other drugs which may endanger the public by impairing the licensee's ability to practice;

(j) Continued practice although the individual failed to renew and has a lapsed license;

(k) Having disciplinary action taken against the licensee's license in another state;

(l) Making differential, detrimental treatment against any person because of race, color, creed, sex, religion or national origin;

(m) Engaging in lewd conduct in connection with professional services or activities;

(n) Engaging in false or misleading advertising;

(o) Contracting, assisting or permitting unlicensed persons to perform services for which a license is required under this article;

(p) Violation of any probation requirements placed on a licensee by the board;

(q) Revealing confidential information except as may be required by law;

(r) Failing to inform clients of the fact that the client no longer needs the services or professional assistance of the licensee;

(s) Charging excessive or unreasonable fees or engaging in unreasonable collection practices * * *.; or

(t) Using artificial intelligence in the practice of professional mental or behavioral health care in a manner prohibited by Section 1 of this act.

(2) The board may order a licensee to submit to a reasonable physical or mental examination if the licensee's physical or mental capacity to practice safely is at issue in a disciplinary proceeding.

(3) Failure to comply with a board order to submit to a physical or mental examination shall render a licensee subject to the summary suspension procedures described in Section 73-53-23.

(4) In addition to the reasons specified in subsection (1) of this section, the board shall be authorized to suspend the license of any licensee for being out of compliance with an order for support, as defined in Section 93-11-153. The procedure for suspension of a license for being out of compliance with an order for support, and the procedure for the reissuance or reinstatement of a license suspended for that purpose, and the payment of any fees for the reissuance or reinstatement of a license suspended for that purpose, shall be governed by Section 93-11-157 or 93-11-163, as the case may be. If there is any conflict between any provision of Section 93-11-157 or 93-11-163 and any provision of this article, the provisions of Section 93-11-157 or 93-11-163, as the case may be, shall control.

SECTION 5. Section 73-54-29, Mississippi Code of 1972, is amended as follows:

73-54-29. Licensees subject to this chapter shall conduct their activities, services and practice in accordance with this chapter and any rules promulgated under this chapter. Licensees may be subject to the exercise of the disciplinary sanctions enumerated in Section 73-53-23 if the board finds that a licensee is guilty of any of the actions listed in Section 73-53-17(1) or is guilty of any of the following:

(a) Violation of any provision of this chapter or any rules or regulations of the board adopted under the provisions of this chapter.

(b) Other just and sufficient cause which renders a person unfit to practice marriage and family therapy as determined by the board, but not limited to:

(i) Habitual use of alcohol or drugs to an extent that affects professional competence;

(ii) Adjudication as being mentally incompetent by a court of competent jurisdiction;

(iii) Practicing in a manner detrimental to the public health and welfare;

(iv) Revocation of a license or certification by a licensing agency or by a certifying professional organization;

(v) Any other violation of this chapter or the code of ethical standards of the American Association for Marriage and Family Therapy or other ethical standards adopted by the board under the provisions of this chapter; * * * or

(vi) Continued practice although the individual failed to renew and has a lapsed license * * *.; or

(vii) Using artificial intelligence in the practice of professional mental or behavioral health care in a manner prohibited by Section 1 of this act.

SECTION 6. Section 73-65-13, Mississippi Code of 1972, is amended as follows:

73-65-13. (1) The board may deny any application, or suspend or revoke any license held or applied for under the provisions of Section 73-65-7 if the person:

(a) Is found guilty of fraud, deceit, or misrepresentation in procuring or attempting to procure a license to practice art therapy;

(b) Is adjudicated mentally incompetent;

(d) Is found guilty of unprofessional or unethical conduct in this or any other jurisdiction;

(e) Has been using any controlled substance or alcoholic beverage to an extent or in a manner dangerous to the person, any other person, or the public, or to an extent that the use impairs the ability to perform as a licensed professional art therapist;

(f) Has violated any provision of this chapter; * * * or

(g) Willfully or negligently divulges a professional confidence * * *.; or

(h) Has used artificial intelligence in the practice of professional mental or behavioral health care in a manner prohibited by Section 1 of this act.

(2) A certified copy of the record of conviction shall be conclusive evidence of the conviction.

(3) Disciplinary proceedings may be initiated upon the receipt by the board of a sworn complaint by any person, including members of the board.

SECTION 7. Section 73-66-17, Mississippi Code of 1972, is amended as follows:

73-66-17. (1) The board may sanction a licensee for any of the following acts:

(a) Ineligibility for licensure, including, but not limited to, falsification of information submitted for licensure or failure to maintain status as a board-certified music therapist;

(b) Failure to pay fees when due;

(d) Conviction of a felony;

(e) Conviction of any crime that reflects an inability to practice music therapy with due regard for the health and safety of clients and patients, or with due regard for the truth in filing claims with Medicare, Medicaid or any third-party payor;

(f) Inability or failure to practice music therapy with reasonable skill and consistent with the welfare of clients and patients, including, but not limited to, negligence in the practice of music therapy; intoxication; incapacity; and abuse of or engaging in sexual contact with a client or patient; * * * ~~and~~

(g) Disciplinary action by another jurisdiction * * *.;or

(h) Use of artificial intelligence in the practice of professional mental health or behavioral health care in a manner prohibited by Section 1 of this act.

(2) The department is authorized to conduct investigations into allegations of conduct described in subsection (1) of this section.

(3) The board may impose one or more of the following sanctions upon a licensee for a violation of this chapter:

(a) Suspension of a license;

(b) Revocation of a license;

(d) Refusal to renew a license;

(e) Probation with conditions;

(f) Reprimand; or

(g) A fine of not less than One Hundred Dollars ($100.00) or more than One Thousand Dollars ($1,000.00) for each violation.

SECTION 8. This act shall take effect and be in force from and after July 1, 2026.