Colorado HB26-1195 — Psychotherapy AI Restrictions
Status
Section titled “Status”Colorado’s governor signed HB26-1195 on 3 June 2026. The Act takes effect on 12 August 2026. It is a sector-specific professional-regulation law, separate from the comprehensive Colorado AI Act.
Core restrictions and safeguards
Section titled “Core restrictions and safeguards”- A regulated professional may not allow an AI system to conduct therapeutic communication unless the professional participates synchronously and in real time.
- AI-generated therapeutic recommendations or treatment plans require professional review and approval.
- Administrative or supplementary AI support is permitted, but the professional remains responsible for reviewing outputs.
- AI recording or transcription of a therapeutic session requires advance disclosure and written informed consent.
- Research, education and training uses receive defined exceptions; certain self-help tools and FDA-regulated technologies are also carved out.
- Misrepresenting an AI system as a psychotherapist, or implying therapist-client confidentiality where it does not exist, is treated as an unfair or deceptive trade practice.
Violations by regulated professionals may trigger licensing discipline. The law preserves a distinction between assistance and substitution: AI may support care, but it cannot displace the licensed professional at the point of therapeutic judgment.