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+++ version:Introduced
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-SB 640-FN - AS AMENDED BY THE SENATE
-03/12/2026 1051s
+SB 640-FN - AS INTRODUCED
 2026 SESSION
 26-2088
 09/08
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 Explanation: Matter added to current law appears in bold italics.
 Matter removed from current law appears [in brackets and struckthrough.]
 Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
-SB 640-FN - AS AMENDED BY THE SENATE
-03/12/2026 1051s 26-2088
+SB 640-FN - AS INTRODUCED
+26-2088
 09/08
 STATE OF NEW HAMPSHIRE
 In the Year of Our Lord Two Thousand Twenty-Six
 AN ACT relative to the use of artificial intelligence to provide services requiring a
 professional license.
 Be it Enacted by the Senate and House of Representatives in General Court convened:
-1 Office of Professional Licensure and Certification; Unlicensed Practice. RSA 310:13 is
-repealed and reenacted to read as follows:
-310:13 Unlicensed Practice; Use of Artificial Intelligence.
+1 Office of Professional Licensure and Certification; Unlicensed Practice. Amend RSA 310:13 to
+read as follows:
+310:13 Unlicensed Practice.
 I. Whoever, including but not limited to individuals and entities, not being licensed or
 otherwise authorized to practice according to the laws of this state, advertises oneself as engaging in
 a profession licensed by the office of professional licensure and certification, engages in activity
 requiring professional licensure, or in any way holds oneself out as qualified to do so, or calls oneself
-a licensed professional, or provides goods or services requiring professional licensure, or whoever
-does such acts after receiving notice that such person's license to practice has been suspended or
-revoked, is engaged in unlawful practice. The office may, for purposes of verifying licensure, request
-to see the license of anyone who advertises oneself as engaging in a profession licensed by the office,
-engages in activity requiring professional licensure, or in any way holds oneself out as qualified to do
-so, or calls oneself a licensed professional, or whoever does such acts after receiving notice that such
-person's license to practice has been suspended or revoked, at the place of business, or where such
-business is being conducted, of such individual. After providing notice and opportunity to be heard
-in accordance with RSA 310:10, and upon making an affirmative finding of unlawful practice, the
-office shall impose a civil penalty of $10,000 per violation. Each violation of unlicensed or unlawful
-practice shall be deemed a separate offense. The board, the attorney general, or a prosecuting
-attorney of any county or municipality where the act of unlawful practice takes place may maintain
-an action to enjoin any person or entity from continuing to do acts of unlawful practice. The action
-to enjoin shall not replace any other civil, criminal, or regulatory remedy. An injunction without
-bond is available to any board.
-II. For any order issued in resolution of a disciplinary proceeding by the board, where the
-board has found unlawful practice, the board may require the respondent who is the subject of such
-finding to pay the office the reasonable cost of investigation and prosecution of the proceeding, but
-which shall not exceed $10,000. This sum may be imposed in addition to any otherwise authorized
-administrative fines levied by the board as part of the penalty. The investigative and prosecution
-costs shall be assessed by the office and any sums recovered shall be credited to the office's fund and
-disbursed by the office for any future investigations of complaints and activities that violate this
-chapter or rules adopted under this chapter.
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-SB 640-FN - AS AMENDED BY THE SENATE
+a licensed professional, or provides goods or services requiring professional licensure, or
+whoever does such acts after receiving notice that such person's license to practice has been
+suspended or revoked, is engaged in unlawful practice. The office may, for purposes of verifying
+licensure, request to see the license of anyone who advertises oneself as engaging in a profession
+licensed by the office, engages in activity requiring professional licensure, or in any way holds
+oneself out as qualified to do so, or calls oneself a licensed professional, or whoever does such acts
+after receiving notice that such person's license to practice has been suspended or revoked, at the
+place of business, or where such business is being conducted, of such individual. After providing
+notice and opportunity to be heard in accordance with RSA 310:10, and upon making an affirmative
+finding of unlawful practice, the board may impose a fine not to exceed the amount of any gain or
+economic benefit that the person derived from the violation, or up to $10,000 for each offense,
+whichever amount is greater. Each violation of unlicensed or unlawful practice shall be deemed a
+separate offense. The board, the state's attorney general, or a prosecuting attorney of any county or
+municipality where the act of unlawful practice takes place may maintain an action to enjoin any
+person or entity from continuing to do acts of unlawful practice. The action to enjoin shall not
+replace any other civil, criminal, or regulatory remedy. An injunction without bond is available to
+any board.
+II. No individual, corporation, or other entity or person may provide, advertise, or
+otherwise offer services requiring professional licensure to the public in this state, or
+otherwise engage in unlawful practice as described in paragraph I through Internet-based
+artificial intelligence, unless those services are delivered by a licensed professional. For
+purposes of this section, artificial intelligence means any computer-based system, software,
+or algorithm designed to perform tasks that typically require human cognitive functions,
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-III. No individual, corporation, or other entity or person may provide, advertise, or otherwise
-offer mental health services requiring professional licensure to the public in this state through
-artificial intelligence unless those services are provided by a New Hampshire licensed mental health
-professional. Artificial intelligence shall not independently provide therapeutic communication
-directly to a client without the involvement of a New Hampshire licensed mental health professional.
-This paragraph does not preclude a New Hampshire licensed mental health professional, operating
-within their scope of practice, from utilizing FDA-authorized and/or HIPPA compliant artificial
-intelligence tools for a client under their care provided the New Hampshire licensed professional
-exercises due diligence.
-IV.(a) For the purposes of this paragraph:
-(1) “Artificial intelligence” means any computer-based system, software, or
-algorithm designed to perform tasks that typically require human cognitive functions, including but
-not limited to natural language processing, pattern recognition, decision-making, or predictive
-analytics.
-(2) “Licensed professional” means a person holding a valid license in this state, or
-through a license compact, to provide therapy or psychotherapy services.
-(3) “Peer support” means nonclinical services provided by individuals with lived
+including but not limited to natural language processing, pattern recognition, decision-
+making, or predictive analytics.
+III. For any order issued in resolution of a disciplinary proceeding by the board,
+where the board has found unlicensed practice, the board may require the respondent who
+is the subject of such finding to pay the office the reasonable cost of investigation and
+prosecution of the proceeding, but which shall not exceed $10,000. This sum may be
+imposed in addition to any otherwise authorized administrative fines levied by the board
+as part of the penalty. The investigative and prosecution costs shall be assessed by the
+office, and any sums recovered shall be credited to the office's fund and disbursed by the
+office for any future investigations of complaints and activities that violate this chapter or
+rules adopted under this chapter.
+2 Psychologists; Unlawful Practice and Artificial Intelligence. New Section;
+Psychologists; Unlawful Practice and Artificial Intelligence. Amend RSA 329-B by inserting after
+section 17 the following new section:
+329-B:17-a Unlawful Practice and Artificial Intelligence.
+I. In this section:
+(a) “Administrative support” means tasks performed to assist a licensed professional in
+the delivery of psychology, licensed school psychology-doctoral, or licensed school psychology-
+specialist practice services that do not involve therapeutic communication, including but not limited
+to:
+(1) Managing appointment scheduling and reminders.
+(2) Processing billing and insurance claims.
+(3) Drafting general communications related to therapy logistics.
+(b) “Artificial intelligence” means any computer-based system, software, or algorithm
+designed to perform tasks that typically require human cognitive functions, including but not limited
+to natural language processing, pattern recognition, decision-making, or predictive analytics.
+(c) “Consent” means a clear, explicit affirmative act by an individual that
+unambiguously communicates the individual’s express, freely given, informed, voluntary, and
+specific written agreement to the use of artificial intelligence under this chapter.
+(d) “Licensed professional” means a person holding a valid license or certification in this
+state to provide psychology, licensed school psychology-doctoral, or licensed school psychology-
+specialist practice services under this chapter.
+(e) “Peer support” means nonclinical services provided by individuals with lived
 experience of mental health conditions or recovery from substance use disorders, intended to offer
 encouragement, understanding, and guidance without clinical intervention.
-(4) “Religious counseling” means faith-based counseling provided by clergy, pastoral
+(f) “Religious counseling” means faith-based counseling provided by clergy, pastoral
 counselors, or other religious leaders acting within the scope of their religious duties, provided the
-services are not represented as clinical therapy or psychotherapy.
-(5) “Therapeutic communication” means any verbal, nonverbal, or written
-interaction intended to diagnose, treat, or address an individual's mental, emotional, or behavioral
-health concerns, including but not limited to:
-(i) Direct interactions with clients for the purpose of understanding or
-reflecting their thoughts, emotions, or experiences.
-(ii) Providing guidance, therapeutic strategies, or interventions designed to
-achieve mental health outcomes.
-(iii) Offering emotional support, reassurance, or empathy in response to
-psychological distress.
-(iv) Collaborating with clients to develop or modify treatment plans or
-therapeutic goals.
-(v) Delivering behavioral feedback intended to promote psychological growth
-or address mental health conditions.
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-(6) “Therapy or psychotherapy services” means services provided to diagnose, treat,
-or improve an individual's mental health or behavioral health, but does not include religious
-counseling or peer support.
-(b) No person, corporation, or entity may provide, advertise, or otherwise offer therapy
-or psychotherapy services or therapeutic communication, including through Internet-based artificial
-intelligence, to the public in this state unless those services are provided by a New Hampshire
-licensed mental health professional.
-(c) This paragraph does not apply to:
-(1) Religious counseling; or
-(2) Peer support.
-V.(a) A commission is established to continue reviewing the implementation of this section
-to better understand the impacts of this section.
-(b) Notwithstanding RSA 14:49, the commission shall be comprised of:
-(1) Two members of the senate, appointed by the president of the senate.
-(2) Three members of the house of representatives, appointed by the speaker of the
-house of representatives.
-(3) A member appointed by the National Association of Social Workers New
-Hampshire.
-(4) A member appointed by the American Association of Marriage and Family
-Therapy.
-(5) A member appointed by the New Hampshire Psychological Association.
-(6) A member appointed by the New Hampshire Community Behavioral Health
-Association.
-(c) Legislative members of the commission shall receive mileage at the legislative rate
-when attending to the duties of the commission.
-(d) The commission shall review the implementation of the policy changes induced by
-this section to better understand the impacts.
-(e) The members of the study commission shall elect a chairperson from among the
-members. The first meeting of the commission shall be called by the first-named senate member.
-The first meeting of the commission shall be held within 30 days of the effective date of this section.
-Five members of the commission shall constitute a quorum.
-(f) The commission shall report its findings and any recommendations for proposed
-legislation to the speaker of the house of representatives, the president of the senate, the house
-clerk, the senate clerk, the governor, and the state library on or before November 1, 2026.
-2 Repeal. RSA 310:13, V, relative to commission to study the implementation of the section, is
-repealed.
-3 Effective Date.
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+services are not represented as clinical psychology, licensed school psychology-doctoral, or licensed
+school psychology-specialist practice. "Religious counseling" also includes all counseling activities
+and services of religious leaders described in RSA 329-B:28, I(d).
+(g) “Supplementary support” means tasks performed to assist a licensed professional in
+the delivery of psychology, licensed school psychology-doctoral, or licensed school psychology-
+specialist practice services that do not involve therapeutic communication, including but not limited
+to:
+(1) Preparing and maintaining client records, including therapy notes.
+(2) Analyzing anonymized data to track client progress or identify trends, subject to
+review by a licensed professional.
+(3) Identifying and organizing external resources or referrals for client use.
+(h) “Therapeutic communication” means any verbal, nonverbal, or written interaction
+conducted in a professional setting intended to diagnose, treat, or address an individual's mental,
+emotional, or behavioral health concerns, including but not limited to:
+(1) Direct interactions with clients for the purpose of understanding or reflecting
+their thoughts, emotions, or experiences.
+(2) Providing guidance, therapeutic strategies, or interventions designed to achieve
+mental health outcomes.
+(3) Offering emotional support, reassurance, or empathy in response to psychological
+distress.
+(4) Collaborating with clients to develop or modify treatment plans or therapeutic
+goals.
+(5) Delivering behavioral feedback intended to promote psychological growth or
+address mental health conditions.
+II. A licensed professional may use artificial intelligence to assist in services provided by the
+licensed professional within their scope of practice. When doing so, the licensed professional:
+(a) Shall maintain full responsibility for all interactions, outputs, and data use
+associated with the artificial intelligence.
+(b) May permit artificial intelligence to provide client interactions as directed by the
+licensed professional, so long as the licensed professional:
+(1) Reviews all such interactions in a timely manner; and
+(2) Takes appropriate steps to review, analyze and further restrict interactions of
+the artificial intelligence as appropriate under this section.
+(c) May use the artificial intelligence to record client interactions for analysis by the
+licensed professional, so long as it is done in accordance with the law and the ethical and legal
+obligations of the licensed professional.
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-I. Section 2 of this act shall take effect November 1, 2026.
-II. The remainder of this act shall take effect upon its passage.
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+(d) May only use artificial intelligence to support psychology, licensed school psychology-
+doctoral, or licensed school psychology-specialist practice services when:
+(1) The client or the client’s legally authorized representative is informed in writing
+that artificial intelligence will be used and of the specific purpose for which it will be used; and
+(2) The client or the client’s legally authorized representative provides written
+consent for that use.
+III. A licensed professional's use of artificial intelligence in a manner that is inconsistent
+with paragraph II shall be misconduct sufficient to support disciplinary proceedings brought by the
+board in accordance with RSA 310.
+IV. This section shall not apply to:
+(a) Religious counseling;
+(b) Peer support; or
+(c) Self-help materials and educational resources that are publicly available and do not
+purport to offer psychology, licensed school psychology-doctoral, or licensed school psychology-
+specialist practice services.
+3 New Section; Mental Health Practice; Unlicensed Therapy and the Use of Artificial
+Intelligence. Amend RSA 330-A by inserting after section 25 the following new section:
+330-A:25-a Unlicensed Therapy and the Use of Artificial Intelligence.
+I. In this section:
+(a) “Administrative support” means tasks performed to assist a mental health
+practitioner in the delivery of mental health practice services that do not involve therapeutic
+communication, including but not limited to:
+(1) Managing appointment scheduling and reminders.
+(2) Processing billing and insurance claims.
+(3) Drafting general communications related to therapy logistics.
+(b) “Artificial intelligence” means any computer-based system, software, or algorithm
+designed to perform tasks that typically require human cognitive functions, including but not limited
+to natural language processing, pattern recognition, decision-making, or predictive analytics.
+(c) “Consent” means a clear, explicit affirmative act by an individual that
+unambiguously communicates the individual’s express, freely given, informed, voluntary, and
+specific written agreement to the use of artificial intelligence under this chapter.
+(d) “Peer support” means nonclinical services provided by individuals with lived
+experience of mental health conditions or recovery from substance use disorders, intended to offer
+encouragement, understanding, and guidance without clinical intervention.
+(e) “Religious counseling” means faith-based counseling provided by clergy, pastoral
+counselors, or other religious leaders acting within the scope of their religious duties, provided the
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+services are not represented as mental health practice. "Religious counseling" also includes all
+counseling activities and services of religious leaders described in RSA 329-B:28, I(d).
+(f) “Supplementary support” means tasks performed to assist a mental health
+practitioner in the delivery of mental health practice services that do not involve therapeutic
+communication, including but not limited to:
+(1) Preparing and maintaining client records, including therapy notes.
+(2) Analyzing anonymized data to track client progress or identify trends, subject to
+review by a mental health practitioner.
+(3) Identifying and organizing external resources or referrals for client use.
+(g) “Therapeutic communication” means any verbal, nonverbal, or written interaction
+conducted in a professional setting intended to diagnose, treat, or address an individual's mental,
+emotional, or behavioral health concerns, including but not limited to:
+(1) Direct interactions with clients for the purpose of understanding or reflecting
+their thoughts, emotions, or experiences.
+(2) Providing guidance, therapeutic strategies, or interventions designed to achieve
+mental health outcomes.
+(3) Offering emotional support, reassurance, or empathy in response to psychological
+distress.
+(4) Collaborating with clients to develop or modify treatment plans or therapeutic
+goals.
+(5) Delivering behavioral feedback intended to promote psychological growth or
+address mental health conditions.
+II. A mental health practitioner may use artificial intelligence to assist in services provided
+by the mental health practitioner within their scope of practice. When doing so, the mental health
+practitioner:
+(a) Shall maintain full responsibility for all interactions, outputs, and data use
+associated with the artificial intelligence.
+(b) May permit artificial intelligence to provide client interactions as directed by the
+mental health practitioner, so long as the mental health practitioner:
+(1) Reviews all such interactions in a timely manner; and
+(2) Takes appropriate steps to review, analyze and further restrict interactions of
+the artificial intelligence as appropriate in their professional judgment.
+(c) May use the artificial intelligence to record client interactions for analysis by the
+mental health practitioner, so long as it is done in accordance with the law and the ethical and legal
+obligations of the mental health practitioner.
+(d) May only use artificial intelligence to support psychology, licensed school psychology-
+doctoral, or licensed school psychology-specialist practice services when:
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+(1) The client or the client’s legally authorized representative is informed in writing
+that artificial intelligence will be used and of the specific purpose for which it will be used; and
+(2) The client or the client’s legally authorized representative provides written
+consent for that use.
+III. A mental health practitioner’s use of artificial intelligence in a manner that is
+inconsistent with paragraph II shall be misconduct sufficient to support disciplinary proceedings
+brought by the board in accordance with RSA 310.
+IV. This section shall not apply to:
+(a) Religious counseling;
+(b) Peer support; or
+(c) Self-help materials and educational resources that are publicly available and do not
+purport to offer psychology, licensed school psychology-doctoral, or licensed school psychology-
+specialist practice services.
+4 New Section; Alcohol and Other Drug Use Professionals. Amend RSA 330-C by inserting after
+section 20 the following new section:
+330-C:20-a Unlawful Practice and the Use of Artificial Intelligence.
+I. In this section:
+(a) “Administrative support” means tasks performed to assist a licensed professional in
+the delivery of substance use counseling services that do not involve therapeutic communication,
+including but not limited to:
+(1) Managing appointment scheduling and reminders.
+(2) Processing billing and insurance claims.
+(3) Drafting general communications related to therapy logistics.
+(b) “Artificial intelligence” means any computer-based system, software, or algorithm
+designed to perform tasks that typically require human cognitive functions, including but not limited
+to natural language processing, pattern recognition, decision-making, or predictive analytics.
+(c) “Consent” means a clear, explicit affirmative act by an individual that
+unambiguously communicates the individual’s express, freely given, informed, voluntary, and
+specific written agreement to the use of artificial intelligence under this chapter.
+(d) “Licensed professional” means a person holding a valid license or certification in this
+state as a master licensed alcohol and drug counselor or a licensed alcohol and drug counselor.
+(e) “Peer support” means nonclinical services provided by individuals with lived
+experience of mental health conditions or recovery from substance use disorders, intended to offer
+encouragement, understanding, and guidance without clinical intervention.
+(f) “Religious counseling” means faith-based counseling provided by clergy, pastoral
+counselors, or other religious leaders acting within the scope of their religious duties, provided the
+services are not represented as substance use counseling services.
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+(g) “Supplementary support” means tasks performed to assist a licensed professional in
+the delivery of substance use counseling services that do not involve therapeutic communication,
+including but not limited to:
+(1) Preparing and maintaining client records, including therapy notes.
+(2) Analyzing anonymized data to track client progress or identify trends, subject to
+review by a licensed professional.
+(3) Identifying and organizing external resources or referrals for client use.
+(h) “Therapeutic communication” means any verbal, nonverbal, or written interaction
+conducted in a professional setting intended to diagnose, treat, or address an individual's mental,
+emotional, or behavioral health concerns, including but not limited to:
+(1) Direct interactions with clients for the purpose of understanding or reflecting
+their thoughts, emotions, or experiences.
+(2) Providing guidance, therapeutic strategies, or interventions designed to achieve
+mental health outcomes.
+(3) Offering emotional support, reassurance, or empathy in response to psychological
+distress.
+(4) Collaborating with clients to develop or modify treatment plans or therapeutic
+goals.
+(5) Delivering behavioral feedback intended to promote psychological growth or
+address mental health conditions.
+II. A licensed professional may use artificial intelligence to assist in services provided by the
+licensed professional within their scope of practice. When doing so, the licensed professional:
+(a) Shall maintain full responsibility for all interactions, outputs, and data use
+associated with the artificial intelligence.
+(b) May permit artificial intelligence to provide client interactions as directed by the
+licensed professional, so long as the licensed professional:
+(1) Reviews all such interactions in a timely manner; and
+(2) Takes appropriate steps to review, analyze, and further restrict interactions of
+the artificial intelligence as appropriate in their professional judgment.
+(c) The licensed professional may use the artificial intelligence to record client
+interactions for analysis by the licensed professional, so long as it is done in accordance with the law
+and the ethical and legal obligations of the licensed professional.
+(d) A licensed professional may only use artificial intelligence to support substance use
+counseling services when:
+(1) The client or the client’s legally authorized representative is informed in writing
+that artificial intelligence will be used and of the specific purpose for which it will be used; and
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+(2) The client or the client’s legally authorized representative provides written
+consent for that use.
+III. A licensed professional’s use of artificial intelligence in a manner that is inconsistent
+with paragraph II shall be misconduct sufficient to support disciplinary proceedings brought by the
+board in accordance with RSA 310.
+IV. This section does not apply to:
+(a) Religious counseling;
+(b) Peer support; or
+(c) Self-help materials and educational resources that are publicly available and do not
+purport to offer psychology, licensed school psychology-doctoral, or licensed school psychology-
+specialist practice services.
+5 Effective Date. This act shall take effect upon its passage.
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 LBA
 26-2088
-3/18/26
+11/17/25
 SB 640-FN- FISCAL NOTE
-AS AMENDED BY THE SENATE (AMENDMENT #2026-1051s)
+AS INTRODUCED
 AN ACT relative to the use of artificial intelligence to provide services requiring a
 professional license.
 FISCAL IMPACT: