CaliforniaBill would limit AI use in psychotherapy and chatbot therapy claims
If enacted, the bill would limit providers’ use of AI in psychotherapy, require consent for certain uses, and bar advertising chatbots as therapists.
What it does
Providers could use AI for therapy-related office tasks and other support, but licensed professionals would remain responsible for clinical decisions and communications.
Before using AI to record or transcribe therapy sessions or screen clients, providers would have to explain its purpose and get consent. Refusing would not affect the client’s right to care.
A person or organization could not advertise a companion chatbot as a therapist or claim that it provides therapy.
AI could not make therapy decisions, assess clients, or detect emotions without a licensed professional’s review and approval. Limited exceptions apply, including for some direct communication tools cleared for that use.
AI use in therapy records would have to follow state medical privacy rules. Companies could not share, sell, store, or train models on therapy data in ways that violate applicable law.
Argument forClear consent rules and limits on chatbot advertising could help clients know when AI is involved and who is providing their care.
Argument againstLimits on AI use could make it harder for providers to use tools that help with therapy work, even when a licensed professional reviews their output.
More detail
Providers could use AI only for office tasks or other support that does not involve therapeutic communication. This covers services to diagnose or treat mental health or substance use disorders; religious counseling and peer support are excluded. Supplementary support can include preparing records and tracking progress, but licensed professionals remain responsible for clinical decisions and communications. Religious counseling, peer support, public self-help materials, training or simulation, and certain research are outside this chapter.
Providers could not use AI to record or transcribe therapy communications or sessions, or to screen clients, without notice and consent. The patient or client, or their legally authorized representative, may give consent. The provider must explain that AI will be used and its specific purpose. Consent must be informed, voluntary, documented, and revocable. A client who refuses consent does not lose any right to care.
People and organizations could not advertise companion chatbots as providing psychotherapy. The prohibition includes claiming that a companion chatbot is a therapist or provides therapy.
AI could not perform specified clinical tasks without review and approval by a licensed professional. These rules apply when AI is used in connection with psychotherapy services or triage or screening. Covered tasks include making therapy decisions, generating recommendations, assessment results, diagnoses, or treatment plans; detecting emotions or mental states; and triage or screening. AI could directly communicate with clients without that review only if it is approved or cleared by the U.S. Food and Drug Administration for that use and complies with federal health privacy law. The bill allows standardized questionnaires and appointment tasks under stated limits.
AI use in psychotherapy records would have to follow state medical privacy rules, and companies could not handle therapy data in ways that violate applicable law. This concerns patient or client records and data obtained from psychotherapy. The restriction covers sharing, selling, storing, or training models on psychotherapy data only when that handling is inconsistent with applicable law.
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Where it stands
- Introduced
- Passed Senate
- Passed Assembly
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Sep 30In Senate. Consideration of Governor's veto pending.Latest
- Sep 30Vetoed by the Governor Gavin Newsom.Major
- Sep 9Enrolled and presented to the Governor at 2 p.m.To Governor
- Aug 31Assembly amendments concurred in. (Ayes 40. Noes 0.) Ordered to engrossing and enrolling.Major
- Vote recorded Unfinished Business SB903 Padilla et al. Concurrence. Result: pass.Upper
- Vote recorded SB 903 Padilla Senate Third Reading By Pellerin. Result: pass.Lower
- Aug 30In Senate. Concurrence in Assembly amendments pending.
- Aug 30Read third time. Passed. (Ayes 74. Noes 1. Page 6902.) Ordered to the Senate.Passed Assembly
- Aug 21Ordered to third reading.Minor
- Aug 21Read third time and amended.Major
- Aug 21Assembly Rule 69(b)(1) suspended. (Ayes 55. Noes 17. Page 6296.)
- Aug 13Read second time. Ordered to third reading.Minor
- Vote recorded Do pass. Result: pass.Lower
- Aug 13From committee: Do pass. (Ayes 13. Noes 0.) (August 13).Minor
- Aug 13Assembly Rule 63 suspended.
- Aug 5August 5 set for first hearing. Placed on suspense file.
- Jul 2Read second time and amended. Re-referred to Com. on APPR.Major
- Jul 2From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 14. Noes 1.) (July 1).Major
- Jul 1
- Vote recorded Do pass as amended and be re-referred to the Committee on [Appropriations]. Result: pass.Lower
- Jun 16From committee: Do pass and re-refer to Com. on P. & C.P. (Ayes 17. Noes 0.) (June 16). Re-referred to Com. on P. & C.P.Minor
- Vote recorded Do pass and be re-referred to the Committee on [Privacy and Consumer Protection]. Result: pass.Lower
- Jun 16Coauthors revised.
- Jun 8From committee with author's amendments. Read second time and amended. Re-referred to Com. on B. & P.Major
- May 26Referred to Coms. on B. & P. and P. & C.P.Minor
- May 20In Assembly. Read first time. Held at Desk.Minor
- May 19Read third time. Passed. (Ayes 39. Noes 0. Page 4341.) Ordered to the Assembly.Passed Senate
- Vote recorded 3rd Reading SB903 Padilla et al. Result: pass.Upper
- May 14Read second time. Ordered to third reading.Minor
- Vote recorded Do pass. Result: pass.Upper
- May 14From committee: Do pass. (Ayes 7. Noes 0. Page 4256.) (May 14).Minor
- May 8Set for hearing May 14.
- May 4May 4 hearing: Placed on APPR. suspense file.
- Vote recorded Placed on suspense file. Result: pass.Upper
- Apr 24Set for hearing May 4.
- Apr 21From committee: Do pass and re-refer to Com. on APPR. (Ayes 8. Noes 0. Page 3957.) (April 20). Re-referred to Com. on APPR.Minor
- Apr 20
- Vote recorded Do pass, but first be re-referred to the Committee on [Appropriations]. Result: pass.Upper
- Apr 13From committee: Do pass and re-refer to Com. on P., D.T., & C.P. (Ayes 11. Noes 0. Page 3840.) (April 13). Re-referred to Com. on P., D.T., & C.P.Minor
- Vote recorded Do pass, but first be re-referred to the Committee on [Privacy, Digital Technologies, and Consumer Protection]. Result: pass.Upper
- Apr 10Set for hearing April 20 in P., D.T., & C.P. pending receipt.
- Apr 8Set for hearing April 13.
- Apr 7From committee with author's amendments. Read second time and amended. Re-referred to Com. on B. P. & E.D.Major
- Feb 18Referred to Coms. on B. P. & E.D. and P., D.T., & C.P.Minor
- Jan 22From printer. May be acted upon on or after February 21.
- Jan 21Introduced. Read first time. To Com. on RLS. for assignment. To print.Introduced
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