CA SB 903
California SB 903 (Mental Health Professionals: Artificial Intelligence)
Would bar the use of AI to record or transcribe psychotherapy sessions, or to triage/screen a person for psychotherapy, without the patient's informed consent; prohibit advertising or offering psychotherapy services through companion chatbots (including claiming a chatbot is a therapist); and bar AI from making independent therapeutic decisions.
Jurisdiction
California
Enacted
Pending
Effective
TBD
Enforcement
Relevant healthcare professional licensing boards (remedies via Business and Professions Code section 125.5)
Vetoed by Governor Newsom on September 30, 2026 (bill history: "Vetoed by the Governor", then "In Senate. Consideration of Governor's veto pending", both dated 09/30/26). Passed the Senate 39-0 on May 19, 2026, passed the Assembly on August 30, 2026 and received Senate concurrence 40-0 on August 31, 2026; presented to the Governor September 9, 2026. The 2025-26 session has ended, so the bill does not become law.
California Legislative InformationWhy It Matters
Targets AI standing in for licensed psychotherapy and the marketing of companion chatbots as therapists - directly adjacent to AI mental-health and companion safety.
Recent Developments
Vetoed September 30, 2026, the last day for gubernatorial action. The author's statement of October 1, 2026 reports that the veto message says the bill's protections for patients and clinicians go too far, and that the author plans to reintroduce a ban on chatbots providing therapy in the next session. The same day the Governor signed AB 1979 (Chapter 854, Statutes of 2026), which bars health facilities and physician offices from using AI to independently perform clinical functions that require a professional license and brings health care chatbots under the Confidentiality of Medical Information Act.
At a Glance
Applies to
Requires
Who Must Comply
- Licensed mental health professionals using AI in their practice
- Entities offering psychotherapy-style companion chatbots to California users
Obligations fall on:
Safety Provisions
- No AI recording/transcription of psychotherapy communications or AI triage/screening without prior disclosure and the patient's informed consent
- Prohibits advertising or purporting to offer psychotherapy services through companion chatbots, including claiming a chatbot is a therapist
- Prohibits AI from making independent therapeutic decisions
- AI handling of patient records must comply with the Confidentiality of Medical Information Act; bars sharing/selling/training on psychotherapy data inconsistent with law
Compliance & Enforcement
Penalties
Enforced by the applicable licensing board through remedies authorized by law (injunctions or restraining orders, disciplinary action against licensees); no statutory per-violation amount specified in the bill.
View on map
California
Focus Areas
Cite This
APA
California. (n.d.). California SB 903 (Mental Health Professionals: Artificial Intelligence).
Related Regulations
CA AB 1979
Deems a business that offers a health care chatbot to consumers, for managing their information or for diagnosis, treatment or management of a medical condition, to be a provider of health care subject to the Confidentiality of Medical Information Act. Requires health facilities, clinics and physician practices to preserve licensed professionals' independent judgment when care is informed by clinical decision support AI, and bars them from using AI to independently perform, or to direct unlicensed personnel in, clinical functions that require a professional license.
CA SB 947
Adds Labor Code Part 5.5.5 on employers' use of automated decision systems (ADS). Bars using an ADS to violate labor or civil rights law, to infer an employee's protected status, or to predict and act against workers exercising legal rights; bars relying solely on an ADS for disciplinary or termination decisions and requires human corroboration where an ADS output is the primary basis; and requires a written post-use notice and, on request, a description of the employee's data used. Operative July 1, 2027.
TX Healthcare AI Law
Requires healthcare practitioners using AI for diagnosis to review all AI-generated records and disclose AI use to patients. Mandates EHR data localization (Texas patient data must be physically stored in US). Applies to covered entities and third-party vendors.
IL HB 5511
Requires covered operators of online platforms to apply protective default settings to users they know to be minors, including limits on algorithmic feeds, a 10 p.m. to 7 a.m. notification curfew and no autoplay by default on addictive social media platforms, and establishes a device-level age-bracket signal that Internet-enabled device manufacturers must provide and operators must request. Announced by the Governor as the Children's Social Media Safety Act, the title of the bill as introduced. Enforced by the Attorney General.
NJ Kids Code
Codifies a New Jersey Age-Appropriate Design Code requiring covered online service providers to design services likely to be accessed by minors around minors' safety and wellbeing, including high-privacy defaults, limits on engagement-maximising design features, and data protection impact assessments. Enforced by the Attorney General with a private right of action for minors and their parents.
IA SF 2417
Establishes requirements and guidelines for conversational AI services including AI disclosure to minors, prohibition on sexually explicit content for minors, prevention of deceptive human-like interactions, and parental controls for children under 13.
Last updated October 4, 2026. Verify against primary sources before relying on this information.