CO AI Healthcare Act
Use of Artificial Intelligence in Health Care (HB26-1139)
Regulates mental health companion chatbots and AI use in healthcare utilization review. Declares AI providers engage in unauthorized practice of psychotherapy if their chatbot misrepresents credentials, uses reserved professional titles, delivers unsupervised psychotherapy, or fails to disclose it is not human. Separately requires AI-driven insurance utilization review to consider individual clinical circumstances rather than solely group data.
Jurisdiction
Colorado
Enacted
Pending
Effective
TBD
Enforcement
Colorado Attorney General
Passed House 3rd reading unamended March 16, 2026. Pending Senate action.
Colorado General AssemblyWhy It Matters
Establishes unauthorized practice of psychotherapy framework for AI chatbots that present themselves as mental health providers, complementing HB26-1195 which restricts licensed therapists from delegating clinical work to AI.
Recent Developments
Passed Colorado House on March 16, 2026. Companion bill to HB26-1195 (AI Psychotherapy Restrictions for licensed professionals).
At a Glance
Applies to
Harms addressed
Requires
Who Must Comply
- AI system providers offering mental health companion chatbots
- Health care entities using AI for utilization review
- Insurance carriers using AI for coverage decisions
- Pharmacy benefit managers
- Managed care entities
Safety Provisions
- Mental health companion chatbots must provide clear, conspicuous notice they are not human and not authorized to provide psychotherapy
- AI systems cannot misrepresent themselves as licensed mental health professionals
- AI cannot use titles or descriptions reserved for regulated mental health professionals
- AI-driven psychotherapy delivery requires oversight by a regulated professional
- AI-recommended insurance denials must be reviewed by a licensed clinician
- AI utilization review must consider individual clinical circumstances, not solely group data
Exemptions
Administrative AI Use
AI used for scheduling, billing, recordkeeping, and similar administrative tasks is permitted
- • No therapeutic interaction
- • No clinical decision-making
Compliance & Enforcement
Penalties
Not yet specified in available bill text; companion bill HB26-1195 references Consumer Protection Act enforcement
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Colorado
Focus Areas
Cite This
APA
Colorado. (n.d.). Use of Artificial Intelligence in Health Care (HB26-1139).
Related Regulations
CO AI Psychotherapy Restrictions
Prohibits licensed mental health professionals from using AI to detect emotions, generate treatment plans without clinician review, or directly interact with clients therapeutically. Allows AI for administrative support with consent.
CO HB 1263
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TN AI Mental Health Prohibition
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CA SB 867
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MO AI Mental Health Prohibition
Prohibits any individual or entity that develops or deploys AI from advertising or representing that the AI is or is able to act as a mental health professional or is capable of providing therapy services. Violations treated as unlawful practice under the Missouri Merchandising Practices Act.
FL AI Bill of Rights
Establishes an 'AI Bill of Rights' for Floridians including the right to know if communicating with AI, parental controls over minors' AI chatbot access, prohibition on selling user data, disclosure requirements for AI-generated political ads, and protections against unauthorized use of name/image/likeness by AI.
Last updated March 27, 2026. Verify against primary sources before relying on this information.