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S 2632

Enacts the "solar for schools act"; appropriation

2025 Regular Session Introduced by Leroy Comrie and 6 co-sponsors

Regulates AI in therapy: permits admin/supplementary use under licensed professionals, bans autonomous decisions or direct AI therapy, and requires informed consent and privacy.

REFERRED TO FINANCE
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Bill Summary · S 2632

Summary — S 2632: Regulation of Artificial Intelligence in Therapy/Psychotherapy Services

Note: The materials provided contain mixed and partly inconsistent content (headings about a "solar for schools act" and unrelated New Jersey volunteer firefighter provisions). The bill text below appears to be an Act regulating the use of artificial intelligence (AI) and software tools in therapy and psychotherapy (added as Section 298 to Chapter 112). This summary focuses on the AI / behavioral-health provisions contained in the bill text.

Main purpose

To regulate and limit the use of artificial intelligence tools in the delivery of therapy and psychotherapy services by licensed professionals, by (a) defining permitted uses (administrative and limited supplementary support), (b) requiring explicit written consent in certain circumstances, (c) prohibiting autonomous therapeutic decision‑making or direct therapeutic interactions by AI, and (d) preserving confidentiality and licensure standards for providers.

Key provisions and changes

  • Adds Section 298, “Wellness and Oversight for Psychological Resources,” to Chapter 112.
  • Detailed definitions for terms including: “artificial intelligence,” “licensed professional,” “administrative support,” “supplementary support,” “therapeutic communication,” “therapy or psychotherapy services,” “consent,” “peer support,” and “religious counseling.”
  • Permitted uses:
    • AI may be used for administrative support (e.g., scheduling, billing, non‑therapeutic logistics).
    • AI may be used for supplementary support (e.g., maintaining records, anonymized data analysis, organizing referrals) only if the licensed professional retains full responsibility and meets specified requirements.
  • Consent and notice:
    • Use of AI for supplementary support is expressly restricted when a client’s therapeutic session is recorded or transcribed unless the patient (or authorized representative) is given written notice that AI will be used, told the specific purpose, and provides explicit written consent.
    • The bill defines “consent” narrowly — it must be an affirmative, freely given, informed, specific written agreement; passive actions or broad terms of service do not qualify.
  • Prohibitions on AI:
    • AI may not make independent therapeutic decisions.
    • AI may not directly interact with clients in therapeutic communication.
    • AI may not generate therapeutic recommendations or treatment plans without review and approval by the licensed professional.
    • AI may not detect emotions or mental states.
  • Licensing and scope:
    • Therapy or psychotherapy services offered to the public (including via internet‑based AI) must be conducted by an individual who is a licensed professional.
    • Religious counseling and peer support are excluded from the statutory definition of therapy.
  • Confidentiality:
    • All records and communications between clients and licensed professionals are confidential and not to be disclosed except as required by law.
  • Enforcement:
    • The provided text indicates violations are subject to consequences, but the enforcement/penalty language is truncated in the supplied material.

Who or what is affected

  • Licensed mental‑health professionals (psychologists, social workers, counselors, marriage & family therapists, certified substance‑use counselors, professional music therapists, advanced practice nurses, etc.) — responsibilities include oversight of AI use, obtaining consent, and maintaining confidentiality.
  • Patients/clients receiving therapy — gain explicit notice and consent rights when AI is used in recorded/transcribed sessions.
  • Healthcare providers and platforms offering therapy (including telehealth/Internet‑based services) — must ensure licensed professionals deliver therapy and restrict AI features accordingly.
  • AI vendors/developers — features such as emotion detection, autonomous treatment recommendation, or direct therapeutic chatbots may be restricted or require redesign to comply.
  • Entities advertising therapy services — cannot offer therapy to the public unless delivered by licensed professionals.

Procedural status and timeline (as provided)

  • Introduced: July 31, 2025.
  • Referred to various committees (records show Commerce, Science & Transportation; Senate Law & Public Safety; Finance).
  • Reported from the committee on Advanced Information Technology, the Internet and Cybersecurity on October 16, 2025; a new draft of S46 produced the same day and the bill was referred to Health Care Financing.
  • Status in packet: REFERRED TO FINANCE (multiple entries).

Potential impacts and considerations

  • Increases regulatory compliance work for clinicians and telehealth platforms (written notice/consent processes, supervision/approval workflows).
  • May limit certain AI capabilities (emotion detection, autonomous plan generation, direct AI–client interactions).
  • Strengthens patient privacy and informed‑consent protections for recorded/transcribed sessions.
  • Could affect AI vendors’ product design and marketing for behavioral‑health tools sold in the state.
  • Enforcement details and penalties are unclear in the supplied text — full impact depends on complete statutory language and implementing guidance.

Notes / Recommendation

  • The supplied package appears to contain unrelated or truncated materials; interested parties should consult the official legislative text and committee reports for the final, authoritative version, including the full enforcement/penalty provisions, any fiscal notes or appropriation language, and any later amendments.

Compiled from official sources — confirm details with the bill’s official record.

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