SB 640 New Hampshire Senate · 2026 Regular Session

relative to the use of artificial intelligence to provide services requiring a professional license.

SB 640 prohibits using artificial intelligence to provide services requiring a professional license (such as psychology, mental health, or substance abuse counseling) unless those services are delivered by a licensed professional. The bill specifically bans AI from replacing human professionals in direct client interactions, though it allows AI for administrative tasks like scheduling or billing. It also authorizes the Office of Professional Licensure to collect fees to cover enforcement costs for violations. This applies to all licensed professions in New Hampshire, with additional specific rules for psychologists and mental health practitioners.
Bill status failed 3 of 5 stages cleared
Introduction
Nov 2025
Committee Review
May 2026
Senate Passage
Mar 2026
House Passage
Governor
Introduced Nov 25, 2025 Last action May 14, 2026
Maddy AI version diff · 1 comparison

What changed between versions

Introduced As Amended by the Senate · 6 edits
MODERATE
The Senate amendment significantly narrowed and refocused the bill from a general AI prohibition on all licensed professional services to one specifically targeting mental health services. It replaced discretionary board fines with a mandatory flat $10,000 civil penalty imposed by the office, added a carve-out allowing licensed mental health professionals to use FDA-authorized or HIPAA-compliant AI tools, and introduced new definitions for peer support, religious counseling, and therapeutic communication.
SCOPE

The AI prohibition in paragraph II was narrowed from covering all services requiring professional licensure to specifically targeting mental health services. The bill no longer broadly bans AI-delivery of any licensed service statewide.

The separate psychologists-specific section (RSA 329-B:17-a) that defined administrative support, consent, and other terms specific to psychology practice was removed from the bill.

ENFORCEMENT

The penalty for unlicensed practice changed from a discretionary fine (up to the greater of economic gain or $10,000) imposed by the board to a mandatory flat $10,000 civil penalty per violation imposed by the office. The word 'shall' replaces 'may,' removing discretion.

ELIGIBILITY

A new exception allows New Hampshire licensed mental health professionals to use FDA-authorized and/or HIPAA-compliant AI tools for clients under their care, provided they exercise due diligence. This was not in the introduced version.

DEFINITION

New definitions were added for 'licensed professional' (therapy or psychotherapy license in-state or via compact), 'peer support' (nonclinical services by people with lived experience), 'religious counseling' (faith-based counseling by clergy not represented as clinical therapy), and 'therapeutic communication.'

REQUIREMENT

A new explicit prohibition states that AI 'shall not independently provide therapeutic communication directly to a client without the involvement of a New Hampshire licensed mental health professional,' adding a direct-to-client restriction beyond just requiring delivery by a licensed professional.

Floor votes

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Full legislative history

Actions timeline

Total actions
11
Key actions
4
Committee
5
Amendments
1
May 1, 2026
Committee
Committee Report: Inexpedient to Legislate 04/29/2026 (Vote 11-1; CC) HC 19 P. 14
lower
Apr 16, 2026
Introduced
Public Hearing on non-germane Amendment # 2026-1522h: 04/22/2026 11:00 am GP 231
lower
Apr 15, 2026
Lower · Passed
Full Committee Work Session: 04/29/2026 01:00 pm GP 231
lower
Mar 16, 2026
Introduced
Introduced (in recess of) 03/12/2026 and referred to Executive Departments and Administration HJ 8 P. 114
lower
Mar 6, 2026
Upper · Passed
Ought to Pass with Amendment #2026-1051s, MA, VV; OT3rdg; 03/12/2026; SJ 6
upper
Mar 6, 2026
Upper · Passed
Committee Amendment # 2026-1051s, AA, VV; 03/12/2026; SJ 6
upper
Mar 5, 2026
Upper · Passed
Committee Report: Ought to Pass with Amendment # 2026-1051s, 03/12/2026; Vote 4-0; CC; SC 9
upper
Nov 25, 2025
Introduced
Introduced 01/07/2026 and Referred to Executive Departments and Administration; SJ 1
upper
1 primary · 11 co-sponsors

Sponsors