New Hampshire 2026 Session Status: Passed Senate Bipartisan · 9 R · 3 D cosponsors

SB 640 — relative to the use of artificial intelligence to provide services requiring a professional license.

Last action — Inexpedient to Legislate: MA VV 05/14/2026 HJ 13 P. 24

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill has passed the Senate. Introduced November 25, 2025. It now moves to the second chamber.

Next likely step: consideration and a floor vote in the House.

Odds of enactment

Moderate chance

Based on the sponsor, cosponsors, and committee posture, this bill has a moderate chance of becoming law.

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A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Advancing 54% · moderate confidence

  • Passed Senate

    Current position in the legislative process.

  • 13 sponsors

    1 primary, 12 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (9 R · 3 D) — cross-party backing.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Summary

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

Bill Text

What changed in the latest version

109 added · 272 removed

Plain-language change summary

The latest amendment to SB 640 introduces a specific focus on the use of artificial intelligence in relation to unlicensed professional practice. It establishes clear penalties for individuals or entities who unlawfully practice without a license, setting a fixed civil penalty of $10,000 per violation. This change is significant because it strengthens enforcement against unlicensed professionals and helps protect the integrity of licensed occupations, ensuring that only qualified individuals provide professional services.

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SB 640-FN - AS INTRODUCED SESSION 26-2088 09/08 SENATE BILL 640-FN AN ACT relative to the use of artificial intelligence to provide services requiring a professional license.
SB 640-FN - AS AMENDED BY THE SENATE 03/12/2026 1051s SESSION 26-2088 09/08 SENATE BILL 640-FN AN ACT relative to the use of artificial intelligence to provide services requiring a professional license.
SB 640-FN - AS INTRODUCED 26-2088 09/08 STATE OF NEW HAMPSHIRE In the Year of Our Lord Two Thousand Twenty-Six AN ACT relative to the use of artificial intelligence to provide services requiring a professional license.
SB 640-FN - AS AMENDED BY THE SENATE 03/12/2026 1051s 26-2088 09/08 STATE OF NEW HAMPSHIRE In the Year of Our Lord Two Thousand Twenty-Six AN ACT relative to the use of artificial intelligence to provide services requiring a professional license.
Unlicensed Practice.
Unlicensed Practice.RSA 310:13 is repealed and reenacted to read as follows:
Amend RSA 310:13 to read as follows:
310:13 Unlicensed Practice;
310:13 Unlicensed Practice.
Use of Artificial Intelligence.
After providing notice and opportunity to be heard in accordance with RSA 310:10, and upon making an affirmative finding of unlawful practice, the board may impose a fine not to exceed the amount of any gain or economic benefit that the person derived from the violation, or up to $10,000 for each offense, whichever amount is greater.
After providing notice and opportunity to be heard in accordance with RSA 310:10, and upon making an affirmative finding of unlawful practice, the office shall impose a civil penalty of $10,000 per violation.
The board, the state's attorney general, or a prosecuting attorney of any county or municipality where the act of unlawful practice takes place may maintain an action to enjoin any person or entity from continuing to do acts of unlawful practice.
The board, the attorney general, or a prosecuting attorney of any county or municipality where the act of unlawful practice takes place may maintain an action to enjoin any person or entity from continuing to do acts of unlawful practice.
No individual, corporation, or other entity or person may provide, advertise, or otherwise offer services requiring professional licensure to the public in this state, or otherwise engage in unlawful practice as described in paragraph I through Internet-based artificial intelligence, unless those services are delivered by a licensed professional.
For any order issued in resolution of a disciplinary proceeding by the board, where the board has found unlawful practice, the board may require the respondent who is the subject of such finding to pay the office the reasonable cost of investigation and prosecution of the proceeding, but which shall not exceed $10,000.
For purposes of this section, artificial intelligence means any computer-based system, software, or algorithm designed to perform tasks that typically require human cognitive functions, SB 640-FN - AS INTRODUCED - Page 2 - including but not limited to natural language processing, pattern recognition, decision- making, or predictive analytics.
III.
For any order issued in resolution of a disciplinary proceeding by the board, where the board has found unlicensed practice, the board may require the respondent who is the subject of such finding to pay the office the reasonable cost of investigation and prosecution of the proceeding, but which shall not exceed $10,000.
The investigative and prosecution costs shall be assessed by the office, and any sums recovered shall be credited to the office's fund and disbursed by the office for any future investigations of complaints and activities that violate this chapter or rules adopted under this chapter.
The investigative and prosecution costs shall be assessed by the office and any sums recovered shall be credited to the office's fund and disbursed by the office for any future investigations of complaints and activities that violate this chapter or rules adopted under this chapter.
2 Psychologists;
SB 640-FN - AS AMENDED BY THE SENATE - Page 2 - III.
Unlawful Practice and Artificial Intelligence.
No individual, corporation, or other entity or person may provide, advertise, or otherwise offer mental health services requiring professional licensure to the public in this state through artificial intelligence unless those services are provided by a New Hampshire licensed mental health professional.
New Section;
Artificial intelligence shall not independently provide therapeutic communication directly to a client without the involvement of a New Hampshire licensed mental health professional.
Psychologists;
This paragraph does not preclude a New Hampshire licensed mental health professional, operating within their scope of practice, from utilizing FDA-authorized and/or HIPPA compliant artificial intelligence tools for a client under their care provided the New Hampshire licensed professional exercises due diligence.
Unlawful Practice and Artificial Intelligence.
IV.(a) For the purposes of this paragraph:
Amend RSA 329-B by inserting after section 17 the following new section:
(1) “Artificial intelligence” means any computer-based system, software, or algorithm designed to perform tasks that typically require human cognitive functions, including but not limited to natural language processing, pattern recognition, decision-making, or predictive analytics.
329-B:17-a Unlawful Practice and Artificial Intelligence.
(2) “Licensed professional” means a person holding a valid license in this state, or through a license compact, to provide therapy or psychotherapy services.
I.
(3) “Peer support” means nonclinical services provided by individuals with lived experience of mental health conditions or recovery from substance use disorders, intended to offer encouragement, understanding, and guidance without clinical intervention.
In this section:
(4) “Religious counseling” means faith-based counseling provided by clergy, pastoral counselors, or other religious leaders acting within the scope of their religious duties, provided the services are not represented as clinical therapy or psychotherapy.
(a) “Administrative support” means tasks performed to assist a licensed professional in the delivery of psychology, licensed school psychology-doctoral, or licensed school psychology- specialist practice services that do not involve therapeutic communication, including but not limited to:
(5) “Therapeutic communication” means any verbal, nonverbal, or written interaction intended to diagnose, treat, or address an individual's mental, emotional, or behavioral health concerns, including but not limited to:
(1) Managing appointment scheduling and reminders.
(i) Direct interactions with clients for the purpose of understanding or reflecting their thoughts, emotions, or experiences.
(2) Processing billing and insurance claims.
(ii) Providing guidance, therapeutic strategies, or interventions designed to achieve mental health outcomes.
(3) Drafting general communications related to therapy logistics.
(iii) Offering emotional support, reassurance, or empathy in response to psychological distress.
(b) “Artificial intelligence” means any computer-based system, software, or algorithm designed to perform tasks that typically require human cognitive functions, including but not limited to natural language processing, pattern recognition, decision-making, or predictive analytics.
(iv) Collaborating with clients to develop or modify treatment plans or therapeutic goals.
(c) “Consent” means a clear, explicit affirmative act by an individual that unambiguously communicates the individual’s express, freely given, informed, voluntary, and specific written agreement to the use of artificial intelligence under this chapter.
(v) Delivering behavioral feedback intended to promote psychological growth or address mental health conditions.
(d) “Licensed professional” means a person holding a valid license or certification in this state to provide psychology, licensed school psychology-doctoral, or licensed school psychology- specialist practice services under this chapter.
SB 640-FN - AS AMENDED BY THE SENATE - Page 3 - (6) “Therapy or psychotherapy services” means services provided to diagnose, treat, or improve an individual's mental health or behavioral health, but does not include religious counseling or peer support.
(e) “Peer support” means nonclinical services provided by individuals with lived experience of mental health conditions or recovery from substance use disorders, intended to offer encouragement, understanding, and guidance without clinical intervention.
(b) No person, corporation, or entity may provide, advertise, or otherwise offer therapy or psychotherapy services or therapeutic communication, including through Internet-based artificial intelligence, to the public in this state unless those services are provided by a New Hampshire licensed mental health professional.
(f) “Religious counseling” means faith-based counseling provided by clergy, pastoral counselors, or other religious leaders acting within the scope of their religious duties, provided the SB 640-FN - AS INTRODUCED - Page 3 - services are not represented as clinical psychology, licensed school psychology-doctoral, or licensed school psychology-specialist practice.
(c) This paragraph does not apply to:
"Religious counseling" also includes all counseling activities and services of religious leaders described in RSA 329-B:28, I(d).
(1) Religious counseling;
(g) “Supplementary support” means tasks performed to assist a licensed professional in the delivery of psychology, licensed school psychology-doctoral, or licensed school psychology- specialist practice services that do not involve therapeutic communication, including but not limited to:
or (2) Peer support.
(1) Preparing and maintaining client records, including therapy notes.
V.(a) A commission is established to continue reviewing the implementation of this section to better understand the impacts of this section.
(2) Analyzing anonymized data to track client progress or identify trends, subject to review by a licensed professional.
(b) Notwithstanding RSA 14:49, the commission shall be comprised of:
(3) Identifying and organizing external resources or referrals for client use.
(1) Two members of the senate, appointed by the president of the senate.
(h) “Therapeutic communication” means any verbal, nonverbal, or written interaction conducted in a professional setting intended to diagnose, treat, or address an individual's mental, emotional, or behavioral health concerns, including but not limited to:
(2) Three members of the house of representatives, appointed by the speaker of the house of representatives.
(1) Direct interactions with clients for the purpose of understanding or reflecting their thoughts, emotions, or experiences.
(3) A member appointed by the National Association of Social Workers New Hampshire.
(2) Providing guidance, therapeutic strategies, or interventions designed to achieve mental health outcomes.
(4) A member appointed by the American Association of Marriage and Family Therapy.
(3) Offering emotional support, reassurance, or empathy in response to psychological distress.
(5) A member appointed by the New Hampshire Psychological Association.
(4) Collaborating with clients to develop or modify treatment plans or therapeutic goals.
(6) A member appointed by the New Hampshire Community Behavioral Health Association.
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(5) Delivering behavioral feedback intended to promote psychological growth or address mental health conditions.
(c) Legislative members of the commission shall receive mileage at the legislative rate when attending to the duties of the commission.
(d) The commission shall review the implementation of the policy changes induced by this section to better understand the impacts.
(e) The members of the study commission shall elect a chairperson from among the members.
The first meeting of the commission shall be called by the first-named senate member.
The first meeting of the commission shall be held within 30 days of the effective date of this section.
Five members of the commission shall constitute a quorum.
(f) The commission shall report its findings and any recommendations for proposed legislation to the speaker of the house of representatives, the president of the senate, the house clerk, the senate clerk, the governor, and the state library on or before November 1, 2026.
2 Repeal.
RSA 310:13, V, relative to commission to study the implementation of the section, is repealed.
3 Effective Date.
SB 640-FN - AS AMENDED BY THE SENATE - Page 4 - I.
Section 2 of this act shall take effect November 1, 2026.
A licensed professional may use artificial intelligence to assist in services provided by the licensed professional within their scope of practice.
The remainder of this act shall take effect upon its passage.
When doing so, the licensed professional:
LBA 26-2088 3/18/26 SB 640-FN- FISCAL NOTE AS AMENDED BY THE SENATE (AMENDMENT #2026-1051s) AN ACT relative to the use of artificial intelligence to provide services requiring a professional license.
(a) Shall maintain full responsibility for all interactions, outputs, and data use associated with the artificial intelligence.
(b) May permit artificial intelligence to provide client interactions as directed by the licensed professional, so long as the licensed professional:
(1) Reviews all such interactions in a timely manner;
and (2) Takes appropriate steps to review, analyze and further restrict interactions of the artificial intelligence as appropriate under this section.
(c) May use the artificial intelligence to record client interactions for analysis by the licensed professional, so long as it is done in accordance with the law and the ethical and legal obligations of the licensed professional.
SB 640-FN - AS INTRODUCED - Page 4 - (d) May only use artificial intelligence to support psychology, licensed school psychology- doctoral, or licensed school psychology-specialist practice services when:
(1) The client or the client’s legally authorized representative is informed in writing that artificial intelligence will be used and of the specific purpose for which it will be used;
and (2) The client or the client’s legally authorized representative provides written consent for that use.
III.
A licensed professional's use of artificial intelligence in a manner that is inconsistent with paragraph II shall be misconduct sufficient to support disciplinary proceedings brought by the board in accordance with RSA 310.
IV.
This section shall not apply to:
(a) Religious counseling;
(b) Peer support;
or (c) Self-help materials and educational resources that are publicly available and do not purport to offer psychology, licensed school psychology-doctoral, or licensed school psychology- specialist practice services.
3 New Section;
Mental Health Practice;
Unlicensed Therapy and the Use of Artificial Intelligence.
Amend RSA 330-A by inserting after section 25 the following new section:
330-A:25-a Unlicensed Therapy and the Use of Artificial Intelligence.
I.
In this section:
(a) “Administrative support” means tasks performed to assist a mental health practitioner in the delivery of mental health practice services that do not involve therapeutic communication, including but not limited to:
(1) Managing appointment scheduling and reminders.
(2) Processing billing and insurance claims.
(3) Drafting general communications related to therapy logistics.
(b) “Artificial intelligence” means any computer-based system, software, or algorithm designed to perform tasks that typically require human cognitive functions, including but not limited to natural language processing, pattern recognition, decision-making, or predictive analytics.
(c) “Consent” means a clear, explicit affirmative act by an individual that unambiguously communicates the individual’s express, freely given, informed, voluntary, and specific written agreement to the use of artificial intelligence under this chapter.
(d) “Peer support” means nonclinical services provided by individuals with lived experience of mental health conditions or recovery from substance use disorders, intended to offer encouragement, understanding, and guidance without clinical intervention.
(e) “Religious counseling” means faith-based counseling provided by clergy, pastoral counselors, or other religious leaders acting within the scope of their religious duties, provided the SB 640-FN - AS INTRODUCED - Page 5 - services are not represented as mental health practice.
"Religious counseling" also includes all counseling activities and services of religious leaders described in RSA 329-B:28, I(d).
(f) “Supplementary support” means tasks performed to assist a mental health practitioner in the delivery of mental health practice services that do not involve therapeutic communication, including but not limited to:
(1) Preparing and maintaining client records, including therapy notes.
(2) Analyzing anonymized data to track client progress or identify trends, subject to review by a mental health practitioner.
(3) Identifying and organizing external resources or referrals for client use.
(g) “Therapeutic communication” means any verbal, nonverbal, or written interaction conducted in a professional setting intended to diagnose, treat, or address an individual's mental, emotional, or behavioral health concerns, including but not limited to:
(1) Direct interactions with clients for the purpose of understanding or reflecting their thoughts, emotions, or experiences.
(2) Providing guidance, therapeutic strategies, or interventions designed to achieve mental health outcomes.
(3) Offering emotional support, reassurance, or empathy in response to psychological distress.
(4) Collaborating with clients to develop or modify treatment plans or therapeutic goals.
(5) Delivering behavioral feedback intended to promote psychological growth or address mental health conditions.
II.
A mental health practitioner may use artificial intelligence to assist in services provided by the mental health practitioner within their scope of practice.
When doing so, the mental health practitioner:
(a) Shall maintain full responsibility for all interactions, outputs, and data use associated with the artificial intelligence.
(b) May permit artificial intelligence to provide client interactions as directed by the mental health practitioner, so long as the mental health practitioner:
(1) Reviews all such interactions in a timely manner;
and (2) Takes appropriate steps to review, analyze and further restrict interactions of the artificial intelligence as appropriate in their professional judgment.
(c) May use the artificial intelligence to record client interactions for analysis by the mental health practitioner, so long as it is done in accordance with the law and the ethical and legal obligations of the mental health practitioner.
(d) May only use artificial intelligence to support psychology, licensed school psychology- doctoral, or licensed school psychology-specialist practice services when:
SB 640-FN - AS INTRODUCED - Page 6 - (1) The client or the client’s legally authorized representative is informed in writing that artificial intelligence will be used and of the specific purpose for which it will be used;
and (2) The client or the client’s legally authorized representative provides written consent for that use.
III.
A mental health practitioner’s use of artificial intelligence in a manner that is inconsistent with paragraph II shall be misconduct sufficient to support disciplinary proceedings brought by the board in accordance with RSA 310.
IV.
This section shall not apply to:
(a) Religious counseling;
(b) Peer support;
or (c) Self-help materials and educational resources that are publicly available and do not purport to offer psychology, licensed school psychology-doctoral, or licensed school psychology- specialist practice services.
4 New Section;
Alcohol and Other Drug Use Professionals.
Amend RSA 330-C by inserting after section 20 the following new section:
330-C:20-a Unlawful Practice and the Use of Artificial Intelligence.
I.
In this section:
(a) “Administrative support” means tasks performed to assist a licensed professional in the delivery of substance use counseling services that do not involve therapeutic communication, including but not limited to:
(1) Managing appointment scheduling and reminders.
(2) Processing billing and insurance claims.
(3) Drafting general communications related to therapy logistics.
(b) “Artificial intelligence” means any computer-based system, software, or algorithm designed to perform tasks that typically require human cognitive functions, including but not limited to natural language processing, pattern recognition, decision-making, or predictive analytics.
(c) “Consent” means a clear, explicit affirmative act by an individual that unambiguously communicates the individual’s express, freely given, informed, voluntary, and specific written agreement to the use of artificial intelligence under this chapter.
(d) “Licensed professional” means a person holding a valid license or certification in this state as a master licensed alcohol and drug counselor or a licensed alcohol and drug counselor.
(e) “Peer support” means nonclinical services provided by individuals with lived experience of mental health conditions or recovery from substance use disorders, intended to offer encouragement, understanding, and guidance without clinical intervention.
(f) “Religious counseling” means faith-based counseling provided by clergy, pastoral counselors, or other religious leaders acting within the scope of their religious duties, provided the services are not represented as substance use counseling services.
SB 640-FN - AS INTRODUCED - Page 7 - (g) “Supplementary support” means tasks performed to assist a licensed professional in the delivery of substance use counseling services that do not involve therapeutic communication, including but not limited to:
(1) Preparing and maintaining client records, including therapy notes.
(2) Analyzing anonymized data to track client progress or identify trends, subject to review by a licensed professional.
(3) Identifying and organizing external resources or referrals for client use.
(h) “Therapeutic communication” means any verbal, nonverbal, or written interaction conducted in a professional setting intended to diagnose, treat, or address an individual's mental, emotional, or behavioral health concerns, including but not limited to:
(1) Direct interactions with clients for the purpose of understanding or reflecting their thoughts, emotions, or experiences.
(2) Providing guidance, therapeutic strategies, or interventions designed to achieve mental health outcomes.
(3) Offering emotional support, reassurance, or empathy in response to psychological distress.
(4) Collaborating with clients to develop or modify treatment plans or therapeutic goals.
(5) Delivering behavioral feedback intended to promote psychological growth or address mental health conditions.
II.
A licensed professional may use artificial intelligence to assist in services provided by the licensed professional within their scope of practice.
When doing so, the licensed professional:
(a) Shall maintain full responsibility for all interactions, outputs, and data use associated with the artificial intelligence.
(b) May permit artificial intelligence to provide client interactions as directed by the licensed professional, so long as the licensed professional:
(1) Reviews all such interactions in a timely manner;
and (2) Takes appropriate steps to review, analyze, and further restrict interactions of the artificial intelligence as appropriate in their professional judgment.
(c) The licensed professional may use the artificial intelligence to record client interactions for analysis by the licensed professional, so long as it is done in accordance with the law and the ethical and legal obligations of the licensed professional.
(d) A licensed professional may only use artificial intelligence to support substance use counseling services when:
(1) The client or the client’s legally authorized representative is informed in writing that artificial intelligence will be used and of the specific purpose for which it will be used;
and SB 640-FN - AS INTRODUCED - Page 8 - (2) The client or the client’s legally authorized representative provides written consent for that use.
III.
A licensed professional’s use of artificial intelligence in a manner that is inconsistent with paragraph II shall be misconduct sufficient to support disciplinary proceedings brought by the board in accordance with RSA 310.
IV.
This section does not apply to:
(a) Religious counseling;
(b) Peer support;
or (c) Self-help materials and educational resources that are publicly available and do not purport to offer psychology, licensed school psychology-doctoral, or licensed school psychology- specialist practice services.
5 Effective Date.
This act shall take effect upon its passage.
LBA 26-2088 11/17/25 SB 640-FN- FISCAL NOTE AS INTRODUCED AN ACT relative to the use of artificial intelligence to provide services requiring a professional license.
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Action History

  1. Inexpedient to Legislate: MA VV 05/14/2026 HJ 13

  2. Committee Report: Inexpedient to Legislate 04/29/2026 (Vote 11-1; CC) HC 19 P. 14

  3. Public Hearing on non-germane Amendment # 2026-1522h: 04/22/2026 11:00 am GP 231

  4. Full Committee Work Session: 04/29/2026 01:00 pm GP 231

  5. Public Hearing: 04/15/2026 11:10 am GP 231

  6. Introduced (in recess of) 03/12/2026 and referred to Executive Departments and Administration HJ 8 P. 114

  7. Ought to Pass with Amendment #2026-1051s, MA, VV; OT3rdg; 03/12/2026; SJ 6

  8. Committee Amendment # 2026-1051s, AA, VV; 03/12/2026; SJ 6

  9. Committee Report: Ought to Pass with Amendment # 2026-1051s, 03/12/2026; Vote 4-0; CC; SC 9

  10. Hearing: 01/14/2026, Room 103, SH, 01:30 pm; SC 1

  11. Introduced 01/07/2026 and Referred to Executive Departments and Administration; SJ 1

Sponsors

Sponsorship breakdown

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1 sponsors · 12 co-sponsors · 402 not signed on

Sponsors (1)

Co-sponsors (12)

Not signed on (402)

402 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Frequently asked questions

What does SB 640 do?
relative to the use of artificial intelligence to provide services requiring a professional license.
Who sponsors SB 640?
SB 640 is sponsored by Tim McGough (Republican), Keith Murphy (Republican), Howard Pearl (Republican), Timothy Lang (Republican), Cindy Rosenwald (Democrat), Daniel Innis (Republican), Bill Gannon (Republican), Michael Moffett (Republican), Kevin Avard (Republican), Regina Birdsell (Republican), Peter B Schmidt, David Watters (Democrat), and Rebecca Perkins Kwoka (Democrat).
What is the current status of SB 640?
This bill has passed the Senate. Introduced November 25, 2025. It now moves to the second chamber.
Where can I track SB 640?
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