C.R.S. § 6-1-1705.2: Use of artificial intelligence systems - psychotherapy services - prohibited practices - definitions. [Editor's note: This version of this section is effective January 1, 2027.]

(1) A person shall not use any term, letter, or phrase in the advertising, interface, or outputs of an artificial intelligence system in a manner that:

(a) Indicates or implies that the artificial intelligence system's output data is being provided by, is endorsed by, or is equivalent to services provided by an individual licensed, registered, or certified in the state pursuant to article 245 of title 12 to engage in the practice of psychotherapy or to provide psychotherapy services;

(b) Represents that the artificial intelligence system provides psychotherapy services; or

(c) Represents that a user's data is confidential in a manner that would lead a reasonable user to believe that the data is protected in a manner comparable to privacy protections afforded by therapist-client confidentiality in a relationship between a licensee, registrant, certificate holder, or other person lawfully permitted to provide psychotherapy services in the state and the client.

(2) Nothing in this section imposes liability on a licensee, registrant, certificate holder, or other individual legally permitted to provide psychotherapy services in the state for defects in, or failures of, an artificial intelligence system that are attributable to the developer or deployer of the artificial intelligence system. The liability of a developer or deployer for such defects or failures is governed by applicable consumer protection law.

(3) Nothing in this section prohibits the use of an artificial intelligence system within an accredited or approved educational, instructional, or professional training program, so long as the artificial intelligence system:

(a) Is used solely for educational, administrative, simulation, or training purposes;

(b) Notwithstanding section 12-245-224.5 (5)(a), is not deployed, marketed, or represented as a tool for use with clients, patients, or members of the public; and

(c) For any simulation, training module, or educational activity that includes content related to clinical decision-making, is reviewed or controlled by an individual licensed, certified, registered, or otherwise lawfully permitted to provide psychotherapy services in the state.

(4) Nothing in this section prohibits the development, testing, or evaluation of an artificial intelligence system solely for research purposes conducted under the oversight of an institutional review board registered with the United States department of health and human services, so long as the artificial intelligence system is not offered to consumers or used to provide psychotherapy services outside of the research setting.

(5) This section does not apply to the use of a technology or service that:

(a) Provides self-help, therapeutic homework, patient navigation, coaching, guided meditation, journaling, reflections, psychoeducation, goal setting, progress tracking, therapeutic session preparation, therapeutic session summaries, mood monitoring, mindfulness exercises, breathing exercises, crisis resource directories, safety planning, or other wellness tools that:

(I) Do not diagnose or treat mental health disorders; and

(II) Clearly and conspicuously disclose that the technology or service is not a substitute for clinical care; or

(b) Is authorized, approved, cleared, or granted enforcement discretion by the federal food and drug administration for an intended use that includes the delivery of behavioral health interventions, including an artificial intelligence system, and that:

(I) Does not diagnose or treat mental health disorders; and

(II) Clearly and conspicuously discloses that the technology or service is not a substitute for clinical care.

(6) As used in this section, unless the context otherwise requires:

(a) "Artificial intelligence system" has the meaning set forth in section 12-245-224.5.

(b) "Psychotherapy" or "psychotherapy services" has the meaning set forth in section 12-245-202.