Evidence & sources
Obligations- blocking scope_of_practice: A regulated professional may not allow an AI system to engage in therapeutic communication with a client except through synchronous, real-time interaction involving the professional, the AI system, and the client.
The bill requires "synchronous, real-time interaction between the regulated professional, the AI system, and the client" for any AI therapeutic communication. - blocking scope_of_practice: An AI system may not generate therapeutic recommendations or treatment plans without review and approval by the regulated professional.
Professionals may not let AI "generate therapeutic recommendations or treatment plans without review and approval by the regulated professional." - material disclosure: At initial contact, a regulated professional must inform clients of the prohibitions on AI use in the practice of psychotherapy.
At initial contact, professionals must "inform clients of the prohibitions regarding use of AI systems in the practice of psychotherapy." - blocking consent: If a session is recorded or transcribed using AI, the professional must disclose this in advance and obtain the client's written, informed consent.
AI recording or transcription requires disclosure "in advance" and "written, informed consent from the client."
Scope- applies_if_minor_accessible = true
The act bars "a regulated professional" from using an AI system "to provide, direct, or guide psychotherapy, clinical intervention, counseling, diagnosis, treatment planning, or other activity that constitutes the practice of psychotherapy with an individual or group unless the use satisfies the conditions specified in the act" (official bill summary, HB26-1195, as enacted; section-numbered text was not obtainable this session, see the instrument's own note); no minors exclusion appears in the summary. - applies_to_operator = regulated_professional_licensed_certified_or_registered
The act "prohibits individuals lawfully permitted to provide psychotherapy services in the state (regulated professionals)" from the restricted AI uses (official bill summary, HB26-1195, as enacted). Correction: the prior quote ("licensed, certified, or registered mental health professionals") does not appear verbatim in the primary text fetched this session; replaced with the actual summary language. - exempts = administrative_or_supplementary_support_with_professional_review; fda_regulated_non_diagnostic_technologies
The act "allows regulated professionals to use an AI system to assist in providing administrative support or supplementary support...if the regulated professional maintains responsibility for reviewing any outputs of the AI system," and "does not apply to regulated professionals who use or recommend the use of technology in the state that does not diagnose or treat mental health disorders, clearly discloses that the technology is not a substitute for clinical care, and: ... Is regulated by the federal food and drug administration" (official bill summary, HB26-1195, as enacted). Correction: the prior evidence used quotation marks around a paraphrase ("retains full responsibility for all interactions, outputs, and data use"; "FDA-regulated technologies") that do not appear verbatim in the primary; replaced this session with the actual summary language.
Verified by CAW editor (seed review) on 2026-09-08T00:00:00Z
Archived copy: cb57f28f4129… (retrieved 2026-10-06). Last checked 2026-11-04.
Live primary source: https://leg.colorado.gov/bills/HB26-1195
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Evidence & sources
Obligations- material audit_reporting: A developer of a high-risk AI system must make available to deployers a general statement of intended uses and documentation of known or reasonably foreseeable limitations and discrimination risks.
A developer "shall make available to the deployer of the system: (a) a general statement describing the intended uses of the high-risk artificial intelligence system; (b) documentation disclosing: (I) known or reasonably foreseeable limitations" (6-1-1602(2)). - material audit_reporting: A deployer of a high-risk AI system must implement a risk-management policy and program and complete an impact assessment before deployment and at least annually thereafter.
A deployer "shall implement a risk management policy and program to govern the deployer's deployment of high-risk artificial intelligence systems" (6-1-1603(2)(a)) and "shall complete an impact assessment for the high-risk artificial intelligence system" at least annually (6-1-1603(3)(a)(II)). - material disclosure: A deployer of an AI system intended to interact with consumers must ensure the system discloses to each consumer that they are interacting with an AI system, unless that would be obvious to a reasonable person.
A deployer "shall ensure that the artificial intelligence system discloses to each consumer who interacts with the artificial intelligence system that the consumer is interacting with an artificial intelligence system" (6-1-1605(1)), unless "it would be obvious to a reasonable person" (6-1-1605(2)).
Scope- applies_if_minor_accessible = true
"A person doing business in this state ... that deploys, offers, sells, leases, licenses, gives, or otherwise makes available an artificial intelligence system that is intended to interact with consumers shall ensure that the artificial intelligence system discloses to each consumer ... that the consumer is interacting with an artificial intelligence system" (6-1-1605(1)); "consumer" carries no age floor. Status matches the instrument row: the bill text captured this session is the as-introduced version, not independently corroborated against the 2025 delay amendment. - applies_to_operator = developer; deployer_doing_business_in_colorado
"Deployer" and "Developer" both mean "a person doing business in this state" that deploys/develops the relevant AI system (6-1-1601(6)-(7)). - covered_service = high_risk_artificial_intelligence_system_making_or_substantially_factoring_a_health_care_consequential_decision
"Consequential decision" includes a decision materially affecting a consumer's access to "a health-care service" (6-1-1601(3)(g)). - exempts = fda_approved_systems
The Act does not apply to a system "that has been approved by the federal Food and Drug Administration" and used "in accordance with all applicable federal laws" (6-1-1608(5)).
Archived copy: 6805df22183a… (retrieved 2026-10-06). Last checked 2026-11-04.
Live primary source: https://leg.colorado.gov/bills/sb24-205
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