South Carolina S 788: Artificial Intelligence and Therapy or Psychotherapy

Bill Text

2025-2026 Bill 788 Text of Previous Version (Apr. 28, 2026) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 788

Indicates Matter Stricken
Indicates New Matter

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

Indicates Matter 
Stricken

Indicates New Matter

Committee Amendment Adopted

April 28, 2026

S. 788

Introduced 
by Senators Blackmon, Stubbs and Leber 

S. Printed 4/28/26--S.

Read the first time January 13, 2026

________

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING ARTICLE 
5 TO CHAPTER 1, TITLE 40, SO AS TO PROVIDE DEFINITIONS RELATED TO ARTIFICIAL 
INTELLIGENCE AND THERAPY OR PSYCHOTHERAPY; TO PROVIDE THAT A LICENSED 
PROFESSIONAL SHALL NOT BE PERMITTED TO USE ARTIFICIAL INTELLIGENCE TO ASSIST IN 
PROVIDING SUPPLEMENTARY SUPPORT IN THERAPY OR PSYCHOTHERAPY WHERE THE CLIENT'S 
THERAPEUTIC SESSION IS RECORDED UNLESS THE PATIENT IS INFORMED THAT ARTIFICIAL 
INTELLIGENCE WILL BE USED AND FOR WHAT PURPOSE AND THE PATIENT CONSENTS TO THIS 
USE; TO PROVIDE THAT AN INDIVIDUAL, CORPORATION, OR ENTITY MAY NOT OFFER 
THERAPY OR PSYCHOTHERAPY SERVICES, INCLUDING THROUGH THE USE OF INTERNET-BASED 
ARTIFICIAL INTELLIGENCE, UNLESS THE THERAPY OR PSYCHOTHERAPY SERVICES ARE 
CONDUCTED BY A LICENSED PROFESSIONAL; TO PROVIDE THAT A LICENSED PROFESSIONAL 
MAY NOT ALLOW ARTIFICIAL INTELLIGENCE TO MAKE INDEPENDENT THERAPEUTIC 
DECISIONS; TO REQUIRE THAT ALL RECORDS KEPT BY A LICENSED PROFESSIONAL BE KEPT 
CONFIDENTIAL; TO PROVIDE EXCEPTIONS; AND TO PROVIDE PENALTIES FOR VIOLATIONS.

 Amend Title To Conform

Be it enacted by the 
General Assembly of the State of South Carolina:

SECTION 1. Title 40 of the S.C. Code is amended by adding:

CHAPTER 86

Artificial Intelligence and Therapy or Psychotherapy

 Section 
40-86-10. For the purposes of this chapter:

 (1) 
"Administrative support" means tasks performed to assist a licensed 
professional in the delivery of therapy or psychotherapy services that do not 
involve communication. "Administrative support" includes, but is not limited 
to:

 (a) 
managing appointment scheduling and reminders;

 (b) 
processing billing and insurance claims; and

 (c) 
drafting general communications related to therapy logistics that do not 
include therapeutic devices.

 (2) 
"Artificial intelligence" means any machine-based system or algorithm, 
including machine learning models, predictive analytics, and decision support 
systems, that analyze data and generate recommendations or predictions.

 (3) 
"Licensed professional" means an individual who holds a valid license issued by 
this State to provide therapy or psychotherapy services, including:

 (a) 
a licensed clinical psychologist;

 (b) 
a licensed clinical social worker;

 (c) 
a licensed social worker;

 (d) 
a licensed psychiatrist;

 (e) 
a licensed professional counselor;

 (f) 
a licensed marriage and family therapist;

 (g) 
addiction counselor; and

 (h) 
any other professional authorized by this State to provide therapy or 
psychotherapy services.

 (4) 
"Peer support" means services provided by individuals with lived experience of 
mental health conditions or recovery from substance use that are intended to 
offer encouragement.

 (5) 
"Permitted use of artificial intelligence" means the use of artificial 
intelligence tools or systems by a licensed professional to assist in providing 
administrative support or supplementary support in therapy or psychotherapy 
services where the licensed professional maintains full responsibility for all 
interactions, outputs, and data use associated with the system and satisfies 
the requirements of Section 40-86-20.

 (6) 
"Religious counseling" means counseling provided by clergy members, pastoral 
counselors, or other religious leaders acting within the scope of their 
religious duties if the services are explicitly faith-based and are not 
represented as clinical mental health services, therapy, or psychotherapy 
services.

 (7) 
"Supplemental support" means tasks performed to assist a licensed professional 
in the delivery of therapy or psychotherapy services that do not involve 
therapeutic communication and that are not administrative support. 
"Supplemental support" includes, but is not limited to:

 (a) 
preparing and maintaining client records, including therapy notes;

 (b) 
analyzing anonymized data to track client progress or identify trends, subject 
to review by a licensed professional; and

 (c) 
identifying and organizing external resources or referrals for client use.

 (8) 
"Therapeutic communication" means any verbal, non-verbal, or written 
interaction conducted in a clinical or professional setting that is intended to 
diagnose, treat, or address an individual's mental, emotional, or behavioral 
health concerns. "Therapeutic communication" includes, but is not limited to:

 (a) 
directing interactions with clients for the purpose of understandi