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

Bill Text

SB 640-FN - AS AMENDED BY THE SENATE

03/12/2026 1051s

2026 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.

SPONSORS: Sen. Pearl, Dist 17; Sen. Lang, Dist 2; Sen. Gannon, Dist 23; Sen. Watters, Dist 4; Sen. Avard, Dist 12; Sen. Rosenwald, Dist 13; Sen. McGough, Dist 11; Sen. Perkins Kwoka, Dist 21; Sen. Murphy, Dist 16; Sen. Innis, Dist 7; Sen. Birdsell, Dist 19; Rep. Moffett, Merr. 4; Rep. Schmidt, Straf. 14

COMMITTEE: Executive Departments and Administration

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ANALYSIS

This bill:

 I. Prohibits the use of artificial intelligence or other means to provide services requiring a professional license unless those services are provided by someone with such a license.

 II. Allows the office of professional licensure and certification to collect fees for the costs of enforcement of the prohibition on unlicensed practice.

 III. Establishes specific requirements for the use of artificial intelligence for psychologists, mental health practitioners, and alcohol and other drug use professionals.

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Explanation: Matter added to current law appears in bold italics.

 Matter removed from current law appears [in brackets and struckthrough.]

 Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

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.

Be it Enacted by the Senate and House of Representatives in General Court convened:

 1 Office of Professional Licensure and Certification; Unlicensed Practice. RSA 310:13 is repealed and reenacted to read as follows: 

 310:13 Unlicensed Practice; Use of Artificial Intelligence. 

 I. Whoever, including but not limited to individuals and entities, not being licensed or otherwise authorized to practice according to the laws of this state, advertises oneself as engaging in a profession licensed by the office of professional licensure and certification, engages in activity requiring professional licensure, or in any way holds oneself out as qualified to do so, or calls oneself a licensed professional, or provides goods or services requiring professional licensure, or whoever does such acts after receiving notice that such person's license to practice has been suspended or revoked, is engaged in unlawful practice. The office may, for purposes of verifying licensure, request to see the license of anyone who advertises oneself as engaging in a profession licensed by the office, engages in activity requiring professional licensure, or in any way holds oneself out as qualified to do so, or calls oneself a licensed professional, or whoever does such acts after receiving notice that such person's license to practice has been suspended or revoked, at the place of business, or where such business is being conducted, of such individual. 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. Each violation of unlicensed or unlawful practice shall be deemed a separate offense. 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. The action to enjoin shall not replace any other civil, criminal, or regulatory remedy. An injunction without bond is available to any board.

 II. 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. This sum may be imposed in addition to any otherwise authorized administrative fines levied by the board as part of the penalty. 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. 

 III. 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. Artificial intelligence shall not indepen