Chatbot Laws · verified Oct. 21, 2026
Licensed psychotherapy providers may not let AI talk with clients in therapy without the provider taking part live, or generate treatment plans without their review; clients get written notice and must consent to AI recording. Anyone may not market an AI system as a licensed therapist or as providing psychotherapy.
Who must comply
Licensees, registrants, certificate holders and others lawfully permitted to provide psychotherapy in Colorado (for the practice rules); any person using AI system advertising, interface or outputs (for the marketing rule). Wellness tools that do not diagnose or treat and disclose they are not clinical care, FDA-authorized tools, training and IRB research uses are excepted.
What it requires
| Design limits | No person may use a term, letter or phrase in an AI system's advertising, interface or outputs that implies its output is provided by or equivalent to a licensed psychotherapist, that represents it provides psychotherapy, or that represents user data is confidential like therapist-client confidentiality.C.R.S. § 6-1-1705.2(1) |
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| Therapy and licensed titles | A provider may not allow an AI system to engage in therapeutic communication with clients without synchronous, real-time involvement of the provider, or generate therapeutic recommendations or treatment plans without the provider's review and approval; AI may not be used to provide, direct or guide psychotherapy outside those conditions. Providers must give clients written notice of these limits at first contact and get advance written notice and written consent before AI records or transcribes a session. AI may support administrative and supplementary tasks under the provider's review.C.R.S. § 12-245-224.5(2), (4)-(6) |
Enforcement
| Enforced by | Licensing boards in the Department of Regulatory Agencies (discipline of licensees) and Attorney General (part 17, Colorado Consumer Protection Act)C.R.S. § 12-245-224(1)(y); §§ 6-1-1705.2, 6-1-1706 |
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| Private lawsuits | Not stated |
| Penalties | Licensees who fail to comply with § 12-245-224.5 are subject to board discipline under § 12-245-224(1)(y). The marketing rule sits in part 17 of article 1 of title 6, where a violation is a deceptive trade practice under the Colorado Consumer Protection Act enforced by the Attorney General (§ 6-1-1706); through Dec 31, 2026 that section bars private suits. The Act does not make a provider liable for defects attributable to the AI developer or deployer. |
Key dates
- The law takes effect
Related laws
- Colorado HB 26-1263Conversational AI service operatorsIn effect since Aug. 12, 2026; more from Jan. 1, 2027
Note
Colorado SB 26-189 rewrites this part of the state’s consumer protection law on January 1, 2027. Where these provisions will sit after that has not been published yet.
Sources
- Chapter 358, Session Laws of Colorado 2026 (HB 26-1195) Supports: All provisions, effective-date clause, approval date Jun 3, 2026.
- HB26-1195 bill page and history, Colorado General Assembly Supports: Votes and dates; Governor signed Jun 3, 2026; session-law table lists effective date 08/12/2026, Chapter 358; summary.
- Colorado General Assembly home page Supports: Adjourned sine die on May 13, 2026.
- Chapter 131, Session Laws of Colorado 2026 (SB 26-189) Supports: part 17 repealed and reenacted Jan 1, 2027 without § 6-1-1705.2.
- X.AI LLC v. Weiser, D. Colo. 1:26-cv-01515 (docket, Justia) Supports: Apr 27, 2026 order pausing enforcement; United States intervention.