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The Coaching Times

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The Argument

States Are Drawing a Hard Legal Line Around the Word 'Therapy.' Mindset Coaches Should Read It.

The new wave of AI therapy laws was written to stop chatbots. Several of them are worded broadly enough to reach a coach's sales page.

The Room·September 10, 2026·3 min read
A coaching website open on a laptop beside a printed statute and a red marker on a kitchen table.

Read the AI therapy bans that swept through statehouses this year and you notice something the headlines mostly missed: a lot of them never say the word "chatbot" in the operative sentence.

They say "individual, corporation, or entity."

Five states enacted laws restricting AI therapy chatbots in 2026, joining Illinois and Nevada, which passed similar measures last year — and the bans largely rely on states' authority to license mental health professionals. The 2026 group: Colorado, Maine, Rhode Island, Tennessee and Vermont.

That licensing hook is the whole story for coaches. These aren't technology rules with a technology-shaped scope. They're scope-of-practice rules, and scope-of-practice rules don't care whether the thing on the other side of the conversation is software or a human with a Calendly link.

The sentence to actually read

Illinois went first, in August 2025. Its law prohibits individuals, corporations and other entities from providing, advertising, or offering therapy or psychotherapy services in Illinois, including through the use of internet-based AI, unless the services are performed by licensed professionals.

"Including through the use of AI." Not limited to.

Rhode Island copied the structure in June. Its Oversight of AI in Mental Health Care Act prohibits any individual or business from providing, advertising, or otherwise offering therapy or psychotherapy services in the state unless they are conducted by a licensed professional or provider.

In Maine, offering therapy via AI without a licensed professional is an unfair trade practice under state law — which matters because unfair trade practice statutes are consumer-protection tools, and consumer-protection tools follow marketing claims.

The money: Illinois violations carry civil penalties of up to $10,000 per violation. Nevada's AB 406 reaches civil penalties of up to $15,000 per violation, and it also bars unlicensed individuals from claiming to offer such services.

Who is actually covered

Narrower than panic suggests. As of July 20, 2026, four states — Illinois, Nevada, Rhode Island and Maine — prohibit AI from delivering therapy to the public, meaning therapy and psychotherapy may only be provided by a licensed professional in those states. No state bans wellness apps or personal use of a general chatbot.

The carve-outs are real too. Illinois' law does not apply to religious counseling, peer support, and self-help materials or educational resources available to the public that do not purport to offer therapy or psychotherapy services. Nevada similarly exempts advice and guidance materials for self-help, so long as they don't purport to offer professional mental or behavioral health care.

Notice what's doing the work in both: do not purport to offer. The exemption is decided by your copy.

What sits closest to the line

The risk isn't the coaching. It's the positioning.

Health care attorneys have been saying this for years, well before AI entered the conversation. Coaching services must avoid diagnostic or therapeutic language associated with mental health treatment to avoid violating licensing laws — terms like "depression" or "anxiety" may cross into therapy. The standard advice is blunt: avoid therapeutic claims in coaching marketing materials.

And the label on the tin doesn't decide it. Florida's mental health licensing statutes define the practice of psychotherapy and counseling broadly enough to include services a court or board might find effectively therapeutic, even if labeled coaching — if a client presents with mental health symptoms and the coach responds in ways that constitute assessment or treatment, regardless of what the relationship is called, it can be found to be unauthorized practice.

Titles are their own category. Nevada's law protects professional titles, barring an AI system from presenting itself with terms like therapist, psychotherapist, counselor, psychiatrist or doctor in a mental health context. The same words on a human's Instagram bio have always carried licensing exposure.

So the landing-page audit is short. Anything that names a condition. Anything that promises to heal, treat or resolve it. Anything borrowing a protected title. Anything that positions the program as a substitute for therapy — including the popular "like therapy, but actually useful" line that has been a hook in this industry for a decade.

Enforcement against coaches isn't the live trend yet; these laws were aimed at software, and that's where attention is. But the statutory language was written wide, the penalties are per-violation, and more states are lining up. Missouri's HB 2372 passed the House in April 2026 and is pending Senate action.

Sources

  1. 5 states restrict AI therapy chatbots in 2026Becker's Behavioral Health
  2. States have passed new laws this year regulating the use of AI in health careTransparency Coalition
  3. Which States Ban AI Therapy? 2026 MapPsychology.com
  4. New Illinois Law Restricts Use of AI in Mental Health TherapyHolland & Knight
  5. Nevada AI Therapy Ban (AB 406) ExplainedPsychology.com
  6. The New Regulatory Reality for AI in HealthcareFenwick
  7. Coaching and Counseling Across State LinesCohen Healthcare Law Group
  8. Coaching vs. Therapy: Why Mental Health Practices That Offer Both Must Keep the Services Clearly SeparatedLittle Health Law Blog
  9. AI Mental Health Laws by State 2026AI Laws by State
  10. NV AB406 bill detailBillTrack50
  11. 7 states curb AI therapy chatbotsDB Recovery Resources

Editor’s note: Half this industry writes therapy-adjacent copy without ever checking state licensing law. Seven states just made that copy considerably more expensive to get wrong.

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