State legislatures are moving faster than Congress on AI in healthcare.
At least four states have enacted laws that directly govern how health systems must disclose or limit AI use in clinical care, and dozens more bills are advancing in 2026.
Here is a look at these laws:
Texas
The Texas Responsible Artificial Intelligence Governance Act is one of the most far-reaching clinical AI laws enacted to date. Under TRAIGA, healthcare providers must give patients or their personal representatives conspicuous written disclosure whenever an AI system is used in diagnosis or treatment. That disclosure must occur before or at the time of the clinical interaction, with a narrow exception for emergencies. In those cases, disclosure must follow as soon as reasonably practicable.
Illinois
Illinois took a two-pronged approach. HB 1806 requires healthcare providers to notify patients when AI is used in their care and, in some cases, obtain explicit consent. Separately, the Wellness and Oversight for Psychological Resources Act bars licensed professionals from allowing AI to make independent therapeutic decisions, directly interact with patients in therapeutic communications or generate treatment recommendations without licensed professional review.
California
California continued building on its existing AB 3030 and SB 1120 framework with two additional laws that took effect at the start of 2026.
AB 489 prohibits developers and deployers of AI systems from using terms, letters, phrases or design elements that imply the AI possesses a healthcare license.
SB 243 imposes specific safety protocols on AI companion bots, requiring them to prevent harmful conversations, detect mental health crises and suicidal ideation, and establish guardrails for users younger than 18.
Maine
Maine’s HB 2082 limits licensed mental health professionals to using AI for administrative functions and limited supplementary purposes. The law expressly bars providers from using AI to make therapeutic communications, render treatment decisions or independently interact with patients. It also requires patient consent before using ambient listening or other AI-powered recording tools.
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