Int 1048-2026

Int. No. 1048 By Council Members Maloney, Cabán, Restler, Brewer, Hanif and Morano A Local Law to amend the administrative code of the city of New York, in relation to requiring mental health service providers to disclose the use of artificial intelligence systems Be it enacted by the Council as follows: Section 1. Chapter 5 of title 20 of the administrative code of the city of New York is amended by adding a new subchapter 27 to read as follows: SUBCHAPTER 27 DISCLOSURE ON USE OF ARTIFICIAL INTELLIGENCE § 20-883 Definitions. For purposes of this subchapter, the following terms have the following meanings: Artificial intelligence. The term “artificial intelligence” has the same meaning as set forth in subsection (3) of section 9401 of title 15 of the United States code. Client. The term “client” means a person who receives or seeks to receive mental health services from a mental health service provider. Mental health condition. The term “mental health condition” means any mental health disorder as defined in the most recent edition of the diagnostic and statistical manual of mental disorders or the most recent edition of another generally recognized independent standard of current mental practice such as the international classification of diseases; Mental health service. The term “mental health service” means psychotherapy, counseling, behavioral health treatment, mental health assessment, or other services represented to persons as treatment or support for mental health conditions. Mental health service provider. The term “mental health service provider” means any person, partnership, corporation, limited liability company, professional practice, clinic, telehealth provider, or other business entity that provides mental health services for compensation and that is located within the city. § 20-884 Disclosure requirements. a. A mental health service provider that uses artificial intelligence in connection with the provision of mental health services shall provide to each client, prior to or at the commencement of services, a notice stating that such provider uses artificial intelligence in connection with client communications or in the administration or delivery of mental health services. Such notice shall additionally state whether client communications may be recorded, transcribed, summarized, analyzed, or processed by artificial intelligence and whether a third-party vendor may receive or process client information in connection with such use. b. The information required by subdivision a of this section shall be written in plain language, and provided in English and in the designated citywide languages. Such disclosure may be provided to clients electronically or in hard copy and shall be provided separate from any general terms of service or privacy policy. § 20-885 Data protection and confidentiality. No information that is required to be disclosed pursuant to this subchapter shall be disclosed in a manner that would violate any applicable provision of federal, state, or local law relating to the privacy of personal health information or other personally identifiable information, or any contract, or a business associate agreement required pursuant to the health insurance portability and accountability act of 1996. § 2. This local law takes effect 180 days after it becomes law. SOS LSR 21609 8/14/26 2pm