Key point: Tennessee’s new law prohibits parties that develop or deploy AI systems from advertising or representing to the public that the AI systems can act as a qualified mental health professional. 

On April 1, 2026, Tennessee Governor Bill Lee signed SB 1580 into law, and it will go into effect on July 1, 2026. The new law is short — less than one page — but has potentially significant consequences given that it includes a private right of action.

In the following post, we provide an overview of the new law.

New Requirement. The law states that “[a] person who develops or deploys an artificial intelligence system shall not advertise or represent to the public that such system is or is able to act as a qualified mental health professional.”

Key definitions – “Artificial intelligence” and “qualified mental health professional.” 

• Artificial intelligence.  The law defines artificial intelligence (AI) to mean “models and systems capable of performing functions generally associated with human intelligence, including reasoning and learning.”

• Qualified mental health professional.  The law does not define “qualified mental health professional.” However, the law amends Tennessee’s existing Title 33, which defines that term to mean:

A person who is licensed in the state, if required for the profession, and who is a psychiatrist; physician with expertise in psychiatry as determined by training, education, or experience; psychologist with health service provider designation; psychological examiner or senior psychological examiner; licensed master’s social worker with two (2) years of mental health experience or licensed clinical social worker; marital and family therapist; nurse with a master’s degree in nursing who functions as a psychiatric nurse; professional counselor; or if the person is providing service to service recipients who are children, any of the above educational credentials plus mental health experience with children.

Law includes a private right of action. The law is enforceable through the Tennessee Consumer Protection Act of 1977, with a violation subject to a civil penalty of no more than $5,000 per violation. According to the bill summary, this includes a private right of action:

A violation constitutes a violation of the Tennessee Consumer Protection Act of 1977 and an unfair or deceptive act or practice affecting trade or commerce, and is subject to the penalties and remedies provided in such Act, which includes, but is not limited to, restraining orders, injunctions, private rights of action, and damages.  

Rationale for the new law (and others under consideration). During the Senate Health and Welfare Committee hearing on the bill, the bill sponsor, Senator Page Walley, explained that the bill is intended to make clear that only humans can act as qualified mental health professionals. However, during the hearing, Senator Bo Watson raised a concern that the bill could be read to independently apply to developers of AI systems since the bill says “develops or deploys.” He also argued that the language could stifle innovation. Later in the hearing, Walley stated the bill still allows qualified mental health professionals to use AI. Tennessee lawmakers are also considering companion bills (SB 1493 / HB 1455) that would make it a felony to knowingly train AI to encourage the act of suicide or criminal homicide.

Our final thought. Ultimately, businesses that develop or deploy AI products in any proximity to the mental health space will want to take steps to ensure that they do not unintentionally trigger the law, especially in light of its private right of action.