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AI in Behavioral Health: What Clinicians May Still Delegate — and Who Is Liable for the Tool

State AI statutes now reach behavioral health practice, and a consent checkbox will not survive a board complaint. Learn to map permitted versus prohibited AI uses, draft jurisdiction-aware consent records, and advise clinicians practicing across conflicting state regimes.

2026-10-06 12:00:00

Program Details

2026-10-06 12:00:00

2026-10-06 12:00:00

2h CLE Credits

2026-10-06 12:00:00

Program Details

2026-10-06 12:00:00

Program Details

2026-10-06 12:00:00

Over 1,000+ webinars

2026-10-06 12:00:00

Course Overview

The Consent Checkbox Your Clients Are Using Will Not Survive a Board Complaint

2026-10-06 12:00:00

State legislatures and licensing boards are now regulating artificial intelligence inside behavioral health practice. Illinois, Nevada, Colorado, and Maine have enacted statutes, and three regulatory models have emerged: prohibition, disclosure and safe harbor, and crisis detection. Colorado’s layered framework turns on how it defines therapeutic communication, and that definition matters well beyond Colorado.

The exposure is already concrete. Rely on a general intake disclosure and the consent fails under state AI statutes and wiretap law. Treat an ambient scribe as purely administrative and the tool crosses into therapeutic communication. Miss a state’s explicit written consent requirement and civil penalties attach. Assume malpractice coverage extends to AI-assisted documentation and the gap surfaces after the complaint arrives.

Attendees walk out with a taxonomy of permitted and prohibited AI functions, a jurisdiction-aware consent drafting checklist covering Illinois, Texas, Nevada, New York, and pending California law, and a compliance advising approach for clients operating across multiple states or in unsettled regulatory environments.

Format

CLE Credit

2h CLE Credits

Level

Intermediate

Length

2

Key topics that will be covered

01
Three Regulatory Models
How prohibition, disclosure and safe harbor, and crisis detection statutes each change what you advise.
02
The Permitted Line
Where administrative AI ends and Colorado’s definition of therapeutic communication begins.
03
Gray-Zone AI Uses
How to counsel a clinician using ambient note-taking, treatment plan drafts, or psychoeducation chatbots today.
04
HIPAA and Vendor Duties
What privacy and vendor-contract obligations attach when a clinician adopts an AI documentation tool.
05
Consent That Holds
What a standalone, revocable consent record must contain to survive a board complaint or civil suit.
06
State Rules and Enforcement
Which states require explicit written AI consent, what penalties attach, and where enforcement is coming from.

Program schedule

clock 12:00 pm - 1:00 pm EST

Advising Behavioral Health Clinicians on Which AI Uses Remain Permitted

This session maps the rapidly fracturing state regulatory landscape governing AI use in behavioral health practice, equipping attorneys to advise clinicians on which AI functions are legally permitted, which are prohibited, and which occupy genuinely unsettled gray zones. Drawing on enacted statutes in Illinois, Nevada, Colorado, Maine, and other jurisdictions alongside APA and ACA ethical guidance, attendees will learn to identify the permitted-versus-prohibited line across the three dominant regulatory models and apply that framework to common AI tools clinicians are already using. Attorneys will leave with a working taxonomy of permitted administrative AI uses, a clear picture of prohibited clinical AI uses, and a practical compliance advising approach for clients operating in multi-state or unsettled regulatory environments.

Harry J. NelsonHarry J. Nelson
Adella KatzAdella Katz
clock 1:10 pm - 2:10 pm EST

Building the AI Consent Record That Survives a Board Complaint

This session equips behavioral health attorneys and clinicians with the consent architecture required to withstand a licensing board complaint or civil lawsuit arising from AI-assisted documentation. Attendees will learn the specific legal elements a consent record must contain under Illinois, Texas, Nevada, New York, and pending California law, why a checkbox or general intake disclosure is legally insufficient, and how to build a standalone, revocable, jurisdiction-aware consent document that reflects current litigation trends. Attorneys leave with a practitioner checklist grounded in the 2025–2026 ambient-scribe litigation wave and APA ethical guidance.

Harry J. NelsonHarry J. Nelson
Adella KatzAdella Katz
Harry J. Nelson

Harry J. Nelson

Leech Tishman

Adella Katz

Adella Katz

Leech Tishman

Harry J. Nelson

Harry J. Nelson

Leech Tishman

Harry Nelson, one of the most recognized healthcare lawyers in America, chairs the Healthcare practice group at Leech Tishman. He is, among multiple books, the author of Digital Diagnosis: The AI Revolution in Healthcare and the Future of Regulation (2026). In addition to his legal work advising healthcare and life science organizations on regulatory challenges, Harry teaches on healthcare policy and regulatory issues as an adjunct clinical assistant professor at the USC Keck School of Medicine.

Education & Credentials

Mr. Nelson earned his Juris Doctor cum laude from the University of Michigan, where he also completed his A.B. with high distinction. He is admitted to practice in California, Arizona, Texas, Pennsylvania, Illinois, and Hawaii.

Recognition & Leadership

Mr. Nelson holds an AV Preeminent rating from Martindale-Hubbell and has been named a Best Lawyer in Healthcare Law and in Administrative/Regulatory Law every year since 2010, as well as a Southern California Super Lawyer. Chambers USA ranks him Band 5 for Healthcare in California. The Daily Journal named him a Top Healthcare Lawyer in California in 2019, and Law.com recognized him as a Distinguished Leader at the 2026 California Legal Awards.

Professional Involvement

Mr. Nelson founded and chairs the National Behavioral Health Association of Providers. He belongs to the California Society of Healthcare Attorneys, the Healthcare Section of the Los Angeles County Bar Association, and the California Academy of Attorneys for Healthcare Professionals, and he has been a Fellow of the American Bar Foundation since 2019. He serves on the boards of Compliagent and Adaptive Health Capital and was a volunteer instructor for the Medical Board of California from 2017 to 2019.

Experience

Mr. Nelson has managed the organization of addiction treatment centers and designed their compliance programs, developed fraud and abuse guidelines for providers, and advised telehealth companies on regulatory strategy and Medicare compliance. He has defended clinical laboratories in FDA investigations, served as an expert witness in corporate practice of medicine cases, represented medical groups in Medicare overpayment reductions, and implemented corporate integrity agreements. He developed the C-ATM certification program for behavioral health marketing compliance and has presented to the American College of Healthcare Executives and the American Health Lawyers Association.
Adella Katz

Adella Katz

Leech Tishman

Adella Katz is an Associate in Leech Tishman’s Healthcare Practice Group, based in the firm’s Los Angeles office. Her practice covers healthcare regulatory compliance, government investigations, and corporate transactions, with industry work in beauty and wellness and in data privacy and cybersecurity. Her matters center on the corporate practice of medicine, healthcare privacy and data security, telehealth compliance, wound care, and the scope of practice and supervision rules that govern healthcare professionals. She speaks Russian.

Education & Credentials

Ms. Katz earned her Juris Doctor from LMU Loyola Law School and her Bachelor of Science in Healthcare Administration from California State University, Northridge. She is admitted to practice in California.

Recognition & Leadership

Southern California Super Lawyers Magazine named Ms. Katz a Rising Star in 2026. She practices within the Leech Tishman Healthcare Practice Group, which Chambers USA ranked Band 5 for Healthcare in California in 2026.

Professional Involvement

Ms. Katz is a member of the Women Lawyers Association of Los Angeles, the American Health Law Association, and the Health Law Section of the American Bar Association.

Experience

Ms. Katz came to private practice from the Medicare Advantage sector. She has conducted HIPAA compliance audits, drafted breach notification policies, and prepared CCPA compliance procedures. She has researched corporate practice of medicine restrictions across fourteen states, drafted healthcare contracts and physician agreements, and worked on oncology practice acquisitions. She advises emerging healthcare companies on nationwide expansion and the regulatory compliance that expansion requires.
Harry J. Nelson

Harry J. Nelson

Leech Tishman

Harry Nelson, one of the most recognized healthcare lawyers in America, chairs the Healthcare practice group at Leech Tishman. He is, among multiple books, the author of Digital Diagnosis: The AI Revolution in Healthcare and the Future of Regulation (2026). In addition to his legal work advising healthcare and life science organizations on regulatory challenges, Harry teaches on healthcare policy and regulatory issues as an adjunct clinical assistant professor at the USC Keck School of Medicine.

Education & Credentials

Mr. Nelson earned his Juris Doctor cum laude from the University of Michigan, where he also completed his A.B. with high distinction. He is admitted to practice in California, Arizona, Texas, Pennsylvania, Illinois, and Hawaii.

Recognition & Leadership

Mr. Nelson holds an AV Preeminent rating from Martindale-Hubbell and has been named a Best Lawyer in Healthcare Law and in Administrative/Regulatory Law every year since 2010, as well as a Southern California Super Lawyer. Chambers USA ranks him Band 5 for Healthcare in California. The Daily Journal named him a Top Healthcare Lawyer in California in 2019, and Law.com recognized him as a Distinguished Leader at the 2026 California Legal Awards.

Professional Involvement

Mr. Nelson founded and chairs the National Behavioral Health Association of Providers. He belongs to the California Society of Healthcare Attorneys, the Healthcare Section of the Los Angeles County Bar Association, and the California Academy of Attorneys for Healthcare Professionals, and he has been a Fellow of the American Bar Foundation since 2019. He serves on the boards of Compliagent and Adaptive Health Capital and was a volunteer instructor for the Medical Board of California from 2017 to 2019.

Experience

Mr. Nelson has managed the organization of addiction treatment centers and designed their compliance programs, developed fraud and abuse guidelines for providers, and advised telehealth companies on regulatory strategy and Medicare compliance. He has defended clinical laboratories in FDA investigations, served as an expert witness in corporate practice of medicine cases, represented medical groups in Medicare overpayment reductions, and implemented corporate integrity agreements. He developed the C-ATM certification program for behavioral health marketing compliance and has presented to the American College of Healthcare Executives and the American Health Lawyers Association.
Adella Katz

Adella Katz

Leech Tishman

Adella Katz is an Associate in Leech Tishman’s Healthcare Practice Group, based in the firm’s Los Angeles office. Her practice covers healthcare regulatory compliance, government investigations, and corporate transactions, with industry work in beauty and wellness and in data privacy and cybersecurity. Her matters center on the corporate practice of medicine, healthcare privacy and data security, telehealth compliance, wound care, and the scope of practice and supervision rules that govern healthcare professionals. She speaks Russian.

Education & Credentials

Ms. Katz earned her Juris Doctor from LMU Loyola Law School and her Bachelor of Science in Healthcare Administration from California State University, Northridge. She is admitted to practice in California.

Recognition & Leadership

Southern California Super Lawyers Magazine named Ms. Katz a Rising Star in 2026. She practices within the Leech Tishman Healthcare Practice Group, which Chambers USA ranked Band 5 for Healthcare in California in 2026.

Professional Involvement

Ms. Katz is a member of the Women Lawyers Association of Los Angeles, the American Health Law Association, and the Health Law Section of the American Bar Association.

Experience

Ms. Katz came to private practice from the Medicare Advantage sector. She has conducted HIPAA compliance audits, drafted breach notification policies, and prepared CCPA compliance procedures. She has researched corporate practice of medicine restrictions across fourteen states, drafted healthcare contracts and physician agreements, and worked on oncology practice acquisitions. She advises emerging healthcare companies on nationwide expansion and the regulatory compliance that expansion requires.

Credits by state

AK2.0
AL2.0
AR2.0
AZ2.0
CA2.0
CO2.0
CT2.0
DC2.0
DE2.0
FL2.0
GA2.0
HI2.0
IA2.0
ID2.0
IL2.0
IN2.0
KS2.0
KY2.0
LA2.0
MA2.0
MD2.0
ME2.0
MI2.0
MN2.0
MO2.4
MS2.0
MT2.0
NC2.0
ND2.0
NE2.0
NH120.0
NJ2.0
NM2.0
NV2.0
NY2.0
OH2.0
OK2.5
OR2.0
PA2.0
RI2.5
SC2.0
SD2.0
TN2.0
TX2.0
UT2.0
VA2.0
VT2.0
WA2.0
WI2.0
WV2.4
WY2.0

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

10,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

MCLE Credits

Alabama
Pending
Alaska
Approved
Arizona
Approved
Arkansas
Approved
California
Approved
Colorado
Pending
Connecticut
Approved
Delaware
Pending
District of Columbia
No Required
Florida
Approved
Georgia
Pending
Hawaii
Approved
Idaho
Pending
Illinois
Pending
Indiana
Pending
Iowa
Pending
Kansas
Pending
Kentucky
Pending
Louisiana
Pending
Maine
Pending
Maryland
No Required
Massachusetts
No Required
Michigan
No Required
Minnesota
Pending
Mississippi
Pending
Missouri
Approved
Montana
Pending
Nebraska
Pending
Nevada
Pending
New Hampshire
Approved
New Jersey
Approved
New Mexico
Approved
New York
Approved
North Carolina
Pending
North Dakota
Approved
Ohio
Pending
Oklahoma
Pending
Oregon
Pending
Pennsylvania
Approved
Rhode Island
Pending
South Carolina
Pending
South Dakota
No Required
Tennessee
Pending
Texas
Approved
Utah
Pending
Vermont
Approved
Virginia
Not Eligible
Washington
Approved
West Virginia
Pending
Wisconsin
Pending
Wyoming
Pending

Alabama

Requirements

The Alabama State Bar MCLE Commission requires attorneys to complete 12 credits, including 1 ethics, by December 31 of each year. All credits must be reported by February 15 of the following year. A maximum of 12 credits, including 1 ethics credit, may be carried over for 1 year only.  

Formats

  • Attorneys can earn unlimited “live” credit through live seminars, live webcasts, and co-sponsored locations with MyLAWCLE-Alabama approved programs
  • Attorneys are limited to 6 credits per compliance period of “online” programs through MyLAwCLE On-Demand programs