HB1265 - Relating to artificial intelligence mental health services.

  89R5890 EAS-F     By: Schatzline H.B. No. 1265       A BILL TO BE ENTITLED   AN ACT   relating to artificial intelligence mental health services.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subtitle E, Title 7, Health and Safety Code, is   amended by adding Chapter 616 to read as follows:   CHAPTER   616.     ARTIFICIAL INTELLIGENCE MENTAL HEALTH SERVICES           Sec. 616.001.  DEFINITIONS. In this chapter:                 (1)     "Artificial intelligence" means computer software   designed to simulate human intelligence through machine learning   and perform tasks normally requiring human involvement.                 (2)     "Artificial intelligence mental health services"   means counseling, therapy, or other mental health services provided   through the use of artificial intelligence.                 (3)     "Commission"   means the Health and Human Services   Commission.                 (4)     "Executive commissioner"   means the executive   commissioner of the commission.                 (5)     "Licensed mental health professional" means an   individual licensed by this state to provide counseling, therapy,   or other mental health services, including:                       (A)     a physician licensed under Subtitle B, Title   3, Occupations Code, who specializes in psychiatry;                       (B)     a psychologist licensed under Chapter 501,   Occupations Code;                       (C)     a marriage and family therapist licensed   under Chapter 502, Occupations Code;                       (D)     a licensed professional counselor licensed   under Chapter 503, Occupations Code; and                       (E)     a social worker licensed under Chapter 505,   Occupations Code.           Sec.   616.002.     REQUIREMENTS FOR PROVISION OF ARTIFICIAL   INTELLIGENCE MENTAL HEALTH SERVICES. (a)   A person may not provide   artificial intelligence mental health services to an individual in   this state unless:                 (1)     the artificial intelligence application through   which the services are provided is commission-approved under   Section 616.003; and                 (2)     the person providing the services is a licensed   mental health professional or a person who ensures a licensed   mental health professional is available at all times to each   individual receiving services through artificial intelligence.           (b)     The licensed mental health professional described by   Subsection (a) must:                 (1)     be available to review the progress of an   individual receiving artificial intelligence mental health   services;                 (2)     be available to communicate directly as needed   with the individual; and                 (3)     intervene in the provision of the services if the   individual is:                       (A)  threatening harm to self or others; or                       (B)  reporting abuse or neglect of a child.           (c)     A person who offers artificial intelligence mental   health services shall:                 (1)     clearly advise each individual who may use the   services that the services are provided through artificial   intelligence; and                 (2)     obtain the individual's informed consent before   the individual receives the services.           Sec.   616.003.     REQUIRED TESTING AND APPROVAL. (a)     Notwithstanding Section 616.002, a licensed mental health   professional may provide artificial intelligence mental health   services only to an individual who has agreed to receive the   services for purposes of testing an artificial intelligence   application as indicated by the individual signing an informed   consent document acknowledging the individual understands the   nature of the testing and agrees to:                 (1)     receive artificial intelligence mental health   services through an application in active development that has not   been demonstrated to be competent and safe; and                 (2)     release the artificial intelligence mental health   services provider from all liability associated with the artificial   intelligence mental health services provided during testing.           (b)     An artificial intelligence application may only be   considered to have successfully completed testing after the testing   results demonstrate competency and safety in the application's   provision of artificial intelligence mental health services.           (c)     Following a request for approval of an artificial   intelligence application to provide mental health services, the   commission shall evaluate the application's testing results and   issue an order approving or disapproving the application's use in   providing artificial intelligence mental health services in this   state.           (d)     The commission shall post on its Internet website the   testing results of each artificial intelligence application   submitted to the commission for testing.           Sec.   616.004.     ETHICS AND STANDARDS FOR ARTIFICIAL   INTELLIGENCE MENTAL HEALTH SERVICES. (a)   A licensed mental health   professional in this state who provides artificial intelligence   mental health services shall be guided by the ethical principles   and standards applicable in the provision of mental health services   without the use of artificial intelligence.           (b)     A person who provides artificial intelligence mental   health services may not discriminate against an individual on the   basis of race, ethnicity, gender, sexual orientation, or any other   characteristic.           Sec.   616.005.     STATE AGENCY REGULATORY AUTHORITY;   DISCIPLINARY ACTION.   (a)   Each state agency regulating the   provision of counseling, therapy, or other mental health services   shall recognize as authorized by this state the artificial   intelligence mental health services provided through an artificial   intelligence application approved under this chapter.           (b)     A person providing artificial intelligence mental   health services who violates an applicable provision of a   professional licensing statute is subject to disciplinary action as   provided by that statute regardless of whether the person is   licensed under that statute.           Sec.   616.006.     REPORTING. A person who provides artificial   intelligence mental health services shall maintain records of the   person's provision of the services in the same manner as required by   the applicable professional licensing statute.           Sec.   616.007.     RULES. The executive commissioner shall   adopt rules necessary to implement this chapter.          SECTION 2.  This Act takes effect September 1, 2025.