Texas 2023 - 88th Regular

Texas House Bill HB4695 Compare Versions

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1	1	88R14274 EAS-F
2	2	By: Jetton H.B. No. 4695
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the provision of artificial intelligence mental health
8	8	services.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subtitle E, Title 7, Health and Safety Code, is
11	11	amended by adding Chapter 616 to read as follows:
12	12	CHAPTER 616. PROVISION OF ARTIFICIAL INTELLIGENCE MENTAL HEALTH
13	13	SERVICES
14	14	Sec. 616.001. DEFINITIONS. In this chapter:
15	15	(1) "Artificial intelligence mental health services"
16	16	means the use of artificial intelligence technology to provide
17	17	counseling, therapy, or other mental health services.
18	18	(2) "Artificial intelligence technology" means
19	19	computer software that is designed to simulate human intelligence
20	20	through machine learning and perform tasks that would normally
21	21	require human involvement.
22	22	(3) "Licensed mental health professional" means an
23	23	individual licensed by this state to provide counseling, therapy,
24	24	or other mental health services, including:
25	25	(A) a physician licensed under Subtitle B, Title
26	26	3, Occupations Code, who specializes in psychiatry;
27	27	(B) a psychologist licensed under Chapter 501,
28	28	Occupations Code;
29	29	(C) a marriage and family therapist licensed
30	30	under Chapter 502, Occupations Code;
31	31	(D) a licensed professional counselor licensed
32	32	under Chapter 503, Occupations Code; and
33	33	(E) a social worker licensed under Chapter 505,
34	34	Occupations Code.
35	35	Sec. 616.002. REQUIREMENTS FOR ARTIFICIAL INTELLIGENCE
36	36	MENTAL HEALTH SERVICES. (a) A person may not provide artificial
37	37	intelligence mental health services to another person in this state
38	38	unless:
39	39	(1) the artificial intelligence technology
40	40	application through which the services are provided is an
41	41	application approved by the commission under Section 616.003; and
42	42	(2) the person providing the services is a licensed
43	43	mental health professional or a person that makes a licensed mental
44	44	health professional available at all times to each person who
45	45	receives services through the artificial intelligence technology.
46	46	(b) The licensed mental health professional described by
47	47	Subsection (a) must:
48	48	(1) be available to review the progress of a person
49	49	receiving the services;
50	50	(2) be available to communicate directly with a person
51	51	receiving the services if needed; and
52	52	(3) intervene in the provision of artificial
53	53	intelligence mental health services if the person receiving
54	54	services is:
55	55	(A) threatening harm to self or others; or
56	56	(B) reporting abuse or neglect of a child.
57	57	(c) A person who offers artificial intelligence mental
58	58	health services shall:
59	59	(1) clearly advise all persons who may use the
60	60	services that the services would be provided through artificial
61	61	intelligence technology; and
62	62	(2) obtain a person's informed consent before the
63	63	person receives artificial intelligence mental health services.
64	64	Sec. 616.003. TESTING AND APPROVAL REQUIRED. (a)
65	65	Notwithstanding Section 616.002, a licensed mental health
66	66	professional may provide artificial intelligence mental health
67	67	services only to a person who has agreed to receive the services for
68	68	purposes of testing an artificial intelligence technology as
69	69	indicated by the person's signing a specialized informed consent
70	70	document that demonstrates that the person understands the nature
71	71	of the testing and agrees to:
72	72	(1) receive artificial intelligence mental health
73	73	services that are in active development and have not been
74	74	demonstrated to be both competent and safe; and
75	75	(2) release the artificial intelligence mental health
76	76	services provider from all liability associated with the artificial
77	77	intelligence mental health services provided during testing.
78	78	(b) An artificial intelligence technology application may
79	79	not be considered to have completed its testing until the results of
80	80	testing demonstrate that the application shows competency and
81	81	safety in the application's provision of artificial intelligence
82	82	mental health services.
83	83	(c) Following a request for approval of an artificial
84	84	intelligence technology application to provide mental health
85	85	services, the commission shall evaluate the results of the
86	86	application's testing and issue an order approving or disapproving
87	87	of the application's use in providing artificial intelligence
88	88	mental health services in this state.
89	89	(d) The commission shall make publicly available on its
90	90	Internet website the results of each artificial intelligence
91	91	technology application's testing that has been submitted to the
92	92	commission with a request for approval.
93	93	Sec. 616.004. ETHICS AND STANDARDS FOR ARTIFICIAL
94	94	INTELLIGENCE MENTAL HEALTH SERVICES. (a) The provision of
95	95	artificial intelligence mental health services must be guided by
96	96	the ethical principles and standards that apply to a licensed
97	97	mental health professional in this state in providing the services
98	98	without the use of an artificial intelligence technology.
99	99	(b) A person who provides artificial intelligence mental
100	100	health services may not discriminate against an individual on the
101	101	basis of race, ethnicity, gender, sexual orientation, or any other
102	102	characteristic.
103	103	Sec. 616.005. STATE REGULATORY AUTHORITY; DISCIPLINARY
104	104	ACTION. (a) The appropriate state regulatory authority for the
105	105	provision of counseling, therapy, or other mental health services
106	106	must recognize as authorized by this state the artificial
107	107	intelligence mental health services that are provided through an
108	108	artificial intelligence technology that has been approved under
109	109	this chapter.
110	110	(b) A person providing artificial intelligence mental
111	111	health services must comply with the standards regarding
112	112	professional ethics to which a licensed mental health professional
113	113	providing the service would be held for providing the service
114	114	without the use of an artificial intelligence technology.
115	115	(c) A person who provides artificial intelligence mental
116	116	health services and who violates a provision of a professional
117	117	licensing statute that would be applicable to a licensed mental
118	118	health professional providing the service is subject to
119	119	disciplinary action as provided by that licensing statute
120	120	regardless of whether the person is licensed under that statute.
121	121	Sec. 616.006. REPORTING. A person who provides artificial
122	122	intelligence mental health services shall maintain records of the
123	123	person's provision of the services in the same manner required by
124	124	the professional licensing statute that would be applicable to a
125	125	licensed mental health professional providing the service.
126	126	Sec. 616.007. RULES. The executive commissioner shall
127	127	adopt rules necessary to implement this chapter.
128	128	SECTION 2. This Act takes effect September 1, 2023.