88R14274 EAS-F
By: Jetton H.B. No. 4695
A BILL TO BE ENTITLED
AN ACT
relating to the provision of 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. PROVISION OF ARTIFICIAL INTELLIGENCE MENTAL HEALTH
SERVICES
Sec. 616.001. DEFINITIONS. In this chapter:
(1) "Artificial intelligence mental health services"
means the use of artificial intelligence technology to provide
counseling, therapy, or other mental health services.
(2) "Artificial intelligence technology" means
computer software that is designed to simulate human intelligence
through machine learning and perform tasks that would normally
require human involvement.
(3) "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 ARTIFICIAL INTELLIGENCE
MENTAL HEALTH SERVICES. (a) A person may not provide artificial
intelligence mental health services to another person in this state
unless:
(1) the artificial intelligence technology
application through which the services are provided is an
application approved by the commission under Section 616.003; and
(2) the person providing the services is a licensed
mental health professional or a person that makes a licensed mental
health professional available at all times to each person who
receives services through the artificial intelligence technology.
(b) The licensed mental health professional described by
Subsection (a) must:
(1) be available to review the progress of a person
receiving the services;
(2) be available to communicate directly with a person
receiving the services if needed; and
(3) intervene in the provision of artificial
intelligence mental health services if the person receiving
services 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 all persons who may use the
services that the services would be provided through artificial
intelligence technology; and
(2) obtain a person's informed consent before the
person receives artificial intelligence mental health services.
Sec. 616.003. TESTING AND APPROVAL REQUIRED. (a)
Notwithstanding Section 616.002, a licensed mental health
professional may provide artificial intelligence mental health
services only to a person who has agreed to receive the services for
purposes of testing an artificial intelligence technology as
indicated by the person's signing a specialized informed consent
document that demonstrates that the person understands the nature
of the testing and agrees to:
(1) receive artificial intelligence mental health
services that are in active development and have not been
demonstrated to be both 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 technology application may
not be considered to have completed its testing until the results of
testing demonstrate that the application shows competency and
safety in the application's provision of artificial intelligence
mental health services.
(c) Following a request for approval of an artificial
intelligence technology application to provide mental health
services, the commission shall evaluate the results of the
application's testing and issue an order approving or disapproving
of the application's use in providing artificial intelligence
mental health services in this state.
(d) The commission shall make publicly available on its
Internet website the results of each artificial intelligence
technology application's testing that has been submitted to the
commission with a request for approval.
Sec. 616.004. ETHICS AND STANDARDS FOR ARTIFICIAL
INTELLIGENCE MENTAL HEALTH SERVICES. (a) The provision of
artificial intelligence mental health services must be guided by
the ethical principles and standards that apply to a licensed
mental health professional in this state in providing the services
without the use of an artificial intelligence technology.
(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 REGULATORY AUTHORITY; DISCIPLINARY
ACTION. (a) The appropriate state regulatory authority for the
provision of counseling, therapy, or other mental health services
must recognize as authorized by this state the artificial
intelligence mental health services that are provided through an
artificial intelligence technology that has been approved under
this chapter.
(b) A person providing artificial intelligence mental
health services must comply with the standards regarding
professional ethics to which a licensed mental health professional
providing the service would be held for providing the service
without the use of an artificial intelligence technology.
(c) A person who provides artificial intelligence mental
health services and who violates a provision of a professional
licensing statute that would be applicable to a licensed mental
health professional providing the service is subject to
disciplinary action as provided by that licensing 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 required by
the professional licensing statute that would be applicable to a
licensed mental health professional providing the service.
Sec. 616.007. RULES. The executive commissioner shall
adopt rules necessary to implement this chapter.
SECTION 2. This Act takes effect September 1, 2023.