Texas 2025 - 89th Regular

Texas House Bill HB1265 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R5890 EAS-F
2	2	By: Schatzline H.B. No. 1265
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to artificial intelligence mental health services.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subtitle E, Title 7, Health and Safety Code, is
12	12	amended by adding Chapter 616 to read as follows:
13	13	CHAPTER 616. ARTIFICIAL INTELLIGENCE MENTAL HEALTH SERVICES
14	14	Sec. 616.001. DEFINITIONS. In this chapter:
15	15	(1) "Artificial intelligence" means computer software
16	16	designed to simulate human intelligence through machine learning
17	17	and perform tasks normally requiring human involvement.
18	18	(2) "Artificial intelligence mental health services"
19	19	means counseling, therapy, or other mental health services provided
20	20	through the use of artificial intelligence.
21	21	(3) "Commission" means the Health and Human Services
22	22	Commission.
23	23	(4) "Executive commissioner" means the executive
24	24	commissioner of the commission.
25	25	(5) "Licensed mental health professional" means an
26	26	individual licensed by this state to provide counseling, therapy,
27	27	or other mental health services, including:
28	28	(A) a physician licensed under Subtitle B, Title
29	29	3, Occupations Code, who specializes in psychiatry;
30	30	(B) a psychologist licensed under Chapter 501,
31	31	Occupations Code;
32	32	(C) a marriage and family therapist licensed
33	33	under Chapter 502, Occupations Code;
34	34	(D) a licensed professional counselor licensed
35	35	under Chapter 503, Occupations Code; and
36	36	(E) a social worker licensed under Chapter 505,
37	37	Occupations Code.
38	38	Sec. 616.002. REQUIREMENTS FOR PROVISION OF ARTIFICIAL
39	39	INTELLIGENCE MENTAL HEALTH SERVICES. (a) A person may not provide
40	40	artificial intelligence mental health services to an individual in
41	41	this state unless:
42	42	(1) the artificial intelligence application through
43	43	which the services are provided is commission-approved under
44	44	Section 616.003; and
45	45	(2) the person providing the services is a licensed
46	46	mental health professional or a person who ensures a licensed
47	47	mental health professional is available at all times to each
48	48	individual receiving services through artificial intelligence.
49	49	(b) The licensed mental health professional described by
50	50	Subsection (a) must:
51	51	(1) be available to review the progress of an
52	52	individual receiving artificial intelligence mental health
53	53	services;
54	54	(2) be available to communicate directly as needed
55	55	with the individual; and
56	56	(3) intervene in the provision of the services if the
57	57	individual is:
58	58	(A) threatening harm to self or others; or
59	59	(B) reporting abuse or neglect of a child.
60	60	(c) A person who offers artificial intelligence mental
61	61	health services shall:
62	62	(1) clearly advise each individual who may use the
63	63	services that the services are provided through artificial
64	64	intelligence; and
65	65	(2) obtain the individual's informed consent before
66	66	the individual receives the services.
67	67	Sec. 616.003. REQUIRED TESTING AND APPROVAL. (a)
68	68	Notwithstanding Section 616.002, a licensed mental health
69	69	professional may provide artificial intelligence mental health
70	70	services only to an individual who has agreed to receive the
71	71	services for purposes of testing an artificial intelligence
72	72	application as indicated by the individual signing an informed
73	73	consent document acknowledging the individual understands the
74	74	nature of the testing and agrees to:
75	75	(1) receive artificial intelligence mental health
76	76	services through an application in active development that has not
77	77	been demonstrated to be competent and safe; and
78	78	(2) release the artificial intelligence mental health
79	79	services provider from all liability associated with the artificial
80	80	intelligence mental health services provided during testing.
81	81	(b) An artificial intelligence application may only be
82	82	considered to have successfully completed testing after the testing
83	83	results demonstrate competency and safety in the application's
84	84	provision of artificial intelligence mental health services.
85	85	(c) Following a request for approval of an artificial
86	86	intelligence application to provide mental health services, the
87	87	commission shall evaluate the application's testing results and
88	88	issue an order approving or disapproving the application's use in
89	89	providing artificial intelligence mental health services in this
90	90	state.
91	91	(d) The commission shall post on its Internet website the
92	92	testing results of each artificial intelligence application
93	93	submitted to the commission for testing.
94	94	Sec. 616.004. ETHICS AND STANDARDS FOR ARTIFICIAL
95	95	INTELLIGENCE MENTAL HEALTH SERVICES. (a) A licensed mental health
96	96	professional in this state who provides artificial intelligence
97	97	mental health services shall be guided by the ethical principles
98	98	and standards applicable in the provision of mental health services
99	99	without the use of artificial intelligence.
100	100	(b) A person who provides artificial intelligence mental
101	101	health services may not discriminate against an individual on the
102	102	basis of race, ethnicity, gender, sexual orientation, or any other
103	103	characteristic.
104	104	Sec. 616.005. STATE AGENCY REGULATORY AUTHORITY;
105	105	DISCIPLINARY ACTION. (a) Each state agency regulating the
106	106	provision of counseling, therapy, or other mental health services
107	107	shall recognize as authorized by this state the artificial
108	108	intelligence mental health services provided through an artificial
109	109	intelligence application approved under this chapter.
110	110	(b) A person providing artificial intelligence mental
111	111	health services who violates an applicable provision of a
112	112	professional licensing statute is subject to disciplinary action as
113	113	provided by that statute regardless of whether the person is
114	114	licensed under that statute.
115	115	Sec. 616.006. REPORTING. A person who provides artificial
116	116	intelligence mental health services shall maintain records of the
117	117	person's provision of the services in the same manner as required by
118	118	the applicable professional licensing statute.
119	119	Sec. 616.007. RULES. The executive commissioner shall
120	120	adopt rules necessary to implement this chapter.
121	121	SECTION 2. This Act takes effect September 1, 2025.