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.