Bill Text: TX HB4695 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to the provision of artificial intelligence mental health services.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2023-03-22 - Referred to Public Health [HB4695 Detail]
Download: Texas-2023-HB4695-Introduced.html
88R14274 EAS-F | ||
By: Jetton | H.B. No. 4695 |
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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. |