| |
| |
|
|
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. |