Bill Text: TX HB1265 | 2025-2026 | 89th Legislature | Introduced
Bill Title: Relating to artificial intelligence mental health services.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2024-11-13 - Filed [HB1265 Detail]
Download: Texas-2025-HB1265-Introduced.html
| 89R5890 EAS-F | ||
| By: Schatzline | H.B. No. 1265 | |
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| 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. | ||
