AI Therapy Testers Sign Away All Liability Under Schatzline Bill

The text as introduced · 826 words

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.