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- 83rd Session (2025)
Assembly Bill No. 406–Assemblymembers
Jackson and Nadeem
CHAPTER..........
AN ACT relating to health; prohibiting certain uses of artificial
intelligence in public schools; requiring the Department of
Education to develop a policy concerning certain uses of
artificial intelligence; imposing certain restrictions relating to
the marketing and programming of artificial intelligence
systems; prohibiting certain persons from representing
themselves as qualified to provide mental or behavioral
health care; imposing certain restrictions relating to the use of
artificial intelligence by providers of mental or behav ioral
health care; providing civil penalties; and providing other
matters properly relating thereto.
Legislative Counsel’s Digest:
Existing law prescribes the authority and duties of a school counselor, school
psychologist and school social worker. (NRS 391.293, 391.294, 391.296) Section 2
of this bill prohibits a public school from using artificial intelligence to perform the
functions and duties of a school counselor, school psychologist or school social
worker which relate to the mental health of pupils . Section 2 additionally requires
the Department of Education to develop a policy for the use of artificial intelligence
by such school employees while providing therapy, counseling or other mental or
behavioral health services to pupils . Section 2 requires th e policy to include a
method for the Department to examine the accuracy and efficacy of the use of
artificial intelligence for such purposes.
Existing law: (1) regulates the practice and requires the licensure of certain
mental health profess ionals, including psychiatrists, psychologists, marriage and
family therapists, clinical professional counselors, registered nurses, social workers,
alcohol and drug counselors and problem gambling counselors; and (2) prohibits
unlicensed persons from enga ging in the practices of those professions. (Chapters
630, 632, 633 and 641 -641C of NRS) Section 7 of this bill prohibits, with certain
exceptions, an artificial intelligence provider from offering to users in this State an
artificial intelligence system that is specifically programmed to provide a user with
a service or an experience that would constitute the practice of professional mental
or behavioral health care if provided by a natural person. Section 7 also prohibits,
with certain exceptions, an artificial intelligence provider or a natural person who is
not licensed to practice professional mental or behavioral health care from making
certain representations that would lead a person to believe that the provider, the
artificial intelligence system ope rated by the provider or the natural person is
capable of or qualified to provide mental or behavioral health care. Section 8 of this
bill imposes certain restrictions and prohibitions on the use of an artificial
intelligence system by a licensed provider of mental and behavioral health care.
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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. (Deleted by amendment.)
Sec. 2. Chapter 391 of NRS is hereby amended by adding
thereto a new section to read as follows:
1. A public school, including, without limitation, a charter
school or university school for profoundly gifted pupils, shall not
use artificial intelligence to perform the functions and duties of a
school counselor, school psychologist or sch ool social worker as
prescribed in NRS 391.293, 391.294 and 391.296, respectively,
which relate to the mental health of pupils.
2. The Department shall develop a policy for the use of
artificial intelligence by a school counselor, school psychologist,
school social worker or other educational personnel while
providing therapy, counseling or other mental or behavioral
health services to pupils . The policy developed pursuant to this
subsection must include , without limitation, a method for the
Department to examine the accuracy and efficacy of any artificial
intelligence used for such purposes. The Department may
collaborate with the Division of Public and Behavioral Health of
the Department of Health and Human Services in developing the
policy.
3. The provisions of subsection 1 do not prohibit a school
counselor, school psychologist, school social worker or other
educational personnel from using artificial intelligence in
accordance with the policy developed pursuant to subsection 2 or
to perform ta sks for administrative support, which may include,
without limitation:
(a) Scheduling;
(b) Managing records;
(c) Analyzing data for operational purposes; and
(d) Organizing, tracking and managing files or notes
pertaining to a pupil.
4. As used in th is section, “artificial intelligence” means a
machine-based system that, for any explicit or implicit objective,
infers from the inputs the system receives how to generate outputs,
including, without limitation, content, decisions, predictions or
recommendations, that can influence physical or virtual
environments.
Secs. 3-6. (Deleted by amendment.)
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Sec. 7. Chapter 433 of NRS is hereby amended by adding
thereto a new section to read as follows:
1. An artificial intelligence provider shall not make any
representation or statement or knowingly cause or program an
artificial intelligence system made available for use by a person in
this State to make any representation or statement that explicitly
or implicitly indicates that:
(a) The artificial intelligen ce system is capable of providing
professional mental or behavioral health care;
(b) A user of the artificial intelligence system may interact with
any feature of the artificial intelligence system which simulates
human conversation in order to obtain pro fessional mental or
behavioral health care; or
(c) The artificial intelligence system, or any component,
feature, avatar or embodiment of the artificial intelligence system
is a provider of mental or behavioral health care, a therapist, a
clinical therapist, a counselor, a psychiatrist, a doctor or any other
term commonly used to refer to a provider of professional mental
health or behavioral health care.
2. An artificial intelligence provider shall not make available
for use by a person in this State an artificial intelligence system
that is specifically programmed to provide a service or experience
to a user that would constitute the practice of professional mental
or behavioral health care if provided by a natural person.
3. A natural person shall no t represent himself or herself as
being qualified to provide professional mental or behavioral
health care, including, without limitation, by using the title of
“therapist,” “psychotherapist” or “counselor,” or any similar title,
if the person does not pos sess a valid credential issued by a
governmental entity that authorizes the person to practice
professional mental or behavioral health care in this State.
4. The Division:
(a) May investigate potential violations of this section.
(b) May bring an acti on to recover a civil penalty pursuant to
subsection 5.
(c) Shall deposit any money received from a civil penalty into
the State General Fund.
(d) Shall develop and disseminate to the public educational
materials which contain:
(1) Information describi ng how a person may obtain
professional mental or behavioral health care from a licensed or
certified provider of professional mental or behavioral health care.
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(2) Information about free or low -cost services or options
that are available to persons in t his State who are experiencing a
mental or behavioral health crisis.
(3) Recommended best practices relating to the use or
potential use of artificial intelligence by a person who is seeking
care or relief from a mental or behavioral health condition, or
who is experiencing a mental or behavioral health event, which
may include, without limitation, recommendations concerning the
circumstances under which such a person should seek the
assistance or care of a provider of professional mental or
behavioral health care.
5. A person who violates any provision of subsection 1, 2 or 3
is subject to a civil penalty not to exceed $15,000 per violation.
6. This section shall not be construed to prohibit:
(a) Any advertisement, statement or representation for or
relating to materials, literature and other products which are
meant to provide advice and guidance for self -help relating to
mental or behavioral health, if the material, literature or product
does not purport to offer or provide professional mental or
behavioral health care.
(b) Offering or operating an artificial intelligence system that
is designed to be used by a provider of professional mental or
behavioral health care to perform tasks for administrative support
in conformity with subsection 2 of section 8 of this act.
7. As used in this section:
(a) “Artificial intelligence provider” means a person who
operates or provides an artificial intelligence system.
(b) “Artificial intelligence system” means a machine-based
system that, for any explicit or implicit objective, infe rs from the
inputs the system receives how to generate outputs, including,
without limitation, content, decisions, predictions or
recommendations, that can influence physical or virtual
environments.
(c) “Professional mental or behavioral health care”:
(1) Means mental or behavioral health care or services
relating to the diagnosis, treatment or prevention of mental
illnesses or emotional or behavioral disorders which are typically
provided by a provider of mental or behavioral health care within
his or her authorized scope of practice.
(2) Includes, without limitation, the practice of:
(I) Psychology, as defined in NRS 641.025.
(II) Clinical professional counseling, as defined in
NRS 641A.065.
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(III) Marriage and family therapy, as defined in
NRS 641A.080.
(IV) Social work and clinical social work, as defined in
NRS 641B.030.
(V) Counseling persons with alcohol and other
substance use disorders and counseling persons with an addictive
disorder related to gambling, as defined in NRS 641C .100 and
641C.105, respectively.
(VI) Psychiatry.
Sec. 8. Chapter 629 of NRS is hereby amended by adding
thereto a new section to read as follows:
1. Except as otherwise provided by subsection 2 and, where
applicable, the policy adopted by the Department of Education
pursuant to section 2 of this act, a provider of mental and
behavioral health care shall not use an artificial intelligence
system in connection with providing professional mental and
behavioral health care directly to a patient.
2. A provider of mental and behavioral health care may use
an artificial intelligence system to assist the provider with
performing tasks for administrative support, which may include,
without limitation:
(a) Scheduling appointments;
(b) Managing records;
(c) Billing patients and managing records relating to billing;
(d) Analyzing data for operational purposes; and
(e) Organizing, tracking and managing files or notes relating
to an individual session with a patient.
3. If a provider of mental and behavioral health care uses an
artificial intelligence system for any purpose authorized in
subsection 2, the provider shall ensure that such use complies with
all applicable federal and state laws governing patient privacy and
the s ecurity of electronic health records, health -related
information and other related data, including, without limitation:
(a) The Health Information Technology for Economic and
Clinical Health Act, 42 U.S.C. §§ 300jj et seq. and 17901 et seq.;
(b) The Health Insurance Portability and Accountability Act of
1996, Public Law 104-191, as amended; and
(c) The provisions of NRS 439.581 to 439.597, inclusive.
4. A provider of mental and behavioral health care shall
independently review the accuracy of any report, data or other
information compiled, summarized, analyzed or generated by an
artificial intelligence system for a purpose described in paragraph
(c) or (e) of subsection 2.
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5. A provider of mental and behavioral health care who
violates any provis ion of this section is guilty of unprofessional
conduct and is subject to disciplinary action by the board, agency
or other entity in this State by which he or she is licensed or
certified.
6. As used in this section:
(a) “Artificial intelligence system ” means a machine-based
system that, for any explicit or implicit object, infers from the
inputs the system receives how to generate outputs, including,
without limitation, content, decisions, predictions or
recommendations, that can influence physical or virtual
environments.
(b) “Professional mental and behavioral health care” means
psychotherapy, ps ychiatry, counseling, therapy or other care or
services relating to the diagnosis, treatment or prevention of
mental illnesses or emotional or behavioral disorders which are
provided by a provider of mental and behavioral health care
within his or her authorized scope of practice.
(c) “Provider of mental and behavioral health care” means:
(1) A psychiatrist licensed to practice medicine in this State
pursuant to chapter 630 or 633 of NRS;
(2) A psychologist licensed to practice in this State pursuant
to chapter 641 of NRS;
(3) A social worker licensed in this State as an independent
social worker or a clinical social worker pursuant to chapter 641B
of NRS;
(4) A registered nurse holding a master’s degree in the field
of psychiatric nursing and licen sed to practice professional
nursing in this State pursuant to chapter 632 of NRS;
(5) A marriage and family therapist or clinical professional
counselor licensed in this State pursuant to chapter 641A of NRS;
(6) An alcohol and drug counselor or probl em gambling
counselor who is licensed or certified pursuant to chapter 641C of
NRS; and
(7) A person who provides counseling services as part of his
or her training for any of the professions listed in subparagraphs
(1) to (6), inclusive.
Sec. 9. (Deleted by amendment.)
Sec. 10. 1. This section becomes effective upon passage and
approval.
2. Sections 1 to 9, inclusive, of this act become effective:
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(a) Upon passage and approval for the purpose of adopting any
regulations and performing any other preparatory administrative
tasks that are necessary to carry out the provisions of this act; and
(b) On July 1, 2025, for all other purposes.
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