WHAT THIS BILL REGULATES · 1 REQUIREMENT TYPE
How Is This Bill Enforced
Verbatim statutory text on the left; plain-language analysis and a per-section checklist on the right. Numbered markers cross-link to the matching checklist row.
(1) 1 Except as otherwise provided in subsection 3, a medical facilityMedical facility"Medical facility" has the meaning ascribed to it in NRS 449.0151 and includes a program of hospice care described in NRS 449.196.NRS 449.029 (as amended by Sec. 2) that uses generative artificial intelligenceGenerative artificial intelligence"Generative artificial intelligence" means artificial intelligence that can generate derived synthetic content, including images, videos, audio, text and other digital content.Sec. 1(4)(b) / Sec. 7(5)(b) to generate a written or verbal communication with a patient relating to his or her clinical information shall ensure that the communication includes: (a) A disclaimer stating that the communication was generated by generative artificial intelligenceGenerative artificial intelligence"Generative artificial intelligence" means artificial intelligence that can generate derived synthetic content, including images, videos, audio, text and other digital content.Sec. 1(4)(b) / Sec. 7(5)(b); and (b) Clear instructions describing how the patient may contact a provider of health careProvider of health careA provider of health care who uses generative artificial intelligence to generate a written or verbal communication with a patient relating to his or her clinical information.Sec. 7 (new section in NRS Chapter 629), employee of the medical facilityMedical facility"Medical facility" has the meaning ascribed to it in NRS 449.0151 and includes a program of hospice care described in NRS 449.196.NRS 449.029 (as amended by Sec. 2) or other appropriate person who can provide any assistance the patient may need with respect to the information in the communication.
(2) 1 The disclaimer provided pursuant to subsection 1: (a) For written communications, including, without limitation, letters, electronic mail and other written messages, must appear prominently at the beginning of each communication. (b) For written communications involving continuous interactions over the Internet, including, without limitation, chat-based telehealthTelehealth"Telehealth" has the meaning ascribed to it in NRS 629.515.Sec. 1(4)(c) / Sec. 7(5)(c), must be prominently displayed throughout the interaction. (c) For audio communications, must be provided verbally at the beginning and the end of the interaction. (d) For video communications, must be prominently displayed throughout the interaction.
(3) 1 The requirements of this section do not apply to a written communication that is generated by generative artificial intelligenceGenerative artificial intelligence"Generative artificial intelligence" means artificial intelligence that can generate derived synthetic content, including images, videos, audio, text and other digital content.Sec. 1(4)(b) / Sec. 7(5)(b) if the written communication is read and reviewed by a provider of health careProvider of health careA provider of health care who uses generative artificial intelligence to generate a written or verbal communication with a patient relating to his or her clinical information.Sec. 7 (new section in NRS Chapter 629) before being provided to a patient.
(4) As used in this section: (a) "Artificial intelligenceArtificial intelligence"Artificial intelligence" means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments.Sec. 1(4)(a) / Sec. 7(5)(a)" means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments. (b) "Generative artificial intelligenceGenerative artificial intelligence"Generative artificial intelligence" means artificial intelligence that can generate derived synthetic content, including images, videos, audio, text and other digital content.Sec. 1(4)(b) / Sec. 7(5)(b)" means artificial intelligenceArtificial intelligence"Artificial intelligence" means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments.Sec. 1(4)(a) / Sec. 7(5)(a) that can generate derived synthetic content, including images, videos, audio, text and other digital content. (c) "TelehealthTelehealth"Telehealth" has the meaning ascribed to it in NRS 629.515.Sec. 1(4)(c) / Sec. 7(5)(c)" has the meaning ascribed to it in NRS 629.515.
This section imposes the bill's core obligations on medical facilities that use generative artificial intelligence to generate written or verbal communications with patients about clinical information. Every such communication must include a disclaimer identifying it as AI-generated and clear instructions for how the patient can reach a human provider or appropriate person for further assistance. The disclaimer placement rules are format-specific: prominently at the beginning for one-off written messages, prominently displayed throughout for continuous online or video interactions, and verbally at both the beginning and end for audio communications.
A safe harbor exempts written communications that a provider of health care reads and reviews before the communication is provided to the patient. This carve-out does not extend to verbal, audio, or video communications — only written ones.
449.029 As used in NRS 449.029 to 449.240, inclusive, and section 1 of this act, unless the context otherwise requires, "medical facilityMedical facility"Medical facility" has the meaning ascribed to it in NRS 449.0151 and includes a program of hospice care described in NRS 449.196.NRS 449.029 (as amended by Sec. 2)" has the meaning ascribed to it in NRS 449.0151 and includes a program of hospice care described in NRS 449.196.
This conforming amendment adds the new Section 1 to the range of statutes governed by the definition of "medical facility" in NRS 449.029, ensuring the existing definition applies to the new AI disclosure requirements for medical facilities.
449.0301 The provisions of NRS 449.029 to 449.2428, inclusive, and section 1 of this act do not apply to: 1. Any facility conducted by and for the adherents of any church or religious denomination for the purpose of providing facilities for the care and treatment of the sick who depend solely upon spiritual means through prayer for healing in the practice of the religion of the church or denomination, except that such a facility shall comply with all regulations relative to sanitation and safety applicable to other facilities of a similar category. 2. Foster homes as defined in NRS 424.014. 3. Any medical facilityMedical facility"Medical facility" has the meaning ascribed to it in NRS 449.0151 and includes a program of hospice care described in NRS 449.196.NRS 449.029 (as amended by Sec. 2), facility for the dependent or facility which is otherwise required by the regulations adopted by the Board pursuant to NRS 449.0303 to be licensed that is operated and maintained by the United States Government or an agency thereof.
This conforming amendment extends the existing exemptions from NRS Chapter 449 medical facility requirements to cover the new Section 1 AI disclosure requirements. Religious healing facilities, foster homes, and federally operated facilities remain exempt.
449.160 1. The Division may deny an application for a license or may suspend or revoke any license issued under the provisions of NRS 449.029 to 449.2428, inclusive, and section 1 of this act upon any of the following grounds: (a) Violation by the applicant or the licensee of any of the provisions of NRS 439B.410, 449.029 to 449.245, inclusive, and section 1 of this act or 449A.100 to 449A.124, inclusive, and 449A.270 to 449A.286, inclusive, or of any other law of this State or of the standards, rules and regulations adopted thereunder.
This conforming amendment adds Section 1 of the act to the list of provisions whose violation may serve as grounds for denial, suspension, or revocation of a medical facility license by the Division. This is the primary enforcement mechanism for medical facility compliance with the AI disclosure requirements.
449.163 1. In addition to the payment of the amount required by NRS 449.0308, if a medical facilityMedical facility"Medical facility" has the meaning ascribed to it in NRS 449.0151 and includes a program of hospice care described in NRS 449.196.NRS 449.029 (as amended by Sec. 2), facility for the dependent or facility which is required by the regulations adopted by the Board pursuant to NRS 449.0303 to be licensed violates any provision related to its licensure, including any provision of NRS 439B.410 or 449.029 to 449.2428, inclusive, and section 1 of this act or any condition, standard or regulation adopted by the Board, the Division, in accordance with the regulations adopted pursuant to NRS 449.165, may: (a) Prohibit the facility from admitting any patient until it determines that the facility has corrected the violation; (b) Limit the occupancy of the facility to the number of beds occupied when the violation occurred, until it determines that the facility has corrected the violation; (c) If the license of the facility limits the occupancy of the facility and the facility has exceeded the approved occupancy, require the facility, at its own expense, to move patients to another facility that is licensed; (d) Except where a greater penalty is authorized by subsection 2, impose an administrative penalty of not more than $5,000 per day for each violation, together with interest thereon at a rate not to exceed 10 percent per annum; and (e) Appoint temporary management to oversee the operation of the facility and to ensure the health and safety of the patients of the facility.
This conforming amendment adds Section 1 of the act to the provisions whose violation may trigger administrative penalties against medical facilities. Penalties include up to $5,000 per day per violation, admission prohibitions, occupancy limits, mandatory corrective improvements, and appointment of temporary management. This section also authorizes the Division to collect court costs and attorney's fees if a facility fails to pay an imposed administrative penalty.
449.240 The district attorney of the county in which the facility is located shall, upon application by the Division, institute and conduct the prosecution of any action for violation of any provisions of NRS 449.029 to 449.245, inclusive, and section 1 of this act.
This conforming amendment adds Section 1 of the act to the range of provisions for which the district attorney of the county where a facility is located may institute and conduct prosecution upon application by the Division.
(1)–(2) 2 Except as otherwise provided in subsection 3, a provider of health careProvider of health careA provider of health care who uses generative artificial intelligence to generate a written or verbal communication with a patient relating to his or her clinical information.Sec. 7 (new section in NRS Chapter 629) who uses generative artificial intelligenceGenerative artificial intelligence"Generative artificial intelligence" means artificial intelligence that can generate derived synthetic content, including images, videos, audio, text and other digital content.Sec. 1(4)(b) / Sec. 7(5)(b) to generate a written or verbal communication with a patient relating to his or her clinical information shall ensure that the communication includes: (a) A disclaimer stating that the communication was generated by generative artificial intelligenceGenerative artificial intelligence"Generative artificial intelligence" means artificial intelligence that can generate derived synthetic content, including images, videos, audio, text and other digital content.Sec. 1(4)(b) / Sec. 7(5)(b); and (b) Clear instructions describing how the patient may contact a provider of health careProvider of health careA provider of health care who uses generative artificial intelligence to generate a written or verbal communication with a patient relating to his or her clinical information.Sec. 7 (new section in NRS Chapter 629), employee of the provider of health careProvider of health careA provider of health care who uses generative artificial intelligence to generate a written or verbal communication with a patient relating to his or her clinical information.Sec. 7 (new section in NRS Chapter 629) or other appropriate person who can provide any assistance the patient may need with respect to the information in the communication. 2. The disclaimer provided pursuant to subsection 1: (a) For written communications, including, without limitation, letters, electronic mail and other written messages, must appear prominently at the beginning of each communication. (b) For written communications involving continuous interactions over the Internet, including, without limitation, chat-based telehealthTelehealth"Telehealth" has the meaning ascribed to it in NRS 629.515.Sec. 1(4)(c) / Sec. 7(5)(c), must be prominently displayed throughout the interaction. (c) For audio communications, must be provided verbally at the beginning and the end of the interaction. (d) For video communications, must be prominently displayed throughout the interaction.
(3) 2 The requirements of this section do not apply to a written communication that is generated by generative artificial intelligenceGenerative artificial intelligence"Generative artificial intelligence" means artificial intelligence that can generate derived synthetic content, including images, videos, audio, text and other digital content.Sec. 1(4)(b) / Sec. 7(5)(b) if the communication is read and reviewed by a provider of health careProvider of health careA provider of health care who uses generative artificial intelligence to generate a written or verbal communication with a patient relating to his or her clinical information.Sec. 7 (new section in NRS Chapter 629) before being provided to a patient.
(4) A provider of health careProvider of health careA provider of health care who uses generative artificial intelligence to generate a written or verbal communication with a patient relating to his or her clinical information.Sec. 7 (new section in NRS Chapter 629) who violates any provision 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, certified or regulated.
(5) As used in this section: (a) "Artificial intelligenceArtificial intelligence"Artificial intelligence" means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments.Sec. 1(4)(a) / Sec. 7(5)(a)" means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments. (b) "Generative artificial intelligenceGenerative artificial intelligence"Generative artificial intelligence" means artificial intelligence that can generate derived synthetic content, including images, videos, audio, text and other digital content.Sec. 1(4)(b) / Sec. 7(5)(b)" means artificial intelligenceArtificial intelligence"Artificial intelligence" means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments.Sec. 1(4)(a) / Sec. 7(5)(a) that can generate derived synthetic content, including images, videos, audio, text and other digital content. (c) "TelehealthTelehealth"Telehealth" has the meaning ascribed to it in NRS 629.515.Sec. 1(4)(c) / Sec. 7(5)(c)" has the meaning ascribed to it in NRS 629.515.
Section 7 mirrors Section 1's obligations but applies to individual providers of health care rather than medical facilities. A provider who uses generative AI to generate a written or verbal communication with a patient about clinical information must include the same disclaimer and human-contact instructions, with the same format-specific placement rules. The same safe harbor applies — written communications read and reviewed by a provider of health care before delivery are exempt.
The enforcement mechanism differs from Section 1: a provider who violates this section is guilty of unprofessional conduct and is subject to disciplinary action by the board, agency, or other entity by which he or she is licensed, certified, or regulated. This routes enforcement through existing professional licensing bodies rather than the Division of Public and Behavioral Health.
654.190 1. The Board may, after notice and an opportunity for a hearing as required by law, impose an administrative fine of not more than $10,000 for each violation on, recover reasonable investigative fees and costs incurred from, suspend, revoke, deny the issuance or renewal of or place conditions on the license of, and place on probation or impose any combination of the foregoing on any licensee who: ... (d) Aids or abets any person in the violation of any of the provisions of NRS 449.029 to 449.2428, inclusive, and section 1 of this act or 449A.100 to 449A.124, inclusive, and 449A.270 to 449A.286, inclusive, as those provisions pertain to a facility for skilled nursing, facility for intermediate care or residential facility for groups.
This conforming amendment adds Section 1 of the act to the provisions whose violation — when aided or abetted by a licensed nursing facility administrator — may serve as grounds for disciplinary action by the Board of Examiners for Long Term Care Administrators. Penalties include administrative fines of up to $10,000 per violation, license suspension or revocation, and probation.