WHAT THIS BILL REGULATES · 7 REQUIREMENT TYPES
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)–(5) In this chapter: (1) "Artificial intelligenceArtificial intelligence"Artificial intelligence" means computer software designed to simulate human intelligence through machine learning and perform tasks normally requiring human involvement.Health & Safety Code § 616.001(1)" means computer software designed to simulate human intelligence through machine learning and perform tasks normally requiring human involvement. (2) "Artificial intelligence mental health servicesArtificial intelligence mental health services"Artificial intelligence mental health services" means counseling, therapy, or other mental health services provided through the use of artificial intelligence.Health & Safety Code § 616.001(2)" means counseling, therapy, or other mental health services provided through the use of artificial intelligenceArtificial intelligence"Artificial intelligence" means computer software designed to simulate human intelligence through machine learning and perform tasks normally requiring human involvement.Health & Safety Code § 616.001(1). (3) "CommissionCommission"Commission" means the Health and Human Services Commission.Health & Safety Code § 616.001(3)" means the Health and Human Services CommissionCommission"Commission" means the Health and Human Services Commission.Health & Safety Code § 616.001(3). (4) "Executive commissionerExecutive commissioner"Executive commissioner" means the executive commissioner of the commission.Health & Safety Code § 616.001(4)" means the executive commissioner of the commissionCommission"Commission" means the Health and Human Services Commission.Health & Safety Code § 616.001(3). (5) "Licensed mental health professionalLicensed mental health professional"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.Health & Safety Code § 616.001(5)" 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.
Section 616.001 establishes the key defined terms for the chapter. Artificial intelligence mental health services is defined broadly to encompass counseling, therapy, or other mental health services provided through AI. Licensed mental health professional covers psychiatrists, psychologists, marriage and family therapists, licensed professional counselors, and social workers. The Commission is the Health and Human Services Commission, which holds approval authority over AI applications under Section 616.003.
(a) 1 A person may not provide artificial intelligence mental health servicesArtificial intelligence mental health services"Artificial intelligence mental health services" means counseling, therapy, or other mental health services provided through the use of artificial intelligence.Health & Safety Code § 616.001(2) to an individual in this state unless: (1) the artificial intelligenceArtificial intelligence"Artificial intelligence" means computer software designed to simulate human intelligence through machine learning and perform tasks normally requiring human involvement.Health & Safety Code § 616.001(1) application through which the services are provided is commissionCommission"Commission" means the Health and Human Services Commission.Health & Safety Code § 616.001(3)-approved under Section 616.003; and (2) the person providing the services is a licensed mental health professionalLicensed mental health professional"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.Health & Safety Code § 616.001(5) or a person who ensures a licensed mental health professionalLicensed mental health professional"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.Health & Safety Code § 616.001(5) is available at all times to each individual receiving services through artificial intelligenceArtificial intelligence"Artificial intelligence" means computer software designed to simulate human intelligence through machine learning and perform tasks normally requiring human involvement.Health & Safety Code § 616.001(1).
(b) 2 The licensed mental health professionalLicensed mental health professional"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.Health & Safety Code § 616.001(5) described by Subsection (a) must: (1) be available to review the progress of an individual receiving artificial intelligence mental health servicesArtificial intelligence mental health services"Artificial intelligence mental health services" means counseling, therapy, or other mental health services provided through the use of artificial intelligence.Health & Safety Code § 616.001(2); (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) 3 A person who offers artificial intelligence mental health servicesArtificial intelligence mental health services"Artificial intelligence mental health services" means counseling, therapy, or other mental health services provided through the use of artificial intelligence.Health & Safety Code § 616.001(2) shall: (1) clearly advise each individual who may use the services that the services are provided through artificial intelligenceArtificial intelligence"Artificial intelligence" means computer software designed to simulate human intelligence through machine learning and perform tasks normally requiring human involvement.Health & Safety Code § 616.001(1); and (2) obtain the individual's informed consent before the individual receives the services.
Section 616.002 is the core operating provision. It imposes three distinct layers of obligation. Subsection (a) establishes two prerequisites for lawfully providing AI mental health services: the AI application must be commission-approved, and the provider must either be a licensed mental health professional or must ensure that one is available at all times. Subsection (b) then specifies what the licensed professional must be able to do — review patient progress, communicate directly, and intervene when the patient threatens harm to self or others or reports child abuse. Subsection (c) imposes disclosure and informed-consent requirements on any person offering these services.
The intervention duty in subsection (b)(3) is notable: it creates a mandatory human override obligation triggered by specific crisis conditions, going beyond mere availability to require affirmative action.
(a) 4 Notwithstanding Section 616.002, a licensed mental health professionalLicensed mental health professional"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.Health & Safety Code § 616.001(5) may provide artificial intelligence mental health servicesArtificial intelligence mental health services"Artificial intelligence mental health services" means counseling, therapy, or other mental health services provided through the use of artificial intelligence.Health & Safety Code § 616.001(2) only to an individual who has agreed to receive the services for purposes of testing an artificial intelligenceArtificial intelligence"Artificial intelligence" means computer software designed to simulate human intelligence through machine learning and perform tasks normally requiring human involvement.Health & Safety Code § 616.001(1) 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 servicesArtificial intelligence mental health services"Artificial intelligence mental health services" means counseling, therapy, or other mental health services provided through the use of artificial intelligence.Health & Safety Code § 616.001(2) through an application in active development that has not been demonstrated to be competent and safe; and (2) release the artificial intelligence mental health servicesArtificial intelligence mental health services"Artificial intelligence mental health services" means counseling, therapy, or other mental health services provided through the use of artificial intelligence.Health & Safety Code § 616.001(2) provider from all liability associated with the artificial intelligence mental health servicesArtificial intelligence mental health services"Artificial intelligence mental health services" means counseling, therapy, or other mental health services provided through the use of artificial intelligence.Health & Safety Code § 616.001(2) provided during testing.
(b) 5 An artificial intelligenceArtificial intelligence"Artificial intelligence" means computer software designed to simulate human intelligence through machine learning and perform tasks normally requiring human involvement.Health & Safety Code § 616.001(1) 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 servicesArtificial intelligence mental health services"Artificial intelligence mental health services" means counseling, therapy, or other mental health services provided through the use of artificial intelligence.Health & Safety Code § 616.001(2).
(c) 6 Following a request for approval of an artificial intelligenceArtificial intelligence"Artificial intelligence" means computer software designed to simulate human intelligence through machine learning and perform tasks normally requiring human involvement.Health & Safety Code § 616.001(1) application to provide mental health services, the commissionCommission"Commission" means the Health and Human Services Commission.Health & Safety Code § 616.001(3) shall evaluate the application's testing results and issue an order approving or disapproving the application's use in providing artificial intelligence mental health servicesArtificial intelligence mental health services"Artificial intelligence mental health services" means counseling, therapy, or other mental health services provided through the use of artificial intelligence.Health & Safety Code § 616.001(2) in this state.
(d) 7 The commissionCommission"Commission" means the Health and Human Services Commission.Health & Safety Code § 616.001(3) shall post on its Internet website the testing results of each artificial intelligenceArtificial intelligence"Artificial intelligence" means computer software designed to simulate human intelligence through machine learning and perform tasks normally requiring human involvement.Health & Safety Code § 616.001(1) application submitted to the commissionCommission"Commission" means the Health and Human Services Commission.Health & Safety Code § 616.001(3) for testing.
Section 616.003 establishes the pre-market testing and regulatory approval process for AI mental health applications. Subsection (a) creates a narrow testing exception: before commission approval, a licensed professional may provide AI mental health services only to individuals who have signed an informed consent acknowledging the application is untested and agreeing to a liability release. Subsection (b) sets the completion standard — testing must demonstrate competency and safety. Subsection (c) directs the Commission to evaluate testing results and issue an approval or disapproval order. Subsection (d) requires the Commission to publish testing results on its website.
This section places obligations on both providers (during the testing phase) and the Commission (approval evaluation and public posting). The testing-phase consent requirement is distinct from the general informed consent in § 616.002(c) — it requires additional disclosures about the unapproved status and a liability release.
(a) 8 A licensed mental health professionalLicensed mental health professional"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.Health & Safety Code § 616.001(5) in this state who provides artificial intelligence mental health servicesArtificial intelligence mental health services"Artificial intelligence mental health services" means counseling, therapy, or other mental health services provided through the use of artificial intelligence.Health & Safety Code § 616.001(2) shall be guided by the ethical principles and standards applicable in the provision of mental health services without the use of artificial intelligenceArtificial intelligence"Artificial intelligence" means computer software designed to simulate human intelligence through machine learning and perform tasks normally requiring human involvement.Health & Safety Code § 616.001(1).
(b) 9 A person who provides artificial intelligence mental health servicesArtificial intelligence mental health services"Artificial intelligence mental health services" means counseling, therapy, or other mental health services provided through the use of artificial intelligence.Health & Safety Code § 616.001(2) may not discriminate against an individual on the basis of race, ethnicity, gender, sexual orientation, or any other characteristic.
Section 616.004 imposes two obligations. Subsection (a) requires licensed mental health professionals who use AI to be guided by the same ethical principles and standards that apply to non-AI mental health services — effectively incorporating existing professional ethics codes by reference. Subsection (b) prohibits discrimination on the basis of race, ethnicity, gender, sexual orientation, or any other characteristic, applying to any person (not just licensed professionals) providing AI mental health services.
The non-discrimination provision is notable for its breadth — the "or any other characteristic" language goes beyond the typical enumerated-class framework and could be read to create an open-ended non-discrimination standard.
(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 servicesArtificial intelligence mental health services"Artificial intelligence mental health services" means counseling, therapy, or other mental health services provided through the use of artificial intelligence.Health & Safety Code § 616.001(2) provided through an artificial intelligenceArtificial intelligence"Artificial intelligence" means computer software designed to simulate human intelligence through machine learning and perform tasks normally requiring human involvement.Health & Safety Code § 616.001(1) application approved under this chapter.
(b) A person providing artificial intelligence mental health servicesArtificial intelligence mental health services"Artificial intelligence mental health services" means counseling, therapy, or other mental health services provided through the use of artificial intelligence.Health & Safety Code § 616.001(2) 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.
Section 616.005 addresses regulatory recognition and enforcement. Subsection (a) directs all state agencies regulating mental health services to recognize AI mental health services provided through commission-approved applications as state-authorized. Subsection (b) extends professional licensing disciplinary authority to persons providing AI mental health services who violate a licensing statute, regardless of whether the violator holds that license — a notable expansion that could subject unlicensed technology companies to professional disciplinary proceedings.
10 A person who provides artificial intelligence mental health servicesArtificial intelligence mental health services"Artificial intelligence mental health services" means counseling, therapy, or other mental health services provided through the use of artificial intelligence.Health & Safety Code § 616.001(2) shall maintain records of the person's provision of the services in the same manner as required by the applicable professional licensing statute.
Section 616.006 requires providers of AI mental health services to maintain records in the same manner required by their applicable professional licensing statute. This incorporates by reference whatever recordkeeping standards apply to the relevant mental health profession — whether psychiatry, psychology, marriage and family therapy, professional counseling, or social work. The obligation extends to all persons providing AI mental health services, not just licensed professionals.
The executive commissionerExecutive commissioner"Executive commissioner" means the executive commissioner of the commission.Health & Safety Code § 616.001(4) shall adopt rules necessary to implement this chapter.
Section 616.007 grants the executive commissioner of the Health and Human Services Commission rulemaking authority to implement the chapter. This is a standard delegation provision that does not create an independent compliance obligation for regulated entities.