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)–(3) In this chapter: (1) "Artificial intelligence mental health servicesArtificial intelligence mental health services"Artificial intelligence mental health services" means the use of artificial intelligence technology to provide counseling, therapy, or other mental health services.Health & Safety Code § 616.001(1)" means the use of artificial intelligence technologyArtificial intelligence technology"Artificial intelligence technology" means computer software that is designed to simulate human intelligence through machine learning and perform tasks that would normally require human involvement.Health & Safety Code § 616.001(2) to provide counseling, therapy, or other mental health services. (2) "Artificial intelligence technologyArtificial intelligence technology"Artificial intelligence technology" means computer software that is designed to simulate human intelligence through machine learning and perform tasks that would normally require human involvement.Health & Safety Code § 616.001(2)" means computer software that is designed to simulate human intelligence through machine learning and perform tasks that would normally require human involvement. (3) "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(3)" 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.
This section establishes the three defined terms used throughout the chapter: artificial intelligence mental health services, artificial intelligence technology, and licensed mental health professional. The definition of licensed mental health professional is notable for its breadth — it covers psychiatrists, psychologists, marriage and family therapists, licensed professional counselors, and social workers. The definition of AI technology is relatively generic, focusing on machine-learning-based software that simulates human intelligence.
(a) 1 A person may not provide artificial intelligence mental health servicesArtificial intelligence mental health services"Artificial intelligence mental health services" means the use of artificial intelligence technology to provide counseling, therapy, or other mental health services.Health & Safety Code § 616.001(1) to another person in this state unless: (1) the artificial intelligence technologyArtificial intelligence technology"Artificial intelligence technology" means computer software that is designed to simulate human intelligence through machine learning and perform tasks that would normally require human involvement.Health & Safety Code § 616.001(2) application through which the services are provided is an application approved by the commission 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(3) or a person that makes 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(3) available at all times to each person who receives services through the artificial intelligence technologyArtificial intelligence technology"Artificial intelligence technology" means computer software that is designed to simulate human intelligence through machine learning and perform tasks that would normally require human involvement.Health & Safety Code § 616.001(2).
(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(3) described by Subsection (a) must: (1) be available to review the progress of a person receiving the services; (2) be available to communicate directly with a person receiving the services if needed; and (3) intervene in the provision of artificial intelligence mental health servicesArtificial intelligence mental health services"Artificial intelligence mental health services" means the use of artificial intelligence technology to provide counseling, therapy, or other mental health services.Health & Safety Code § 616.001(1) if the person receiving services 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 the use of artificial intelligence technology to provide counseling, therapy, or other mental health services.Health & Safety Code § 616.001(1) shall: (1) clearly advise all persons who may use the services that the services would be provided through artificial intelligence technologyArtificial intelligence technology"Artificial intelligence technology" means computer software that is designed to simulate human intelligence through machine learning and perform tasks that would normally require human involvement.Health & Safety Code § 616.001(2); and (2) obtain a person's informed consent before the person receives artificial intelligence mental health servicesArtificial intelligence mental health services"Artificial intelligence mental health services" means the use of artificial intelligence technology to provide counseling, therapy, or other mental health services.Health & Safety Code § 616.001(1).
Section 616.002 is the bill's core operating-requirements provision. Subsection (a) establishes a dual prerequisite for offering AI mental health services: the AI technology application must be approved by the commission under § 616.003, and the person providing the services must either be a licensed mental health professional or make one available at all times. This effectively prohibits standalone, unsupervised AI therapy products.
Subsection (b) specifies the duties of the licensed professional who backs the AI system: the professional must be available to review patient progress, communicate directly with the patient, and — critically — must intervene when a patient threatens harm to self or others or reports child abuse or neglect. Subsection (c) imposes disclosure and informed-consent obligations on anyone offering AI mental health services.
(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(3) may provide artificial intelligence mental health servicesArtificial intelligence mental health services"Artificial intelligence mental health services" means the use of artificial intelligence technology to provide counseling, therapy, or other mental health services.Health & Safety Code § 616.001(1) only to a person who has agreed to receive the services for purposes of testing an artificial intelligence technologyArtificial intelligence technology"Artificial intelligence technology" means computer software that is designed to simulate human intelligence through machine learning and perform tasks that would normally require human involvement.Health & Safety Code § 616.001(2) as indicated by the person's signing a specialized informed consent document that demonstrates that the person 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 the use of artificial intelligence technology to provide counseling, therapy, or other mental health services.Health & Safety Code § 616.001(1) that are in active development and have not been demonstrated to be both competent and safe; and (2) release the artificial intelligence mental health servicesArtificial intelligence mental health services"Artificial intelligence mental health services" means the use of artificial intelligence technology to provide counseling, therapy, or other mental health services.Health & Safety Code § 616.001(1) provider from all liability associated with the artificial intelligence mental health servicesArtificial intelligence mental health services"Artificial intelligence mental health services" means the use of artificial intelligence technology to provide counseling, therapy, or other mental health services.Health & Safety Code § 616.001(1) provided during testing.
(b) 5 An artificial intelligence technologyArtificial intelligence technology"Artificial intelligence technology" means computer software that is designed to simulate human intelligence through machine learning and perform tasks that would normally require human involvement.Health & Safety Code § 616.001(2) application may not be considered to have completed its testing until the results of testing demonstrate that the application shows competency and safety in the application's provision of artificial intelligence mental health servicesArtificial intelligence mental health services"Artificial intelligence mental health services" means the use of artificial intelligence technology to provide counseling, therapy, or other mental health services.Health & Safety Code § 616.001(1).
(c) 6 Following a request for approval of an artificial intelligence technologyArtificial intelligence technology"Artificial intelligence technology" means computer software that is designed to simulate human intelligence through machine learning and perform tasks that would normally require human involvement.Health & Safety Code § 616.001(2) application to provide mental health services, the commission shall evaluate the results of the application's testing and issue an order approving or disapproving of the application's use in providing artificial intelligence mental health servicesArtificial intelligence mental health services"Artificial intelligence mental health services" means the use of artificial intelligence technology to provide counseling, therapy, or other mental health services.Health & Safety Code § 616.001(1) in this state.
(d) 7 The commission shall make publicly available on its Internet website the results of each artificial intelligence technologyArtificial intelligence technology"Artificial intelligence technology" means computer software that is designed to simulate human intelligence through machine learning and perform tasks that would normally require human involvement.Health & Safety Code § 616.001(2) application's testing that has been submitted to the commission with a request for approval.
Section 616.003 creates a pre-market testing and approval regime for AI mental health technology. Before commission approval, AI applications may only be used under a testing framework requiring specialized informed consent where the participant acknowledges the technology has not been demonstrated competent or safe and releases the provider from liability. Testing is not complete until competency and safety are demonstrated. The commission evaluates submitted test results and issues an approval or disapproval order. Test results must be published on the commission's website, creating a public transparency layer.
(a) 8 The provision of artificial intelligence mental health servicesArtificial intelligence mental health services"Artificial intelligence mental health services" means the use of artificial intelligence technology to provide counseling, therapy, or other mental health services.Health & Safety Code § 616.001(1) must be guided by the ethical principles and standards that apply to 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(3) in this state in providing the services without the use of an artificial intelligence technologyArtificial intelligence technology"Artificial intelligence technology" means computer software that is designed to simulate human intelligence through machine learning and perform tasks that would normally require human involvement.Health & Safety Code § 616.001(2).
(b) 9 A person who provides artificial intelligence mental health servicesArtificial intelligence mental health services"Artificial intelligence mental health services" means the use of artificial intelligence technology to provide counseling, therapy, or other mental health services.Health & Safety Code § 616.001(1) may not discriminate against an individual on the basis of race, ethnicity, gender, sexual orientation, or any other characteristic.
Section 616.004 establishes two requirements: AI mental health services must adhere to the same ethical principles and professional standards that govern licensed mental health professionals providing services without AI, and providers must not discriminate on the basis of race, ethnicity, gender, sexual orientation, or any other characteristic. The ethics-parity requirement effectively imports all existing Texas professional-conduct codes into the AI mental health context.
(a) The appropriate state regulatory authority for the provision of counseling, therapy, or other mental health services must recognize as authorized by this state the artificial intelligence mental health servicesArtificial intelligence mental health services"Artificial intelligence mental health services" means the use of artificial intelligence technology to provide counseling, therapy, or other mental health services.Health & Safety Code § 616.001(1) that are provided through an artificial intelligence technologyArtificial intelligence technology"Artificial intelligence technology" means computer software that is designed to simulate human intelligence through machine learning and perform tasks that would normally require human involvement.Health & Safety Code § 616.001(2) that has been approved under this chapter.
(b) 10 A person providing artificial intelligence mental health servicesArtificial intelligence mental health services"Artificial intelligence mental health services" means the use of artificial intelligence technology to provide counseling, therapy, or other mental health services.Health & Safety Code § 616.001(1) must comply with the standards regarding professional ethics to which 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(3) providing the service would be held for providing the service without the use of an artificial intelligence technologyArtificial intelligence technology"Artificial intelligence technology" means computer software that is designed to simulate human intelligence through machine learning and perform tasks that would normally require human involvement.Health & Safety Code § 616.001(2).
(c) 11 A person who provides artificial intelligence mental health servicesArtificial intelligence mental health services"Artificial intelligence mental health services" means the use of artificial intelligence technology to provide counseling, therapy, or other mental health services.Health & Safety Code § 616.001(1) and who violates a provision of a professional licensing statute that would be applicable to 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(3) providing the service is subject to disciplinary action as provided by that licensing statute regardless of whether the person is licensed under that statute.
Section 616.005 integrates AI mental health services into the existing professional licensing framework. It directs state regulatory authorities to recognize commission-approved AI mental health services as authorized. It requires providers to comply with the same professional ethics standards as a licensed professional delivering the same service without AI. Critically, subsection (c) extends disciplinary exposure to any person providing AI mental health services who violates a professional licensing statute — even if that person is not themselves licensed — ensuring that non-licensed deployers of AI therapy tools cannot evade professional-conduct enforcement.
12 A person who provides artificial intelligence mental health servicesArtificial intelligence mental health services"Artificial intelligence mental health services" means the use of artificial intelligence technology to provide counseling, therapy, or other mental health services.Health & Safety Code § 616.001(1) shall maintain records of the person's provision of the services in the same manner required by the professional licensing statute that would be applicable to 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(3) providing the service.
Section 616.006 requires persons providing AI mental health services to maintain records in the same manner required by the professional licensing statute applicable to a licensed mental health professional. This imports existing recordkeeping obligations wholesale into the AI mental health context, ensuring parity with non-AI service delivery.
The executive commissioner shall adopt rules necessary to implement this chapter.
Section 616.007 is a standard rulemaking delegation, directing the executive commissioner of the Health and Human Services Commission to adopt rules necessary to implement the chapter. This provision creates no direct compliance obligation on private parties.