NRS 433.567 Prohibited activity of artificial intelligence provider; prohibited representations by natural person not credentialed to provide mental or behavioral health care; authority and duties of Division; civil penalty.

796 words·~4 min read·/nv/chapter-433-general-provisions/433-567

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

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 intelligence 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 professional 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 not 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 possess 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 action 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 describing how a person may obtain professional mental or behavioral health care from a licensed or certified provider of professional mental or behavioral health care.

(2)Information about free or low-cost services or options that are available to persons in this 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 NRS 629.610 .

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, 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.

(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 .

(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.

PEER RECOVERY SUPPORT SERVICES AND CERTIFIED PREVENTION SPECIALISTS

General Provisions