NRS 629.610 Certain uses of artificial intelligence systems prohibited; exceptions for certain administrative support tasks.

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1. Except as otherwise provided by subsection 2 and, where applicable, the policy adopted by the Department of Education pursuant to NRS 391.297 , 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 security 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.

5. A provider of mental and behavioral health care 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 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, psychiatry, 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 licensed 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 problem 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.

COMPELLED MENTAL OR PHYSICAL EXAMINATIONS