NV AB406: Makes various changes relating to health. (BDR 34-674)

In one paragraph

Nevada's AB 406 bars public schools from using AI to perform school counselors', psychologists' and social workers' functions relating to pupils' mental health, and has the Department of Education develop a policy for AI use by staff providing those services. AI providers may not offer AI systems in Nevada specifically programmed to provide what would be professional mental or behavioral health care if done by a person, or claim an AI system can provide such care; civil penalty up to $15,000 per violation. Licensed providers may not use AI in giving care directly to patients, except for administrative support. Approved June 5, 2025 (Chapter 283); effective July 1, 2025.

Plain-English summary, written with AI assistance. The official text controls.

What it means for business

AI companies may not offer or market chatbots or apps in Nevada as providing mental or behavioral health care (up to $15,000 per violation). Licensed therapists and counselors may not use AI in direct patient care, only for administrative tasks under HIPAA.

Key provisions

1. 1Sec. 2 (NRS chapter 391): a public school, including a charter school or university school for profoundly gifted pupils, shall not use AI to perform the functions and duties of a school counselor, school psychologist or school social worker (NRS 391.293, 391.294, 391.296) that relate to the mental health of pupils; staff may still use AI under the Department's policy or for administrative support such as scheduling, managing records, operational data analysis and organizing notes
2. 2The Department of Education must develop a policy for AI use by school counselors, psychologists, social workers and other educational personnel while providing therapy, counseling or other mental or behavioral health services to pupils, including a method to examine the accuracy and efficacy of the AI used
3. 3Sec. 7 (NRS chapter 433): an AI provider (a person who operates or provides an AI system) may not represent, or knowingly cause or program an AI system available in Nevada to represent, that the system can provide professional mental or behavioral health care, that users can get such care through its human-like conversation features, or that it or any avatar is a therapist, counselor, psychiatrist, doctor or similar provider
4. 4Sec. 7: an AI provider may not make available in Nevada an AI system specifically programmed to provide a service or experience that would constitute the practice of professional mental or behavioral health care if provided by a natural person; a natural person without a valid government-issued credential authorizing practice in Nevada may not claim to be qualified to provide such care, including by using the title 'therapist,' 'psychotherapist' or 'counselor'
5. 5Sec. 7 violations: civil penalty up to $15,000 per violation; the Division may investigate and sue, and must publish materials on finding licensed care, free or low-cost crisis services and best practices for people using AI when seeking help; self-help materials that do not purport to offer professional care and AI tools for providers' administrative support are not covered
6. 6Sec. 8 (NRS chapter 629): licensed providers of mental and behavioral health care (psychiatrists, psychologists, independent or clinical social workers, master's-level psychiatric nurses, marriage and family therapists, clinical professional counselors, alcohol and drug or problem gambling counselors, and trainees) may not use an AI system in connection with providing professional care directly to a patient, except as allowed for administrative support and, where applicable, under the Department of Education policy
7. 7Sec. 8: providers may use AI for administrative support (scheduling, records, billing, operational data analysis, organizing session notes) in compliance with HIPAA, the HITECH Act and NRS 439.581-439.597, and must independently review the accuracy of AI-generated information used for billing or session notes; violations are unprofessional conduct subject to licensing-board discipline
8. 8Approved by the Governor June 5, 2025 (Chapter 283); effective July 1, 2025 (on approval for adopting regulations and other preparatory tasks)

Latest legislative action

Jun 5, 2025. Approved by the Governor. Chapter 283.

Sponsors

Roll call votes

Amendments (2)

• Assembly Amendment 389 Adopted
• Senate Amendment 664 Adopted