Nevada 2025 Regular Session Status: Enacted 2 D cosponsors

AB 406 — Makes various changes relating to health. (BDR 34-674)

Last action — Chapter 283.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced March 11, 2025. Enacted.

Signed by Governor Joe Lombardo (Republican) on June 05, 2025.

Prognosis

Advancing 54% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 2 sponsors

    2 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (2 D).

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

247 added · 254 removed

Plain-language change summary

The amended version of Assembly Bill No. 406 adds specific requirements for public schools regarding the use of artificial intelligence (AI) in mental health services. It now clearly prohibits schools from relying on AI for the duties of school counselors, psychologists, or social workers when it comes to pupils' mental health, ensuring that qualified human professionals provide these critical services. This change is significant because it reinforces the importance of human oversight in mental health care and aims to protect students by preventing unqualified persons from offering these essential services—even indirectly through AI.

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(Reprinted with amendments adopted on April 21, 2025) FIRST REPRINT A.B.
Assembly Bill No.
406 ASSEMBLY BILL N O.
406–Assemblymembers Jackson and Nadeem CHAPTER..........
406–A SSEMBLYMEMBERS JACKSON AND N ADEEM M ARCH 11, 2025 ____________ Referred to Committee on Education SUMMARY—Makes various changes relating to health.
(BDR 34-674) FISCAL NOTE:
Effect on Local Government:
May have Fiscal Impact.
Effect on the State:
Yes.
~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
requiring the Department of Education to develop a policy concerning certain uses of artificial intelligence;
(NRS 391.293, 391.294, 391.296) Section 2 of this bill prohibits a public school from using artificial intelligence to perform the worker which relate to the mental health of pupils.psychologist or school social Existing law:
(NRS 391.293, 391.294, 391.296) Section 2 of this bill prohibits a public school from using artificial intelligence to perform the functions and duties of a school counselor, school psychologist or school social worker which relate to the mental health of pupils.
(1) regulates the practice and requires the licensure of certain mental health professionals, including psychiatrists, psychologists, marriage and family therapists, clinical professional counselors, registered nurses, social workers, alcohol and drug counselors and problem gambling counselors;
Section 2 additionally requires by such school employees while providing therapy, counseling or other mental orligence behavioral health services to pupils.
and (2) prohibits unlicensed persons from engaging in the practices of those professions.
Section 2 requires the policy to include a method for the Department to examine the accuracy and efficacy of the use of artificial intelligence for such purposes.
(Chapters exceptions, an artificial intelligence provider from offering to users in this State an artificial intelligence system that is specifically programmed to provide a user with a service or an experience that would constitute the practice of professional mental or behavioral health care if provided by a natural person.
Existing law:
Section 7 also prohibits, with certain exceptions, an artificial intelligence provider or a natural person who is not licensed to practice professional mental or behavioral health care from making - *AB406_R1* – 2 – certain representations that would lead a person to believe that the provider, the artificial intelligence system operated by the provider or the natural person is bill imposes certain restrictions and prohibitions on the use of an artificial of this intelligence system by a licensed provider of mental and behavioral health care.
(1) regulates the practice and requires the licensure of certain mental health professionals, including psychiatrists, psychologists, marriage and family therapists, clinical professional counselors, registered nurses, social workers, unlicensed persons from engaging in the practices of those professions.
(Chapters 630, 632, 633 and 641-641C of NRS) Section 7 of this bill prohibits, with certain exceptions, an artificial intelligence provider from offering to users in this State an artificial intelligence system that is specifically programmed to provide a user with a service or an experience that would constitute the practice of professional mental or behavioral health care if provided by a natural person.
Section 7 also prohibits, with certain exceptions, an artificial intelligence provider or a natural person who is certain representations that would lead a person to believe that the provider, the artificial intelligence system operated by the provider or the natural person is capable of or qualified to provide mental or behavioral health care.
Section 8 of this bill imposes certain restrictions and prohibitions on the use of an artificial intelligence system by a licensed provider of mental and behavioral health care.
- 83rd Session (2025) – 2 – EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
The provisions of subsection 1 do not prohibit a school counselor, school psychologist, school social worker or other educational personnel from using artificial intelligence to perform tasks for administrative support, which may include, without limitation:
The Department shall develop a policy for the use of artificial intelligence by a school counselor, school psychologist, providing therapy, counseling or other mental or behavioral health services to pupils.
The policy developed pursuant to this subsection must include, without limitation, a method for the Department to examine the accuracy and efficacy of any artificial intelligence used for such purposes.
The Department may collaborate with the Division of Public and Behavioral Health of the Department of Health and Human Services in developing the policy.
3.
The provisions of subsection 1 do not prohibit a school counselor, school psychologist, school social worker or other educational personnel from using artificial intelligence in accordance with the policy developed pursuant to subsection 2 or to perform tasks for administrative support, which may include, without limitation:
3.
As used in this section, “artificial intelligence” means a system of machine-based technology that can simulate human intelligence through one or more technological means, including, without limitation, utilizing or deploying:
(a) Systems for machine learning;
(b) Large language models;
or (c) Systems for natural language processing.
Sec.
3.
(Deleted by amendment.) Sec.
(Deleted by amendment.) Sec.
As used in this section, “artificial intelligence” means a machine-based system that, for any explicit or implicit objective, infers from the inputs the system receives how to generate outputs, recommendations, that can influence physical or virtualictions or environments.
5.
Secs.
(Deleted by amendment.) Sec.
3-6.
6.
(Deleted by amendment.) - 83rd Session (2025) – 3 – Sec.
(Deleted by amendment.) Sec.
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 - *AB406_R1* – 3 – this State to make any representation or statement that explicitly or implicitly indicates that:
An artificial intelligence provider shall not make any representation or statement or knowingly cause or program an this State to make any representation or statement that explicitlyin or implicitly indicates that:
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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.
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 if the person does not possess a valid credential issued by a title, governmental entity that authorizes the person to practice professional mental or behavioral health care in this State.
(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.
- 83rd Session (2025) – 4 – (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 - *AB406_R1* – 4 – circumstances under which such a person should seek the assistance or care of a provider of professional mental or behavioral health care.
(3) Recommended best practices relating to the use or care or relief from a mental or behavioral health condition, orking 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.
(a) The provision of faith-based counseling services, specifically designated as such, by a member of the clergy who does not hold a valid credential to practice professional mental or behavioral health care.
(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) 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 section 8 of this act.
(c) 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 section 8 of this act.
(a) “Artificial intelligence provider” means a person who owns, operates or controls an artificial intelligence system.
(a) “Artificial intelligence provider” means a person who operates or provides an artificial intelligence system.
(b) “Artificial intelligence system” means a system of machine-based technology that can simulate human intelligence through one or more technological means, including, without limitation, by utilizing or deploying:
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.
(1) Systems for machine learning;
(2) Large language models;
or (3) Systems for natural language processing.
(III) Marriage and family therapy, as defined in NRS 641A.080.
- 83rd Session (2025) – 5 – (III) Marriage and family therapy, as defined in NRS 641A.080.
- *AB406_R1* – 5 – (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.
substance use disorders and counseling persons with an addictiveer disorder related to gambling, as defined in NRS 641C.100 and 641C.105, respectively.
Except as otherwise provided by subsection 2, 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.
Except as otherwise provided by subsection 2 and, where applicable, the policy adopted by the Department of Education pursuant to section 2 of this act, 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.
3.
artificial intelligence system for any purpose authorized ines an 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:
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 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 subsection 2.
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.
- 83rd Session (2025) – 6 – 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.
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 cer6.fieAs used in this section:
6.
(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.
As used in this section:
(a) “Artificial intelligence system” means a system of machine-based technology that can simulate human intelligence - *AB406_R1* – 6 – through one or more technological means, including, without limitation, by utilizing or deploying:
(1) Systems for machine learning;
(2) Large language models;
or (3) Systems for natural language processing.
(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;
(4) A registered nurse holding a master’s degree in the field nursing in this State pursuant to chapter 632 of NRS;ssional (5) A marriage and family therapist or clinical professional counselor licensed in this State pursuant to chapter 641A of NRS;
(5) A marriage and family therapist or clinical professional counselor licensed in this State pursuant to chapter 641A of NRS;
(a) Upon passage and approval for the purpose of adopting any regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act;
- 83rd Session (2025) – 7 – (a) Upon passage and approval for the purpose of adopting any regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act;
H - *AB406_R1*
~~~~~ 25 - 83rd Session (2025)
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Amendments

2 amendments

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Action History

  1. Chapter 283.

  2. Approved by the Governor.

  3. Enrolled and delivered to Governor.

  4. Senate Amendment No. 664 concurred in. To enrollment.

  5. In Assembly.

  6. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 20, Nays: 1.) To Assembly.

  7. From printer. To re-engrossment. Re-engrossed. Second reprint. Taken from General File. Placed on General File for next legislative day.

  8. From committee: Amend, and do pass as amended. Placed on Second Reading File. Read second time. Amended. (Amend. No. 664.) To printer.

  9. Read first time. Referred to Committee on Education. To committee.

  10. In Senate.

  11. From printer. To engrossment. Engrossed. First reprint. To Senate.

  12. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 42, Nays: None.) To printer.

  13. From committee: Amend, and do pass as amended. Placed on Second Reading File. Read second time. Amended. (Amend. No. 389.) Dispensed with reprinting.

  14. Notice of eligibility for exemption.

  15. From printer. To committee.

  16. Read first time. Referred to Committee on Education. To printer.

Sponsors

Sponsorship breakdown

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2 sponsors · 0 co-sponsors · 65 not signed on

Sponsors (2)

Co-sponsors (0)

None.

Not signed on (65)

65 members have not signed on to this bill.

Show all 65 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

healthcare health-insurance
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Frequently asked questions

Who sponsors AB 406?
AB 406 is sponsored by Nadeem, Hanadi (Democratic) and Jackson, Jovan A. (Democratic).
What is the current status of AB 406?
This bill has been enacted into law. Introduced March 11, 2025. Enacted.
Where can I track AB 406?
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