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Nevada AB 406 (AI in mental and behavioral health care and schools)

Nevada Division of Public and Behavioral Health; Nevada professional licensing boards · pack 0.2.0 · verified against the official source as of 2026-10-03. Open it in the explorer.

Binding law — in force

No AI system programmed to provide what would be professional mental or behavioral health care may be made available in Nevada (Nevada AB 406)

NRS 433.567(2) bars an AI provider from making available, for use by a person in Nevada, an AI system specifically programmed to provide a service or experience to a user that would constitute the practice of professional mental or behavioral health care if a natural person provided it. Unlike Illinois, Rhode Island or Maine, the text has no licensed-professional path for the AI itself: only self-help material that does not purport to offer professional care and administrative-support tools for providers are carved out. Detect an AI cast or offered as the therapist or counselor, or therapy offered as delivered by AI.

nv-ab406.no-ai-programmed-to-practice-mental-health-care · NRS 433.567(2) · official source · jurisdictions: US-NV

The guard to add, and how far to trust this rule

Binding law — in force

Nevada public schools must not use AI to perform school counselors', psychologists' or social workers' mental-health functions for pupils (Nevada AB 406)

NRS 391.297(1) bars a Nevada public school, including a charter school or university school for profoundly gifted pupils, from using AI to perform the functions and duties of a school counselor, school psychologist or school social worker that relate to pupils' mental health. Those staff may still use AI under the Department of Education's policy or for administrative support (scheduling, records, operational data analysis, organizing files and notes about a pupil). Detect school-facing products that cast the AI as the school counselor, psychologist or social worker.

nv-ab406.no-ai-school-mental-health-functions · NRS 391.297(1) · official source · jurisdictions: US-NV

The guard to add, and how far to trust this rule

Binding law — in force

AI providers must not represent an AI as providing professional mental health care or as a therapist, counselor or doctor (Nevada AB 406)

Under NRS 433.567(1), added by Nevada AB 406, a person who operates or provides an AI system made available in Nevada may not make, or knowingly cause or program the system to make, any statement that explicitly or implicitly indicates that the system can provide professional mental or behavioral health care, that users can obtain that care through its conversational features, or that the system or any component, feature, avatar or embodiment of it is a provider of mental or behavioral health care, a therapist, clinical therapist, counselor, psychiatrist, doctor or similar. Self-help materials that do not purport to offer professional care, and administrative-support tools for providers, are carved out. Detect persona prompts, replies, UI copy and listings that present the AI as a mental-health professional or as delivering that care.

nv-ab406.no-mental-health-care-representation · NRS 433.567(1) · official source · jurisdictions: US-NV

The guard to add, and how far to trust this rule

Binding law — in force

Nevada mental and behavioral health providers may use AI only for administrative support, not in providing care directly to a patient (Nevada AB 406)

NRS 629.610(1)-(2) bar a Nevada provider of mental and behavioral health care from using an AI system in connection with providing professional mental and behavioral health care directly to a patient; AI may assist only with administrative support such as scheduling, records, billing, operational data analysis and organizing session files and notes. A violation is unprofessional conduct. Detect provider software that sends model output to the patient, or lets it set a treatment plan or therapeutic decision, outside those administrative tasks.

nv-ab406.provider-ai-administrative-support-only · NRS 629.610(1) · official source · jurisdictions: US-NV

The guard to add, and how far to trust this rule

Binding law — in force

Nevada mental health providers' administrative AI use must comply with HIPAA, HITECH and Nevada health-information law (Nevada AB 406)

When a Nevada provider of mental and behavioral health care uses an AI system for an administrative-support purpose, NRS 629.610(3) requires the provider to ensure the use complies with all federal and state law on patient privacy and the security of electronic health records and health data, naming HITECH, HIPAA and NRS 439.581 to 439.597. Detect session notes, transcripts or other patient records sent to a model API with no business-associate, HIPAA-eligible endpoint or de-identification safeguard.

nv-ab406.provider-ai-privacy-compliance · NRS 629.610(3) · official source · jurisdictions: US-NV

The guard to add, and how far to trust this rule

Binding law — in force

Nevada mental and behavioral health providers must independently review the accuracy of AI-generated billing records and session notes (Nevada AB 406)

When a Nevada provider of mental and behavioral health care uses AI for billing (NRS 629.610(2)(c)) or for organizing, tracking and managing files or notes of a patient's session (2)(e), NRS 629.610(4) requires the provider to independently review the accuracy of any report, data or other information the AI compiles, summarizes, analyzes or generates. Detect AI-generated session notes or billing records committed as final or submitted with no provider review step.

nv-ab406.provider-review-of-ai-records · NRS 629.610(4) · official source · jurisdictions: US-NV

The guard to add, and how far to trust this rule