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Law / United States / Nevada

AB 406 (2025), AI mental and behavioral health care provider and marketing prohibitions

Nev. Rev. Stat. 433.567

In force since .

An AI prohibited practices rule binding public and private bodies.

Enforcement body
Division of Public and Behavioral Health, Department of Health and Human Services
How the hook was established
express
What makes it apply
Market targeting, User location
Obligation class
Prohibition
Audit expectation
none

What it requires

  • Do not represent, or program an AI system to represent, that the system can provide professional mental or behavioral health care, that a user may interact with it to obtain such care, or that it (or any avatar or feature of it) is a therapist, counselor, psychiatrist or similar provider.
  • Do not offer or make available an AI system specifically programmed to provide a service that would constitute the practice of professional mental or behavioral health care if a natural person provided it.
  • Do not represent yourself as qualified to provide professional mental or behavioral health care, including by using a title such as therapist, psychotherapist or counselor, unless you hold a valid Nevada credential to do so.
  • A violation of these prohibitions carries a civil penalty of up to $15,000, enforced by the Division of Public and Behavioral Health.
  • Self-help materials that do not purport to offer professional care, and an AI system a licensed provider uses only for administrative support under NRS 629.610, are not prohibited.

These lines are LexLint's reading of the law's text.

In the frameworks

NIST AI RMF
  • MAP 3.3Targeted application scope is specified and documented based on the system’s capability, established context, and AI system categorization.
NIST AI 600-1
MIT mitigations Draft
  • 1.5Safety Decision Frameworks
  • 3.3Access Management
FINOS AIGF
ETSI EN 304 223
  • 5.1.2-1Business need and security risks written down and assessed before deciding to build an AI system.
  • 5.1.4-5End-users told which uses of the system are prohibited.

Our reading of where this law's duties sit in each framework. It never says that running a control meets the law. How we read a framework against the law

Identifiers refer to ETSI EN 304 223 V2.1.1 (2025-12), © ETSI 2025, all rights reserved. ETSI owns the standard; no ETSI text (titles or sentences) is reproduced here. The standard is free to download from ETSI.

If you get it wrong

Criminal exposureNo

Penalty structure

A civil penalty, not a criminal fine; recovered by the Division of Public and Behavioral Health in a civil action, with proceeds deposited into the State General Fund.

Rule
Per violation only
As of
Currency
USD
Per violation unit
Violation
Per violation amount
15,000

What it makes you log

Logging duty

Section 433.567 prohibits an artificial intelligence provider from making listed representations and lets the Division investigate potential violations, but it states no duty for the provider to create, keep, or produce a log or record.

Kind
None
As of

What this law does

Drafted with AI

Drafted with AI from the cited sources under the direction of UnGovr staff. UnGovr holds editorial responsibility for this page. How this site is made

Research summary

Legal information, not legal advice. This is LexLint's own research summary of a public legal source, and it creates no attorney-client relationship. For decisions that matter, consult qualified counsel in the relevant jurisdiction. About LexLint

An artificial intelligence provider may not represent, or program an AI system to represent, that the system is capable of providing professional mental or behavioral health care, that a user may interact with the system to obtain such care, or that the system or any component of it is a therapist, counselor, psychiatrist or similar provider; nor may a provider make available an AI system specifically programmed to provide a service that would constitute the practice of professional mental or behavioral health care if provided by a natural person.

A natural person who lacks a valid credential to practice professional mental or behavioral health care in Nevada may not represent himself or herself as qualified to do so, including by using titles such as therapist, psychotherapist or counselor.

The Nevada Division of Public and Behavioral Health, Department of Health and Human Services, may investigate potential violations and bring a civil action to recover a civil penalty of up to $15,000 per violation; the section does not prohibit self-help materials that do not purport to offer professional care, or an AI system a licensed provider uses for administrative support consistent with NRS 629.610.

When LexLint raises it

When your app profile says your app makes health care decisions or deploys a mental-health chatbot.

Back to the example  ·  Lint your app

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