Nevada SB 186: Imposes requirements concerning the use of artificial intelligence in health care. (BDR 40-780)

Bill Text

S.B. 186 
 
- *SB186* 
 
SENATE BILL NO. 186–SENATOR STONE 
 
PREFILED FEBRUARY 3, 2025 
____________ 
 
Referred to Committee on Health and Human Services 
 
SUMMARY—Imposes requirements concerning the use of artificial 
intelligence in health care. (BDR 40-780) 
 
FISCAL NOTE: Effect on Local Government: No. 
 Effect on the State: No. 
 
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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. 
 
 
AN  ACT  relating  to  health  care;  requiring  a  medical  facility  or  a 
provider  of  health  care  who  uses  generative  artificial 
intelligence to generate certain communications to ensure 
that  those  communications  include  certain  information; 
and providing other matters properly relating thereto. 
Legislative Counsel’s Digest: 
 Existing law provides for the licensure and regulation of medical facilities and 1 
providers  of  health  care  in  this  State.  (Chapters  449,  450B,  629-637B,  639-640B 2 
and 640D-641D of NRS) Sections 1 and 7 of this bill require a medical facility or 3 
provider  of  health  care  who  uses  generative  artificial  intelligence  to  generate  a 4 
written  or  verbal  communication  with  a  patient  relating  to  his  or  her  clinical 5 
information to ensure that the communication includes: (1) a disclaimer stating that 6 
the communication was generated by generative artificial intelligence; and (2) clear 7 
instructions  describing  how  the  patient  may  contact  certain  persons  for  further 8 
assistance. Sections 1 and 7 exempt    from    this    requirement    a    written 9 
communication that is read and reviewed by a provider of health care. Sections 2-6 10 
and 8 of  this  bill  make  conforming changes  to  provide  for  the  administration  and 11 
enforcement  of  the  requirements  of section 1 in  the  same  manner  as  other 12 
requirements  imposed  on  medical  facilities  by  existing  law. Section 7 authorizes 13 
the  imposition  of  disciplinary  action  against  a  provider  of  health care  who  fails  to 14 
comply with the requirements of section 7. 15 
 
 
 
 
 
 

 
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- *SB186* 
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN 
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: 
 
 Section 1.  Chapter  449 of  NRS  is  hereby  amended  by  adding 1 
thereto a new section to read as follows: 2 
 1.  Except  as  otherwise  provided  in  subsection  3,  a  medical 3 
facility  that  uses  generative  artificial  intelligence  to  generate  a 4 
written  or  verbal  communication  with  a  patient  relating  to  his  or 5 
her  clinical  information shall ensure  that  the  communication 6 
includes: 7 
 (a) A disclaimer stating that the communication was generated 8 
by generative artificial intelligence; and 9 
 (b) Clear instructions describing how the patient may contact a 10 
provider  of  health  care,  employee of the  medical  facility  or  other 11 
appropriate  person  who  can  provide  any  assistance  the  patient 12 
may need with respect to the information in the communication. 13 
 2.  The disclaimer provided pursuant to subsection 1: 14 
 (a) For written communications, including, without limitation, 15 
letters,  electronic  mail  and  other  written  messages,  must  appear 16 
prominently at the beginning of each communication. 17 
 (b) For     written     communications     involving     continuous 18 
interactions  over the Internet,  including,  without  limitation,  chat-19 
based  telehealth,  must  be  prominently  displayed  throughout  the 20 
interaction. 21 
 (c) For  audio  communications,  must  be  provided  verbally  at 22 
the beginning and the end of the interaction. 23 
 (d) For  video  communications, must be  prominently displayed 24 
throughout the interaction. 25 
 3.  The  requirements  of  this  section  do  not  apply  to  a  written 26 
communication    that    is    generated    by    generative    artificial 27 
intelligence if the  written communication is read and reviewed by 28 
a provider of health care before being provided to a patient. 29 
 4.  As used in this section: 30 
 (a) “Artificial intelligence” means an engineered or machine-31 
based system that varies in its level of autonomy and that can, for 32 
explicit or  implicit objectives, infer from the  input it receives  how 33 
to   generate   outputs   that   can   influence   physical   or   virtual 34 
environments. 35 
 (b) “Generative  artificial  intelligence”  means  artificial 36 
intelligence that can generate derived synthetic content, including 37 
images, videos, audio, text and other digital content. 38 
 (c) “Telehealth” has    the    meaning    ascribed    to    it    in  39 
NRS 629.515. 40 

 
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- *SB186* 
 Sec. 2.  NRS 449.029 is hereby amended to read as follows: 1 
 449.029  As  used  in  NRS  449.029  to  449.240,  inclusive, and 2 
section 1 of this act, unless the context otherwise requires, “medical 3 
facility”  has  the