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AI Legislative Guide

USA, Nevada

(United States) Firm Faegre Drinker Biddle & Reath LLP

Contributors David Koller

Updated 29 Jul 2025
Has specific legislation, final regulations or other formal regulatory guidance addressing the use of AI in your jurisdiction been implemented (vs reliance on existing legislation around IP, cyber, data privacy, etc.)?

Yes. 

Please provide a short summary of the legislation/regulations/guidance and explain how legislators aim to strike the balance between innovation and regulation.

Legislation and Regulations:

  • NEV AB 325 (Approved by Governor on May 30, 2025): This act relates to the use of AI in the context of emergency management.  It requires that state and local governmental agency emergency plans include provisions preventing final decisions regarding emergency response planning and the allocation of resources from being made by AI.  This act further prohibits public utilities from making final decisions regarding reducing or shutting down utility services in response to emergencies based only on the use of AI.
  • NV SB213 (Approved by Governor on June 5, 2025):  This act relates to the unlawful dissemination of intimate images (revenge porn).  Expands the definition of “Intimate image” to include computer-generated images that a reasonable person would believe depict an identifiable person in a sexual manner.  Prohibits the distribution of intimate images created in a way to give a reasonable person to believe it is an actual depiction of the other person, without the other person’s consent.
  • NV AB 406 (Approved by Governor on June 5, 2025):  This act is related to the use of AI in health and education.  It amends NV ST 391 to prohibit public schools from using AI to alone perform the functions and duties of school counselors, school psychologists or school social workers, and requires the Department of Education to develop a policy for the use of AI by such school employees while providing counseling, and further requires a policy to examine the accuracy and efficacy of using AI for these purposes.  This act also amends NV ST 433 to (1) prohibit AI providers (or their AI systems) from making representations that the AI is capable of providing professional mental or behavioral health care or that users can obtain care using such systems, and (2) prohibit making available for use AI systems specifically programmed to provide services constituting professional mental or behavioral health care if provided by a natural person.  Finally, this act amends NV ST 629 to prohibit mental health care providers from substantively using AI in directly treating patients, instead permitting only the use of AI for office management purposes (provided they ensure the use complies with all federal and state laws governing patient privacy).
  • NV SB263 (Approved by Governor on June 6, 2025):  This act is related to certain prohibitions regarding child pornography.  It amends NRS 200.700 to add a definition for “computer-generated child pornography” that includes visual representations created by AI.  Prohibits possession, preparation, advertising or distribution of computer-generated child pornography, and adds additional penalties for subsequent offenses.

Guidance:

  • Department of Insurance: In 2024, the Nevada Insurance Commissioner adopted the National Association of Insurance Commissioners model bulletin on the use of artificial intelligence by insurers.
  • Department of Education: April 2025 guidance document providing education agencies with actionable strategies for integrating AI responsibly.
  • OCIO: Late 2024 policy on responsible and ethical use of AI in the Nevada executive branch.  Identifies bodies that will help develop, implement and oversee policies, standards, and guidelines.
  • 9.5.23 Nevada AG Announcement re AI:  This is an older announcement, but it notes that the Nevada AG joined a bipartisan coalition of 54 attorneys general urging Congress to study how AI can and is used to exploit children through CSAM, and to propose legislation to protect children from abuses.
  • Office of CIO 2023 AI Guidelines: This is an older set of guidelines advising Nevada government services to use non-state-operated tools with extreme caution, adhere to data protection requirements, and ensure encryption and access control measures are in place.
Which agency regulates the use of AI in your jurisdiction?
  • OCIO: This office oversees the implementation of Nevada’s policy regarding AI use in the state’s executive branch.
  • State and Local Law Enforcement: Enforce legal prohibition on computer-generated child pornography and revenge porn.
  • Division of Public and Behavioral Health of the Department of Education: Investigates potential violations of AI prohibitions regarding mental health care, and may bring actions to recover civil penalties.

AI Legislative Guide

USA, Nevada

(United States) Firm Faegre Drinker Biddle & Reath LLP

Contributors David Koller

Updated 29 Jul 2025