State of Illinois Bans AI “Therapists”

On August 4, Illinois Governor JB Pritzker signed a bill into law that prohibits the use of AI to provide “mental health and therapeutic decision-making.” The act bans the use of AI therapy chatbots across the state, and it’s the first of its kind in the US.

“The people of Illinois deserve quality healthcare from real, qualified professionals and not computer programs that pull information from all corners of the internet to generate responses that harm patients,” said Mario Treto, Jr, Secretary of the Illinois Department of Financial and Professional Regulation.

The bill, called the “Wellness and Oversight for Psychological Resources Act,” also prohibits mental health professionals from using AI to make therapeutic decisions. However, the use of AI is still permitted for administrative tasks and other non-treatment tasks.

Clinicians are also obligated to provide written notice to a patient of their intent to use AI as supplementary support for their treatment. The notice must clearly establish the tool’s purpose, and patients must give written consent before its use.

A recent study from Stanford University shows that AI chatbot “therapists” could put people at risk and discourage them from seeking further help from mental health professionals. The bill passed unanimously in the Illinois House and Senate.

“With increasing frequency, we are learning how harmful unqualified, unlicensed chatbots can be in providing dangerous, non-clinical advice when people are in a time of great need. Illinoisans will still have access to many helpful, therapeutic relaxation and calming apps, but we are going to put a stop to those trying to prey on our most vulnerable in need of true mental health services,” said House Representative Bob Morgan.

Illinois joins a growing list of states that have recently passed laws regulating AI. For example, Minnesota is reviewing a bill to ban AI-generated nonconsensual pornography. However, Illinois is the first to address the use of AI for mental health care.

A breach of the law could result in fines of up to $10,000 per offense.