Illinois Governor J.B. Pritzker has signed into law a piece of legislation that will ban the use of artificial intelligence in delivering therapy or psychotherapy unless it's overseen by licensed clinicians.
The Wellness and Oversight for Psychological Resources Act prohibits anyone from using AI to aid in mental health and therapeutic decision-making, while still allowing the use of AI for administrative and supplementary support services for licensed behavioral health professionals.
The intent, said Pritzker, is to protect patients from unregulated AI products, protect the jobs of qualified behavioral health providers and protect children from rising concerns about the use of AI chatbots in mental health services.
“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 (IDFPR). “This legislation stands as our commitment to safeguarding the well-being of our residents by ensuring that mental health services are delivered by trained experts who prioritize patient care above all else.”
WHAT’S THE IMPACT
Collaborating on the bill were the IDFPR, lawmakers in the Illinois General Assembly and the National Association of Social Workers, Illinois Chapter.
The groups cited emerging risks of using AI in providing direct therapy treatment. In particular, a recent report in the Washington Post found an AI-powered therapist chatbot recommended “a small hit of meth to get through this week” to a fictional former addict.
Additionally, a joint subject matter hearing of the Illinois House Health Care Licenses and Insurance Committees in 2024 heard testimony from experts that, “AI algorithms are only as good as the data they are trained on” and that regulators, “need to caution against the notion that using AI can be a cheaper alternative to expert medical care.”
IDFPR will have the authority to investigate all suspected violations of the act. All confirmed violations will result in a fine of up to $10,000.
“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,” said State Representative Bob Morgan (D-Deerfield). “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."
THE LARGER TREND
In 2024, the Congressional Budget Office addressed AI and machine learning in healthcare, determining that the evidence on the usefulness of the technology is mixed, particularly when it comes to costs.
The practical application of these technologies is still inconsistent at this nascent phase, CBO determined. It said it will need to see more empirical evidence before determining the overall effect on factors such as healthcare spending.
Email: jlagasse@himss.org
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