Building on efforts to ensure quality healthcare accessibility for the people of Illinois, Governor JB Pritzker signed legislation on Friday that protects patients by limiting the use of artificial intelligence (AI) in therapy and psychotherapy services.
The Wellness and Oversight for Psychological Resources Act prohibits anyone from using AI to provide mental health and therapeutic decision-making, while allowing the use of AI for administrative and supplementary support services for licensed behavioral health professionals. This will protect patients from unregulated and unqualified AI products, while also protecting the jobs of Illinois’ thousands of qualified behavioral health providers. This will also protect vulnerable children amid the rising concerns over AI chatbot use in youth mental health services.
This Act is the result of productive collaboration between the Illinois Department of Financial and Professional Regulation (IDFPR), lawmakers in the Illinois General Assembly, and the National Association of Social Workers, Illinois Chapter (NASW-IL), and comes as more stories emerge about the risks of utilizing AI in providing direct therapy treatment.
One news report 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 to IDFPR. The Wellness and Oversight for Psychological Resources Act was unanimously passed in each chamber of the Illinois General Assembly and goes into effect immediately with Governor Pritzker’s signature.
