Recently, there has been a proliferation of consumer-facing, generative AI chatbots and a growing trend of the public turning to general-purpose bots for emotional and therapeutic support. While some individuals report positive and helpful interactions, high-profile harms have occurred.
With this backdrop, in early August, Governor J.B. Pritzker of Illinois signed the Wellness and Oversight for Psychological Resources Actopens in new window (Public Act 104-0054opens in new window), which aims to protect the public by ensuring that therapy is provided by licensed professionals and by prohibiting the use of AI to deliver therapy.
The legislation states that mental health professionals can use AI for administrative support—including for managing appointment scheduling and reminders, processing billing and insurance claims, and drafting communications about therapy logistics. They also can use AI for “supplementary support,” which includes preparing records and writing notes, analyzing anonymized data to track progress, and identifying external resources or referrals. The law also clarifies that licensed professionals must maintain responsibility for all outputs (e.g., communications, content, and data) and requires providers to inform patients in writing whenever AI is being used to record or transcribe a therapy session. In addition, providers must explain the purpose of using AI and get consent from patients prior to use.
The legislation also prohibits AI from being used to make independent decisions, engaging in direct therapeutic communication with patients, detecting emotions or mental states, and generating treatment plans or recommendations without review and approval by the licensed professional.
The law holds both individual providers and companies (e.g., tech and AI companies) accountable. Violations are subject to fines of up to $10,000 per incident (there are exceptions for religious counseling, peer support, and self-help materials).
Illinois’s new law is part of an emerging trend toward states taking the lead in regulating AI. Earlier this year, Utah passed a law requiring mental health chatbots to disclose that they are AI technologyopens in new window and not a human, and Nevada recently passed legislation that prohibits AI from representing itself as able to provide professional mental or behavioral health careopens in new window. Additionally, many states have introduced bills focused on AI in health care in recent legislative sessions and more are likely to follow. These changes underscore the need for psychologists to stay abreast of the evolving legislative developments in the states and jurisdictions where they practice.
Learn more about APA Services advocacy for responsible AI development.
