New Illinois law prevents AI from becoming your new therapist

After the defeat of a controversial provision in the “Big Beautiful Bill” that would ban all states from making any AI-related laws for ten years, Illinois is taking advantage of the ability to protect its citizens from harm with new legislation aimed at safeguarding mental healthcare. 

The “Wellness and Oversight for Psychological Resources Act,” signed by Governor JB Pritzker in early August, prohibits the use of AI to provide mental health and therapeutic decision-making, while still allowing providers and developers to use AI for administrative and supplementary support services for licensed behavioral health professionals. 

“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 Illinois Department of Financial and Professional Regulation (IDFPR) Secretary Mario Treto, Jr. “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.” 

Here’s a summary of the legislation: 

• No individual, corporation, or entity may provide, advertise, or otherwise offer therapy or psychotherapy services to people in Illinois unless the therapy or psychotherapy services are conducted by a licensed professional.  

• A licensed professional may not use an AI system in therapy or psychotherapy services to make independent therapeutic decisions, directly interact with clients in any form of therapeutic communication, or generate therapeutic recommendations or treatment plans without the review and approval by a licensed professional.  

• IDFPR will have the authority to investigate all suspected violations of the Act. Any individual, corporation, or entity found in violation of the Act shall pay a civil penalty to the Department of Financial and Professional Regulation in an amount not to exceed $10,000 per violation, with penalties assessed based on the degree of harm and the circumstances of the violation. 

The law was unanimously passed in each chamber of the Illinois General Assembly and has been signed by Gov. Pritzker, putting it into immediate effect. 

“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 Rep. Bob Morgan (D-Deerfield). “With Governor Pritzker signing this into law, Illinois residents are now protected from unregulated AI bots while ensuring access to qualified mental health professionals. 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.” 

Jennifer Bresnick is a journalist and freelance content creator with a decade of experience in the health IT industry.  Her work has focused on leveraging innovative technology tools to create value, improve health equity, and achieve the promises of the learning health system.  She can be reached at [email protected].