Illinois has made a notable advancement in AI oversight by enacting a law that forbids AI from functioning as an independent therapist and establishes stringent regulations for its application in mental health services. Governor JB Pritzker enacted this legislation on August 1. Referred to as the Wellness and Oversight for Psychological Resources Act, this law introduced by Rep. Bob Morgan requires that only licensed practitioners can deliver therapeutic services.

Rep. Morgan pointed out the risks associated with AI impersonating licensed therapists, citing cases where people in distress were misled by AI, resulting in detrimental consequences. He stressed the necessity for regulatory measures to avert further damage as AI technologies evolve.

The newly established law prohibits mental health providers from relying on AI to make autonomous therapeutic choices, engage directly with clients, or formulate treatment plans without the consent of a licensed professional. It additionally bars unlicensed individuals from representing themselves as “therapists.” Infractions could lead to fines as high as $10,000 for each violation, with penalties escalating based on the gravity of the offense. The law is effective immediately.

Illinois stands as the first state to regulate AI within the realm of mental health care, complementing its current AI-related legislation, including updates to the state’s Human Rights Act, which addresses discriminatory AI practices in the workplace.

The involvement of AI in mental health care continues to spark debate. While AI presents a possible remedy for the steep costs of therapy, experts caution about privacy concerns and the risk of worsening mental health emergencies. By clarifying AI’s role in mental health care, the new law seeks to safeguard patients, bolster ethical providers, and guarantee that treatment is delivered by qualified professionals.