Illinois 1st US state to ban AI in mental healthcare

Illinois has become the first state in the country to ban the use of AI in therapy and psychotherapy services.

Gov. JB Pritzker signed the Wellness and Oversight for Psychological Resources Act into law on Aug.1. The act prohibits the use of AI for mental health treatment and clinical decision-making within behavioral healthcare. However, it allows behavioral health professionals to use AI for administrative and supplementary support services.

The act comes as concerns around the risks of AI-driven mental health therapy rise. A recent Stanford study revealed that AI therapy chatbots powered by large language models showed increased stigma toward certain conditions and enabled dangerous behavior, including suicidal ideation. This aligns with prior research showing that neuroimaging-based AI models for psychiatric diagnosis display a high risk for bias and poor clinical applicability. Earlier this year, the American Psychological Association urged the Federal Trade Commission to protect the public from unregulated AI-driven chatbots and investigate their deceptive practices.

U.S. adults in a 2024 survey have also raised concerns about AI use in mental healthcare, citing fears of incorrect diagnoses, the application of inappropriate treatments and confidentiality issues.

The Illinois Department of Financial and Professional Regulation (IDFPR) created the act with the help of Illinois lawmakers and the National Association of Social Workers, Illinois Chapter (NASW-IL).

"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 IDFPR Secretary Mario Treto, Jr., in the press release. "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."

Though Illinois is the first state in the U.S. to ban AI-based therapy outright, several states have introduced and enacted legislation to protect their residents from the potential harms of AI therapy. For instance, New Jersey prohibits advertising AI solutions as licensed mental health professionals. Utah has established protections for AI mental health chatbot users, including requiring the chatbot to make certain disclosures.

Anuja Vaidya has covered the healthcare industry since 2012. She currently covers the virtual healthcare landscape, including telehealth, remote patient monitoring and digital therapeutics.