Gov. JB Pritzker (D-IL) signed legislation into law Monday that banned artificial intelligence services from providing mental health counseling.
The Wellness and Oversight for Psychological Resources law will fine mental health professionals and AI companies up to $10,000 if they use artificial intelligence in mental health counseling services, therapeutic decision-making, and diagnosing users. Mental health professionals can continue using AI for administrative tasks such as note-taking.
The legislation was unanimously passed in both chambers of the Illinois state legislature.
Illinois is the first state to attempt to regulate AI giving mental health advice. The law comes as psychologists are warning about “AI-induced psychosis,” as some people have begun to rely heavily on AI services for companionship.
In response, the National Association for Social Workers said that while AI is promising new technology, it is not bound by ethics like professionals.
“These AI chatbots, even though you can try to program as best as you can, they’re not human,” said Kyle Hillman, the legislative director for NASW-IL. “They don’t have that interaction they don’t have that kind of response. And so, they’re influenced by what kind of data comes into those products and that influence is changing the biases towards, I think, dangerous conservations.”
State Rep. Bob Morgan, a Democrat who sponsored the legislation, said guardrails must be implemented before AI technology advances too far.
DEMOCRATIC 2028 CONTENDERS FILL THEIR CALENDARS WITH HIGH-PROFILE EVENTS
“Our behavioral healthcare system cannot afford to be replaced by unqualified chatbots with no malpractice liability. By explicitly laying out what AI technology can and cannot be used for, patients are better protected, providers can continue delivering critical access to care, and treatment plans remain transparent between the client and professional,” he said.
One app, Ash, which marketed itself as the “first AI designed for therapy,” is now seemingly banned in Illinois. Users who try to set up a profile in the state now receive a pop-up message saying, “The state of Illinois is currently figuring out how to set policies around services like Ash. In the meantime, we’ve decided not to operate in Illinois.”