Gov. Pritzker Signs Legislation Prohibiting AI Therapy in Illinois
SPRINGFIELD – Building on efforts to ensure quality healthcare accessibility for the people of Illinois, Governor JB Pritzker signed legislation on Friday that protects patients by limiting the use of artificial intelligence (AI) in therapy and psychotherapy services. The Wellness and Oversight for Psychological Resources Act prohibits anyone from using AI to provide mental health and therapeutic decision-making, while allowing the use of AI for administrative and supplementary support services for licensed behavioral health professionals. This will protect patients from unregulated and unqualified AI products, while also protecting the jobs of Illinois’ thousands of qualified behavioral health providers. This will also protect vulnerable children amid the rising concerns over AI chatbot use in youth mental health services.
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“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. “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.”
This Act is the result of productive collaboration between the Illinois Department of Financial and Professional Regulation (IDFPR), lawmakers in the Illinois General Assembly, and the National Association of Social Workers, Illinois Chapter (NASW-IL), and comes as more stories emerge about the risks of utilizing AI in providing direct therapy treatment. One news report found an AI-powered therapist chatbot recommended “a small hit of meth to get through this week” to a fictional former addict. Additionally, a joint subject matter hearing of the Illinois House Health Care Licenses and Insurance Committees in 2024 heard testimony from experts that, “AI algorithms are only as good as the data they are trained on” and that regulators, “need to caution against the notion that using AI can be a cheaper alternative to expert medical care.”
"With Governor Pritzker signing this into law, Illinois residents are now protected from unregulated AI bots while ensuring access to qualified mental health professionals,” said Rep. Bob Morgan (D-Deerfield). “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. 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."
“It is imperative that we provide our communities with the critical mental health support they need,” said Sen. Ram Villivalam (D-Chicago). “I am proud to sponsor a law that sets guidelines for the use of AI in mental health treatment and invests in the well-being of communities, the quality of care they receive, and the standards we hold our mental health care professionals to.”
“With HB1806, Illinois sets the standard for regulating the use of AI in mental health,” said Kyle Hillman, NASW-IL Director of Legislative Affairs. “The mental health profession thanks the Department for its pivotal role in advising on a law that strengthens oversight while allowing for thoughtful innovation. This is a win for both public protection and professional integrity.”
IDFPR will have the authority to investigate all suspected violations of the Act. All confirmed violations will result in a fine of up to $10,000 to IDFPR. The Wellness and Oversight for Psychological Resources Act was unanimously passed in each chamber of the Illinois General Assembly and goes into effect immediately with Governor Pritzker’s signature.
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