BREAKING NEWS: Illinois has officially banned the use of artificial intelligence in therapy, joining Nevada and Utah in a significant crackdown on AI applications in mental health. The new legislation, signed by Governor JB Pritzker on August 1, 2023, prohibits the technology from being used to provide mental health and therapeutic decision-making. As concerns mount over the safety and efficacy of AI in therapy, at least three other states—California, New Jersey, and Pennsylvania—are moving toward similar restrictions.
This urgent legislative action comes as researchers and experts, including Sam Altman, CEO of OpenAI, voice alarm about the risks of using generative AI as a therapeutic tool. In a recent podcast, Altman highlighted privacy concerns, stating that therapy sessions with AI might not remain confidential, raising critical questions about patient safety.
The Illinois legislation, known as the Wellness and Oversight for Psychological Resources Act, allows licensed behavioral health professionals to utilize AI for administrative tasks but strictly limits its use in direct therapeutic settings. This move aims to prioritize patient care and ensure that mental health services are delivered by qualified professionals.
Meanwhile, California’s proposed legislation seeks to establish a mental health and AI working group to explore the role of AI in therapy. New Jersey’s proposal aims to prevent any entity from marketing AI as a substitute for licensed mental health professionals. Pennsylvania’s bill calls for parental consent before schools can deploy virtual mental health services to children.
These developments come on the heels of similar restrictions enacted earlier this year in Nevada and Utah. Nevada’s law limits AI use in schools and among mental health providers, while Utah’s legislation regulates AI-driven mental health chatbots. The push for regulation reflects growing apprehension about the effectiveness of AI in addressing complex mental health issues.
A recent study from Stanford University underscores these concerns, revealing that AI therapy chatbots often make inappropriate statements and exhibit stigma regarding mental health conditions, including those involving suicidal thoughts and hallucinations.
Mario Treto, Jr., secretary of Illinois’ Department of Financial and Professional Regulation, emphasized the importance of quality healthcare, stating, “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.”
As these legislative efforts continue to unfold, the focus remains on ensuring that mental health services are safe, effective, and delivered by trained professionals. The implications of these bans could set a precedent for how AI is utilized in therapy across the country.
What’s next? Keep an eye on developments in California, New Jersey, and Pennsylvania as they consider their own regulations on AI in mental health therapy. The conversation around AI’s role in healthcare is just beginning, and public safety remains a top priority.
Stay tuned for more updates on this rapidly evolving story.
