The US state of Illinois has become the first to pass a law prohibiting the use of artificial intelligence (AI) as an independent therapist. The new legislation, the Wellness and Oversight for Psychological Resources Act (HB 1806), stipulates that only licensed healthcare professionals may provide mental healthcare. AI chatbots or digital assistants may not act independently as therapists or make treatment decisions, thereby positioning Illinois clearly in the public debate on the role of AI in healthcare and welfare.
The law also states that licensed therapists may not use AI to conduct therapeutic communication or make substantive treatment decisions. However, the use of AI remains permitted for administrative and support tasks such as scheduling appointments, billing and record keeping.
AI systems as “licensed therapists”
According to Bob Morgan, Illinois State Representative, the law was necessary after reports of AI systems posing as licensed therapists. "We have heard stories of people in crisis who unknowingly turned to AI for help. In some cases, this led to dangerous, even deadly behaviour." To prevent such situations, the law provides for heavy penalties: a fine of $10,000 can be imposed on individuals or organisations for each violation.
The law was passed unanimously by both the Illinois House of Representatives and Senate, indicating broad political support. According to Mario Treto Jr., secretary of the Illinois Department of Financial and Professional Regulation, the legislative initiative is an important step in protecting the quality and safety of mental health care: ‘With this law, we want to ensure that care is provided exclusively by professionals who put the well-being of the patient first.’
Notable timing
The timing of the law is notable. The regulations come at a time when the Trump administration is pushing for deregulation of AI, with plans for a ten-year moratorium on AI legislation at the state level. Companies such as OpenAI are also working on models that can detect mental distress in users, but at the same time recognise that AI is not a substitute for human care.
With this law, Illinois is setting a clear standard and laying the foundation for future policy at the intersection of technology and healthcare.
