Gov. JB Pritzker (D-IL) signed the law on Monday when artificial intelligence services banned the provision of mental health counseling.
Wellness and surveillance of psychological resource laws fine mental health professionals and AI companies up to $10,000 if they use artificial intelligence in mental health counseling services, therapeutic decisions and user diagnosis. Mental health professionals can continue to use AI for administrative tasks such as taking notes.
The law was passed unanimously in both rooms of the Illinois Legislature.
Illinois is the first state to try to regulate AI giving mental health advice. The law is because psychologists warn about “psychosis caused by AI,” and some people are beginning to rely heavily on AI services for dating.
In response, the National Association of Social Workers said that while AI is committed to new technologies, it is not bound by the ethics of experts.
“These AI chatbots can try the best programmes they can, but they’re not human,” said Kyle Hillman, legislator of NASW-IL. “They don’t have any interactions that do not have such a response. So they are influenced by what data comes from those products and their effects are shifting bias towards dangerous protections.”
State Rep. Bob Morgan, a Democrat who sponsored the law, said guardrails must be implemented before AI technology advances.
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“Our behavioral health system cannot afford to replace it with an unqualified chatbot that is not liable for medical malpractice. By explicitly laying out what is available or unavailable with AI technology, patients can be protected, providers can continue to provide critical access to care, and treatment plans can remain transparent between clients and professionals,” he said.
Ash, one app that sold itself as “the first AI designed for therapy,” is currently a seemingly prohibited in Illinois. Users trying to set up profiles within the state now receive pop-up messages saying, “Illinois is currently thinking about how to set policies around services like ASH. During that time, we decided not to operate in Illinois.”
