Illinois became the latest state to restrict the use of artificial intelligence in therapy, following Nevada and Utah, as at least three other states consider their own restrictions on the technology.
Illinois’ AI therapy ban, under the Wellness and Oversight for Psychological Resources Act, prohibits the use of AI to “provide mental health and therapeutic decision-making,” according to a press release. However, licensed behavioral health professionals can still use the tech for administrative and supplementary support services. Illinois Governor JB Pritzker signed the bill into law on Aug. 1.
Three other states — California, New Jersey, and Pennsylvania — have bills underway that would restrict AI used in therapy. California’s proposed bill would require the secretary within the state’s Government Operations Agency to create a mental health and AI working group to “determine the role" of AI in therapy.
New Jersey’s bill would forbid anyone who “develops or deploys” AI in the state from advertising that its tech can act as a licensed mental health professional. Pennsylvania’s bill would require that schools first gain parental consent before administering virtual mental health services to kids.
As the Washington Post reported, two states other than Illinois have already started restricting therapeutic applications of AI. Back in June, Nevada signed a bill into law that restricts AI in schools, among other measures, and limits uses of AI by mental and behavioral health care providers. And in March, Utah passed a law that put regulations on mental health chatbots that use AI.
These restrictions come as researchers — along with tech executive Sam Altman — call out the risks of treating generative AI like a therapist.
Altman is the CEO of OpenAI, which owns and operates the largest AI chatbot ChatGPT. In a podcast interview at the end of July, Altman said therapy sessions with ChatGPT won’t necessarily always remain private. He added that there aren’t currently any legal grounds to protect sensitive, personal information someone might share with ChatGPT if a lawsuit requires OpenAI to share the information.
Shortly before Altman’s interview, a study from Stanford University found that AI therapy chatbots are far from ready to replace human providers. It found that such chatbots express stigma and make inappropriate statements about certain mental health conditions, including people experiencing delusions, suicidal thoughts, hallucinations, and OCD, among other conditions.
“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,” Mario Treto, Jr., secretary at Illinois’ Department of Financial and Professional Regulation, said in the release. “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.”