On August 4, 2025, Illinois Governor JB Pritzker signed the Wellness and Oversight for Psychological Resources Act into law, which went into immediate effect, and “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.” The Act passed each chamber of the Illinois General Assembly before being signed by Governor Pritzker.
The law is designed “to 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.”
The Act comes in response to increasing reports of the risks AI chatbots pose in the mental health space. A news agency reported one example that found “an AI-powered chatbot recommended a ‘small hit of meth to get through this week’ to a fictional former addict.”
The Act does not prohibit the use of AI tools for certain tasks. It specifically allows AI tools to be used for administrative support, which includes: (1) managing appointment scheduling and reminders; (2) processing billing and insurance claims; and (3) drafting general communications related to therapy logistics that do not include therapeutic advice. It also allows the use of AI tools for supplementary support in the provision of mental health services, as long as the licensed professional “maintains full responsibility for all interactions, outputs, and data use associated with the system.”
Prior to using an AI tool for supplementary support in therapy, the licensed professional is required to provide written notice to the patient that AI will be used, the purpose for the use of an AI tool, and obtain? consent to the use of AI during the therapy session. The Act further prohibits a licensed professional from using AI to “(1) make independent therapeutic decisions; (2) directly interact with clients in any form of therapeutic communication; (3) generate therapeutic recommendations or treatment plans without review and approval by the licensed professional; or (4) detect emotions or mental states.”
The Act does not apply to those providing religious counseling, peer support, or self-help materials and education resources available to the public that “do not purport to offer therapy or psychotherapy services.”
The Act provides the Illinois Department of Financial and Professional Regulation with enforcement authority to investigate violations and levy a fine against violators of up to $10,000 per violation.
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