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Illinois Gov. Pritzker inks legislation prohibiting AI therapy

The new law bans the use of AI for mental health and therapeutic decision-making, but states it can be used for administrative and supplementary support services.
By Anthony Vecchione , Anthony Vecchione
Ilinois state capitol
Photo: On-Track/Getty Images

Illinois Gov. JB Pritzker signed legislation that limits the use of AI in therapy and psychotherapy services. 

The Wellness and Oversight for Psychological Resources Act prohibits the use of AI to provide mental health and therapeutic decision-making, but allows the use of AI for administrative and supplementary support services for licensed behavioral health professionals.

"The purpose of this Act is to safeguard individuals seeking therapy or psychotherapy services by ensuring these services are delivered by qualified, licensed or certified professionals," the act reads. 

"This Act is intended to protect consumers from unlicensed or unqualified providers, including unregulated artificial intelligence systems, while respecting individual choice and access to community-based and faith-based mental health support."

In a statement, the Illinois Department of Financial and Professional Regulation (IDFPR) Secretary Mario Treto said, "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."

Treto said the legislation aims to safeguard the well-being of Illinois residents by ensuring that mental health services are delivered by trained experts who prioritize patient care.

IDFPR said the act is the result of "productive collaboration" between the IDFPR, lawmakers in the Illinois General Assembly and the National Association of Social Workers, Illinois Chapter (NASW-IL) and "comes as more stories emerge about the risks of utilizing AI in providing direct therapy treatment."

Additionally, IDFPR will now have the authority to investigate all alleged violations of the act, and all substantiated violations will result in a fine of up to $10,000 to be paid to the IDFPR. 

THE LARGER TREND

In April, The White House Office of Management and Budget (OMB) released two memos directed to the heads of all executive branch departments and agencies establishing policies on federal AI use and purchase of AI in government

The memos, which align with an executive order President Donald Trump signed in January, replaced former President Joe Biden's previous guidance (M-24-10 and M-24-18) but maintained some of the same recommendations.  

The first memo (M-25-21) directed agencies to "lessen the burden of bureaucratic restrictions and to build effective policies and processes for the timely deployment of AI." 

The memo directs agencies to accelerate the use of AI by focusing on three priorities: innovation, governance and public trust.  

It says agencies must maximize existing investments by reusing data, models and code and prioritizing U.S.-developed AI products. It emphasizes the need for "robust risk management, particularly for 'high-impact AI.'"

In March, at the 2025 HIMSS Global Conference & Exhibition, Tom Leary, senior vice president and head of government relations at HIMSS, and Jonathan French, senior director of public policy and content development at HIMSS, discussed the organization's role in progressing health technology policy in government

In their talk, "Forecasting the Global Policy Landscape in 2025," the pair highlighted ways HIMSS establishes policy guidelines and what those recommendations consist of.

In February, proposed legislation introduced in the U.S. House of Representatives would allow AI and machine learning technology to prescribe drugs approved by the FDA autonomously. 

The bill, H.R.238, introduced on Jan. 7, would require amending the Federal Food, Drug, and Cosmetic Act (FFDCA) to "clarify that artificial intelligence and machine learning technologies can qualify as a practitioner eligible, to prescribe drugs if authorized by the State involved and approved, cleared or authorized by the Food and Drug Administration and for other purposes." The bill is still pending. 

That same month, the European Union released guidelines to provide legal clarity on the prohibited uses of AI within the EU AI Act, ensuring effective, consistent and uniform application and protecting European citizens' rights and safety.

The EU AI Act, which outlines regulations for the development, market placement, implementation and use of artificial intelligence in the European Union, came into effect in August 2024