Illinois last week banned the use of artificial intelligence in mental health therapy, joining a small group of states regulating the emerging use of AI-powered chatbots for emotional support and advice. Licensed therapists in Illinois are now forbidden from using AI to make treatment decisions or communicate with clients, though they can still use AI for administrative tasks. Companies are also not allowed to offer AI-powered therapy services — or advertise chatbots as therapy tools — without the involvement of a licensed professional. Nevada passed a similar set of restrictions on AI companies offering therapy services in June, while Utah also tightened regulations for AI use in mental health in May but stopped short of banning the use of AI.
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The bans come as experts have raised alarms about the potential dangers of therapy with AI chatbots that haven’t been reviewed by regulators for safety and effectiveness. Already, cases have emerged of chatbots engaging in harmful conversations with vulnerable people — and of users revealing personal information to chatbots without realizing their conversations were not private.
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Some AI and psychiatry experts said they welcomed legislation to limit the use of an unpredictable technology in a delicate, human-centric field.
“The deceptive marketing of these tools, I think, is very obvious,” said Jared Moore, a Stanford University researcher who wrote a study on AI use in therapy. “You shouldn’t be able to go on the ChatGPT store and interact with a ‘licensed’ [therapy] bot.”
But it remains to be seen how Illinois’ ban will work in practice, said Will Rinehart, a senior fellow at the American Enterprise Institute, a conservative think tank. The law could be challenging to enforce, he said, depending on how authorities interpret its definition of therapy services: Will AI companies be able to comply by attaching disclaimers to their websites, or will any AI chatbot that describes itself as a therapist be subject to penalties?
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Mario Treto Jr., the secretary of the Illinois Department of Financial and Professional Regulation, which will enforce the ban, declined to discuss specific examples but said he would look at “the letter of the law” in evaluating cases.
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