Source: Holland & Knight

Holland & Knight provides an analysis of a new law in Illinois that imposes significant restrictions on the use of artificial intelligence in the context of mental health therapy and counseling. This pioneering legislation is one of the first in the nation to specifically target the growing market of AI-powered mental health applications and chatbots. The law aims to protect vulnerable consumers by establishing clear boundaries for what AI can and cannot do in a therapeutic setting. A central provision of the new statute prohibits AI systems from providing a mental health diagnosis or creating a treatment plan without the direct supervision and final approval of a licensed human therapist. This ensures that critical clinical decisions remain in the hands of qualified professionals.

Furthermore, the Illinois law mandates stringent transparency requirements for companies offering these AI services. Providers must clearly and conspicuously disclose to users that they are interacting with an AI system and not a human therapist. They must also provide detailed information about the capabilities and limitations of the AI technology. The law addresses data privacy concerns, stipulating that personal health information collected by these AI platforms is subject to existing health privacy laws and cannot be used for commercial purposes without explicit user consent. This legislation signals a growing trend of regulatory scrutiny over the digital health sector, particularly where AI intersects with sensitive medical services, establishing a framework of accountability and patient safety that other states may look to emulate.