Illinois has enacted the Wellness and Oversight for Psychological Resources Act to regulate the use of artificial intelligence (AI) in therapy and psychotherapy services. Businesses that provide professional therapy services should be aware of the limitations of how they can use AI in Illinois.
Who Is Impacted:
Under this Act, only licensed professionals may provide, advertise, or otherwise offer therapy or psychotherapy services in Illinois. Professionals licensed in Illinois to provide therapy or psychotherapy services, except for physicians, are also impacted by this Act. This includes those who are licensed as professional clinical psychologists, social workers, counselors, and therapists.
What is Prohibited:
Licensed professionals may not allow AI to any of the following:
- Make independent therapeutic decisions
- Interact with clients in any form of therapeutic communication, meaning any form of communication in a clinical or professional setting with the intent to diagnose, treat, or address an individual’s mental, emotional, or behavioral health concerns
- Create therapeutic recommendations or treatment plans without review and approval by the licensed professional
- Detect emotions or mental states
What is Allowed:
Use of AI under this Act is generally permitted when it comes to providing administrative support to licensed professionals, such as managing appointments or processing billing. Additionally licensed professionals are generally permitted to use AI to provide supplementary support, such as maintaining client records or identifying external resources for client use. However, there are additional authorization requirements from patients when it comes to use of AI for supplementary support that involves recorded or transcribed therapeutic sessions.
The following products and services are exceptions to this Act:
- Religious counseling (counseling provided by religious leaders acting within the scope of their religious duties if the services are explicitly faith-based and are not represented as clinical mental health services or therapy or psychotherapy services)
- Peer support (services provided by individuals with lived experience of mental health conditions or recovery from substance use that are intended to offer encouragement, understanding, and guidance without clinical intervention)
- Self-help materials and educational resources that are available to the public and do not claim to offer therapy or psychotherapy services
If you are unsure if you are in compliance or wish to learn more about how this Act applies to you, Albee Law is here to assist. Please contact Albee Law PC at (312) 279-0115 or by email at [email protected].
