Illinois has become the first U.S. state to regulate the use of artificial intelligence in mental health therapy. The new law limits AI applications in therapy to ensure patient safety and maintain professional oversight.
Scope of the Law
Under the legislation, only licensed professionals—including clinical psychologists, social workers, professional counselors, and marriage and family therapists—may provide, advertise, or offer therapy or psychotherapy in Illinois. The law defines three categories of AI use: administrative support, supplementary support, and independent therapeutic decision-making or therapeutic communication.
Permitted Uses of AI
Licensed professionals may use AI for administrative tasks, such as scheduling, billing, insurance processing, and drafting general communications unrelated to therapy. AI can also support clinical tasks, including maintaining client records, analyzing anonymized data to track progress, and identifying referrals.
However, if a client session is recorded or transcribed, professionals must obtain written consent from clients before using AI for these purposes. Consent must be specific, affirmative, and unambiguous. General terms of use or standard treatment consent forms do not satisfy this requirement. Clients must be informed in writing about the AI tool and its purpose.
Prohibited Uses of AI
The law strictly prohibits AI from making independent therapeutic decisions, directly communicating with clients, generating treatment recommendations without professional review, or detecting emotions or mental states. “Therapeutic communication” includes any verbal, non-verbal, or written interaction intended to diagnose, treat, or address mental, emotional, or behavioral health concerns.
Violations carry civil penalties of up to $10,000 per offense and may trigger investigations by the Illinois Department of Financial and Professional Regulation. Therapy records remain protected under the Mental Health and Developmental Disabilities Confidentiality Act.
Impact on Agentic AI
Agentic AI—autonomous systems capable of analyzing mental health, recognizing emotions, or even contacting emergency services—is increasingly used in therapy nationwide. Illinois’ law restricts these systems from performing independent therapeutic actions. Providers and companies must ensure AI tools are limited to administrative or supplementary tasks and that clients provide clear written consent. While agentic AI offers significant potential, its use in Illinois must comply with the state’s strict rules.
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