Informing clients
Illinois: artificial intelligence may not provide therapy
In August 2025 the US state of Illinois banned AI from making therapeutic decisions or taking part in therapeutic communication. It may still help with administration, but recording or transcribing a session needs written consent.
In early August 2025 the Governor of Illinois signed the Wellness and Oversight for Psychological Resources Act. According to the state's Department of Financial and Professional Regulation (IDFPR), the law prohibits anyone from using AI to provide mental health care or to make therapeutic decisions, while allowing licensed behavioural health professionals to use it for administrative and supplementary support. It passed both chambers unanimously and took effect immediately on signature.
According to an analysis by a US law firm, it is the first state law in the country to regulate AI specifically in professional mental health care. A licensed professional may not let AI make independent therapeutic decisions, interact directly with clients in therapeutic communication, generate treatment recommendations without the clinician's review and approval, or detect emotions or mental states.
What is allowed is administrative support, such as scheduling and billing, and supplementary support, such as keeping records, analysing anonymised clinical data and organising referrals. If a session is recorded or transcribed with AI, the professional must first tell the client so in writing and obtain explicit, revocable, written consent.
The IDFPR investigates violations and can impose fines of up to $10,000 per violation. The law does not apply to religious counselling, peer support, or publicly available self-help materials that do not claim to offer therapy.
What can we learn from it?
The law applies only in Illinois, but it draws a useful line: therapeutic decisions and the therapeutic relationship belong to a person, while in administration and record keeping AI is explicitly allowed to help. That is a sound direction in practice too. With Confiella the recording does not leave your computer and the transcript is made locally, but informing the client and obtaining consent remain the professional's task. If a session is recorded or transcribed by machine, explain this in advance in plain terms, ask for written consent, and make clear that it can be withdrawn at any time.
Sources
- IDFPR: Gov Pritzker Signs Legislation Prohibiting AI Therapy in Illinois
- Baker Botts: Illinois Enacts First-in-the-Nation Guardrails on AI Therapy
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