States Take Action: Strengthening AI Regulations in Behavioral Health Care

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States Take Action: Strengthening AI Regulations in Behavioral Health Care

Earlier this month, Illinois Governor J.B. Pritzker took a significant step by signing a law that bans the use of artificial intelligence (AI) in mental health decisions unless a licensed clinician oversees it. This move puts Illinois in line with other states that are closely examining how AI is integrated into health care. In fact, over 250 bills targeting AI in health care are making their way through state legislatures nationwide, as noted by WESA radio.

This new law, known as the Wellness and Oversight for Psychological Resources Act, ensures that only licensed professionals can provide psychotherapy services. It carries penalties for violations of up to $10,000 but allows AI to assist trained behavioral health providers in non-clinical tasks. This legislation aims to protect patients from unregulated AI products while also keeping jobs secure for qualified professionals.

Concerns about unregulated AI in mental health care are growing. Reports indicate that there have been troubling incidents involving AI chatbots giving harmful advice to susceptible users. As highlighted in a Washington Post article, some chatbots have even been part of conversations that led to dangerous situations.

Mario Treto Jr., head of the Illinois Department of Financial and Professional Regulation, emphasized the importance of delivering mental health services through qualified professionals rather than through potentially unsafe AI programs. “The people of Illinois deserve quality health care from real, qualified professionals,” he said.

Several other states are also taking action. For example, Nevada has passed a law similar to Illinois, prohibiting claims that AI can deliver professional mental health care. Utah is tightening its regulations, making it illegal for mental health chatbot providers to share user health information with third parties without clear consent. Pennsylvania is considering requiring parental approval for children to access online mental health services involving AI.

Beyond mental health, states are also regulating AI’s use in other areas of health care. For instance, Colorado demands formal risk management frameworks for “high-risk” AI systems, while Texas has enacted measures that require health care providers to verify the accuracy of AI recommendations before documenting them in patient records.

With the rapid growth of AI in health care, it’s crucial to ensure that necessary regulations keep pace. These efforts reflect a larger trend where lawmakers are prioritizing patient safety and transparency while adapting to new technology. As this landscape continues to evolve, public awareness and engagement will be key in shaping how AI is integrated responsibly into our health systems.

For ongoing updates on AI legislation, visit the National Conference of State Legislatures.



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