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September 15.2025
2 Minutes Read

AI Mental Health Legislation: Contrasting Approaches in Illinois and New York

Empty legislative chamber with red carpet and chandelier, AI mental health legislation.


Exploring the New AI Mental Health Legislation

In recent months, the spotlight has been cast on artificial intelligence (AI) and its implications for mental health, particularly following tragic incidents involving AI chatbots and vulnerable users. High-profile cases, like that of California teen Adam Raine, whose parents allege that OpenAI’s ChatGPT was unable to prevent their son’s suicide, have sparked a crucial dialogue about the need for structured legislation surrounding AI in mental healthcare.

Contrasting Legislative Approaches

As states approach the regulation of AI in mental health differently, a stark contrast appears between Illinois and New York's recently proposed bills. The Illinois HB 1806, or the Wellness and Oversight for Psychological Resources Act, emphasizes a restrictive framework that aims to limit AI's role in mental health care. It designates that licensed professionals must approve any AI-generated decision regarding patient care, effectively curbing the potential for AI to operate independently in therapy settings. This cautious perspective arises from a desire to protect clients from the dangers of parasocial relationships—artificial bonds formed with AI systems.

On the other hand, New York’s Senate Bill SB 3008 takes a more lenient stance by embracing a broader definition of 'AI companions.' Rather than restricting AI's engagement, this measure enforces transparency requirements, such as making it clear to users when they are interacting with an AI. Moreover, it mandates that AI systems refer individuals at risk of self-harm to established support services, helping bridge the gap between AI interaction and necessary human intervention. While both states express concerns over the establishment of the therapist-patient dynamic, they differ fundamentally in addressing the reality of AI usage in everyday contexts.

Policy Impacts and Future Considerations

These contrasting legislative approaches highlight the evolving landscape of AI governance and the challenge of balancing innovation with ethical considerations. As AI continues to permeate mental health discussions, legislators will need to find common ground that protects individuals while fostering advancements in technology. The policies being developed now will likely serve as precedents, shaping future regulations not just in mental health, but across various sectors where AI interactions occur.

In conclusion, while states like Illinois seek to restrict AI's influence in sensitive areas like mental health, others, such as New York, aim for integration through regulation. Such deliberations will shape how future technologies are integrated into care practices, posing questions about ethics, safety, and the profound human aspects of therapy.


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