"The state laws take different approaches. Illinois and Nevada have banned the use of AI to treat mental health. Utah placed certain limits on therapy chatbots, including requiring them to protect users' health information and to clearly disclose that the chatbot isn't human. Pennsylvania, New Jersey and California are also considering ways to regulate AI therapy. And many of the laws don't cover generic chatbots like ChatGPT, which are not explicitly marketed for therapy but are used by an untold number of people for it."
"The impact on users varies. Some apps have blocked access in states with bans. Others say they're making no changes as they wait for more legal clarity. Vaile Wright, who oversees health care innovation at the American Psychological Association, said the apps could fill a need, noting a nationwide shortage of mental health providers, high costs for care and uneven access. Mental health chatbots that are rooted in science, created with expert input and monitored by humans could change the landscape, Wright said."
State legislatures passed several laws this year that vary widely in scope and approach to AI mental-health tools. Some states, including Illinois and Nevada, banned AI use for mental health, while Utah imposed limits requiring data protections and disclosure that chatbots are not human. Other states are considering regulations. The patchwork leaves many popular generic chatbots unregulated and some apps blocked in certain states, while others maintain access pending legal clarity. Mental health advocates note potential benefits from evidence-based, expert-developed, and human-monitored chatbots amid provider shortages, high costs, and unequal access, but current laws often fall short of ensuring safety and accountability.
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