HB-1806
IL · State · USA
IL
USA
● Passed
Proposed Effective Date
2025-01-01
Illinois HB 1806 — Wellness and Oversight for Psychological Resources Act
Restricts the use of AI in therapy and psychotherapy services in Illinois. Prohibits any individual, corporation, or entity from providing, advertising, or offering therapy or psychotherapy services through AI unless the services are conducted by a state-licensed professional. Licensed professionals may use AI only for administrative support and supplementary support tasks — AI may not make independent therapeutic decisions, directly interact with clients therapeutically, generate treatment plans without professional review, or detect emotions or mental states. Use of AI to record or transcribe therapeutic sessions requires written informed consent that is revocable. Enforced by the Department of Financial and Professional Regulation with civil penalties up to $10,000 per violation. Exceptions exist for religious counseling, peer support, and self-help materials.
Summary

Restricts the use of AI in therapy and psychotherapy services in Illinois. Prohibits any individual, corporation, or entity from providing, advertising, or offering therapy or psychotherapy services through AI unless the services are conducted by a state-licensed professional. Licensed professionals may use AI only for administrative support and supplementary support tasks — AI may not make independent therapeutic decisions, directly interact with clients therapeutically, generate treatment plans without professional review, or detect emotions or mental states. Use of AI to record or transcribe therapeutic sessions requires written informed consent that is revocable. Enforced by the Department of Financial and Professional Regulation with civil penalties up to $10,000 per violation. Exceptions exist for religious counseling, peer support, and self-help materials.

Enforcement & Penalties
Enforcement Authority
Department of Financial and Professional Regulation (DFPR) has authority to investigate any actual, alleged, or suspected violation. Enforcement is agency-initiated. Civil penalties are assessed by the Department after a hearing conducted in accordance with Section 2105-100 of the Department of Professional Regulation Law of the Civil Administrative Code of Illinois. No private right of action is created by the Act.
Penalties
Civil penalty not to exceed $10,000 per violation, as determined by the Department, with penalties assessed based on the degree of harm and the circumstances of the violation. The order constitutes a judgment and may be filed and executed in the same manner as any judgment from a court of record. Payment is due within 60 days of the Department's order. No private damages, injunctive relief, or attorney fee provisions.
Who Is Covered
"Licensed professional" means an individual who holds a valid license issued by this State to provide therapy or psychotherapy services, including: (1) a licensed clinical psychologist; (2) a licensed clinical social worker; (3) a licensed social worker; (4) a licensed professional counselor; (5) a licensed clinical professional counselor; (6) a licensed marriage and family therapist; (7) a certified alcohol and other drug counselor authorized to provide therapy or psychotherapy services; (8) a licensed professional music therapist; (9) a licensed advanced practice psychiatric nurse as defined in Section 1-101.3 of the Mental Health and Developmental Disabilities Code; and (10) any other professional authorized by this State to provide therapy or psychotherapy services, except for a physician.
Compliance Obligations 6 obligations · click obligation ID to open requirement page
HC-02 AI in Licensed Professional Practice Restrictions · HC-02.1 · Professional · Healthcare
Section 15(a)-(b)
Plain Language
Licensed professionals may use AI in therapy or psychotherapy only for administrative support (scheduling, billing, logistics communications) and supplementary support (record-keeping, anonymized data analysis, resource organization). The licensed professional must maintain full responsibility for all interactions, outputs, and data use associated with the AI system. AI may not be used for any task involving therapeutic communication. This is a continuing accountability obligation — the professional cannot delegate responsibility to the AI system.
Statutory Text
(a) As used in this Section, "permitted use of artificial intelligence" means the use of artificial intelligence tools or systems by a licensed professional to assist in providing administrative support or supplementary support in therapy or psychotherapy services where the licensed professional maintains full responsibility for all interactions, outputs, and data use associated with the system and satisfies the requirements of subsection (b).
HC-02 AI in Licensed Professional Practice Restrictions · HC-02.4 · Professional · Healthcare
Section 15(b)(1)-(2)
Plain Language
Before using AI to record or transcribe a therapeutic session, the licensed professional must inform the patient (or their legally authorized representative) in writing that AI will be used and what its specific purpose is, and must obtain written, informed, revocable consent. Consent cannot be obtained through general terms of service, passive UI interactions, or deceptive practices — it must be a clear, explicit, specific affirmative act. The patient may revoke consent at any time. This obligation applies specifically to the recording/transcription use case within supplementary support.
Statutory Text
(b) No licensed professional shall be permitted to use artificial intelligence to assist in providing supplementary support in therapy or psychotherapy where the client's therapeutic session is recorded or transcribed unless: (1) the patient or the patient's legally authorized representative is informed in writing of the following: (A) that artificial intelligence will be used; and (B) the specific purpose of the artificial intelligence tool or system that will be used; and (2) the patient or the patient's legally authorized representative provides consent to the use of artificial intelligence.
HC-02 AI in Licensed Professional Practice Restrictions · HC-02.3 · DeployerProfessional · Healthcare
Section 20(a)
Plain Language
No person or entity — including AI platform operators, corporations, or individuals — may provide, advertise, or offer therapy or psychotherapy services to the public in Illinois unless those services are conducted by a state-licensed professional. This is a categorical prohibition on AI-only therapy: an AI system cannot independently deliver therapy or psychotherapy, even if clearly labeled as AI. The prohibition covers Internet-based AI specifically. Exceptions exist for religious counseling, peer support, and self-help materials that do not purport to offer therapy.
Statutory Text
(a) An individual, corporation, or entity may not provide, advertise, or otherwise offer therapy or psychotherapy services, including through the use of Internet-based artificial intelligence, to the public in this State unless the therapy or psychotherapy services are conducted by an individual who is a licensed professional.
HC-02 AI in Licensed Professional Practice Restrictions · HC-02.2 · Professional · Healthcare
Section 20(b)
Plain Language
Licensed professionals face four specific prohibitions on AI use in therapy: AI may not (1) make independent therapeutic decisions, (2) directly interact with clients in any form of therapeutic communication, (3) generate treatment plans or therapeutic recommendations without the licensed professional's review and approval, or (4) detect emotions or mental states. The definition of therapeutic communication is broad — it covers diagnosis, guidance, emotional support, treatment planning collaboration, and behavioral feedback. This effectively bars AI from any client-facing therapeutic role and from emotion recognition in clinical contexts.
Statutory Text
(b) A licensed professional may use artificial intelligence only to the extent the use meets the requirements of Section 15. A licensed professional may not allow artificial intelligence to do any of the following: (1) make independent therapeutic decisions; (2) directly interact with clients in any form of therapeutic communication; (3) generate therapeutic recommendations or treatment plans without review and approval by the licensed professional; or (4) detect emotions or mental states.
Other · Healthcare
Section 25
Plain Language
Records and communications associated with therapy or psychotherapy services must remain confidential and may only be disclosed under the existing Mental Health and Developmental Disabilities Confidentiality Act. This provision does not create a new AI-specific compliance obligation — it confirms that existing confidentiality requirements apply to all records, including those generated or maintained with AI assistance.
Statutory Text
All records kept by a licensed professional and all communications between an individual seeking therapy or psychotherapy services and a licensed professional shall be confidential and shall not be disclosed except as required under the Mental Health and Developmental Disabilities Confidentiality Act.
Other · Healthcare
Section 35
Plain Language
The Act does not apply to religious counseling (faith-based counseling by clergy not represented as clinical services), peer support (non-clinical encouragement by individuals with lived experience), or self-help materials and educational resources that do not purport to offer therapy. These exceptions are relevant to AI platform operators assessing whether their products fall within the Act's scope — an AI tool that provides general self-help content or educational resources without purporting to offer therapy or psychotherapy services would not be covered.
Statutory Text
This Act does not apply to the following: (1) religious counseling; (2) peer support; and (3) self-help materials and educational resources that are available to the public and do not purport to offer therapy or psychotherapy services.