WHAT THIS BILL REGULATES · 1 REQUIREMENT TYPE
How Is This Bill Enforced
Verbatim statutory text on the left; plain-language analysis and a per-section checklist on the right. Numbered markers cross-link to the matching checklist row.
(a) 1 As used in this Section, "permitted use of artificial intelligenceArtificial intelligence"Artificial intelligence" has the meaning given to that term in Section 2-101 of the Illinois Human Rights Act.Section 10" means the use of artificial intelligenceArtificial intelligence"Artificial intelligence" has the meaning given to that term in Section 2-101 of the Illinois Human Rights Act.Section 10 tools or systems by a licensed professionalLicensed professional"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.Section 10 to assist in providing administrative supportAdministrative support"Administrative support" means tasks performed to assist a licensed professional in the delivery of therapy or psychotherapy services that do not involve communication. "Administrative support" includes, but is not limited to, the following: (1) managing appointment scheduling and reminders; (2) processing billing and insurance claims; and (3) drafting general communications related to therapy logistics that do not include therapeutic advice.Section 10 or supplementary supportSupplementary support"Supplementary support" means tasks performed to assist a licensed professional in the delivery of therapy or psychotherapy services that do not involve therapeutic communication and that are not administrative support. "Supplementary support" includes, but is not limited to, the following: (1) preparing and maintaining client records, including therapy notes; (2) analyzing anonymized data to track client progress or identify trends, subject to review by a licensed professional; and (3) identifying and organizing external resources or referrals for client use.Section 10 in therapy or psychotherapy servicesTherapy or psychotherapy services"Therapy or psychotherapy services" means services provided to diagnose, treat, or improve an individual's mental health or behavioral health. "Therapy or psychotherapy services" does not include religious counseling or peer support.Section 10 where the licensed professionalLicensed professional"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.Section 10 maintains full responsibility for all interactions, outputs, and data use associated with the system and satisfies the requirements of subsection (b).
(b) 2 No licensed professionalLicensed professional"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.Section 10 shall be permitted to use artificial intelligenceArtificial intelligence"Artificial intelligence" has the meaning given to that term in Section 2-101 of the Illinois Human Rights Act.Section 10 to assist in providing supplementary supportSupplementary support"Supplementary support" means tasks performed to assist a licensed professional in the delivery of therapy or psychotherapy services that do not involve therapeutic communication and that are not administrative support. "Supplementary support" includes, but is not limited to, the following: (1) preparing and maintaining client records, including therapy notes; (2) analyzing anonymized data to track client progress or identify trends, subject to review by a licensed professional; and (3) identifying and organizing external resources or referrals for client use.Section 10 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 intelligenceArtificial intelligence"Artificial intelligence" has the meaning given to that term in Section 2-101 of the Illinois Human Rights Act.Section 10 will be used; and (B) the specific purpose of the artificial intelligenceArtificial intelligence"Artificial intelligence" has the meaning given to that term in Section 2-101 of the Illinois Human Rights Act.Section 10 tool or system that will be used; and (2) the patient or the patient's legally authorized representative provides consentConsent"Consent" means a clear, explicit affirmative act by an individual that: (i) unambiguously communicates the individual's express, freely given, informed, voluntary, specific, and unambiguous written agreement, including a written agreement provided by electronic means, and (ii) is revocable by the individual. "Consent" does not include an agreement that is obtained by the following: (1) the acceptance of a general or broad terms of use agreement or a similar document that contains descriptions of artificial intelligence along with other unrelated information; (2) an individual hovering over, muting, pausing, or closing a given piece of digital content; or (3) an agreement obtained through the use of deceptive actions.Section 10 to the use of artificial intelligenceArtificial intelligence"Artificial intelligence" has the meaning given to that term in Section 2-101 of the Illinois Human Rights Act.Section 10.
Section 15 defines the narrow scope within which licensed professionals may use AI in therapy or psychotherapy. AI use is restricted to administrative support and supplementary support tasks, with the licensed professional maintaining full responsibility for all interactions, outputs, and data use. Subsection (b) imposes additional requirements when AI is used to record or transcribe therapeutic sessions — requiring written informed notice and revocable consent from the patient or their legally authorized representative.
(a) 3 An individual, corporation, or entity may not provide, advertise, or otherwise offer therapy or psychotherapy servicesTherapy or psychotherapy services"Therapy or psychotherapy services" means services provided to diagnose, treat, or improve an individual's mental health or behavioral health. "Therapy or psychotherapy services" does not include religious counseling or peer support.Section 10, including through the use of Internet-based artificial intelligenceArtificial intelligence"Artificial intelligence" has the meaning given to that term in Section 2-101 of the Illinois Human Rights Act.Section 10, to the public in this State unless the therapy or psychotherapy servicesTherapy or psychotherapy services"Therapy or psychotherapy services" means services provided to diagnose, treat, or improve an individual's mental health or behavioral health. "Therapy or psychotherapy services" does not include religious counseling or peer support.Section 10 are conducted by an individual who is a licensed professionalLicensed professional"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.Section 10.
(b) 4 A licensed professionalLicensed professional"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.Section 10 may use artificial intelligenceArtificial intelligence"Artificial intelligence" has the meaning given to that term in Section 2-101 of the Illinois Human Rights Act.Section 10 only to the extent the use meets the requirements of Section 15. A licensed professionalLicensed professional"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.Section 10 may not allow artificial intelligenceArtificial intelligence"Artificial intelligence" has the meaning given to that term in Section 2-101 of the Illinois Human Rights Act.Section 10 to do any of the following: (1) make independent therapeutic decisions; (2) directly interact with clients in any form of therapeutic communicationTherapeutic communication"Therapeutic communication" means any verbal, non-verbal, or written interaction conducted in a clinical or professional setting that is intended to diagnose, treat, or address an individual's mental, emotional, or behavioral health concerns. "Therapeutic communication" includes, but is not limited to: (1) direct interactions with clients for the purpose of understanding or reflecting their thoughts, emotions, or experiences; (2) providing guidance, therapeutic strategies, or interventions designed to achieve mental health outcomes; (3) offering emotional support, reassurance, or empathy in response to psychological or emotional distress; (4) collaborating with clients to develop or modify therapeutic goals or treatment plans; and (5) offering behavioral feedback intended to promote psychological growth or address mental health conditions.Section 10; (3) generate therapeutic recommendations or treatment plans without review and approval by the licensed professionalLicensed professional"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.Section 10; or (4) detect emotions or mental states.
Section 20 is the Act's core prohibition. Subsection (a) prohibits any individual, corporation, or entity from providing, advertising, or offering therapy or psychotherapy services — including through internet-based AI — unless those services are conducted by a licensed professional. Subsection (b) then constrains how licensed professionals may use AI, categorically prohibiting AI from making independent therapeutic decisions, directly interacting with clients in therapeutic communication, generating treatment plans without professional review, or detecting emotions or mental states.
The prohibition in subsection (a) is notable for its breadth: it applies to any entity, not just AI developers or deployers, and covers advertising as well as actual provision of services. This would reach AI chatbot companies marketing therapy-like services to Illinois consumers.
5 All records kept by a licensed professionalLicensed professional"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.Section 10 and all communications between an individual seeking therapy or psychotherapy servicesTherapy or psychotherapy services"Therapy or psychotherapy services" means services provided to diagnose, treat, or improve an individual's mental health or behavioral health. "Therapy or psychotherapy services" does not include religious counseling or peer support.Section 10 and a licensed professionalLicensed professional"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.Section 10 shall be confidential and shall not be disclosed except as required under the Mental Health and Developmental Disabilities Confidentiality Act.
Section 25 imposes a blanket confidentiality obligation on all records kept by a licensed professional and all communications between an individual seeking therapy or psychotherapy services and a licensed professional. Disclosure is prohibited except as required under the existing Mental Health and Developmental Disabilities Confidentiality Act. This provision reinforces existing Illinois mental health privacy law and extends its protections to records generated with AI assistance.
(a) Any individual, corporation, or entity found in violation of this Act shall pay a civil penalty to the DepartmentDepartment"Department" means the Department of Financial and Professional Regulation.Section 10 in an amount not to exceed $10,000 per violation, as determined by the DepartmentDepartment"Department" means the Department of Financial and Professional Regulation.Section 10, with penalties assessed based on the degree of harm and the circumstances of the violation. The civil penalty shall be assessed by the DepartmentDepartment"Department" means the Department of Financial and Professional Regulation.Section 10 after a hearing is held in accordance with Section 2105-100 of the Department of Professional Regulation Law of the Civil Administrative Code of Illinois. An individual, corporation, or entity found in violation of this Act shall pay the civil penalty within 60 days after the date of an order by the DepartmentDepartment"Department" means the Department of Financial and Professional Regulation.Section 10 imposing the civil penalty. The order shall constitute a judgment and may be filed and executed in the same manner as any judgment from a court of record.
(b) The DepartmentDepartment"Department" means the Department of Financial and Professional Regulation.Section 10 shall have authority to investigate any actual, alleged, or suspected violation of this Act.
Section 30 establishes the enforcement framework. The Department of Financial and Professional Regulation has exclusive authority to investigate violations and assess civil penalties up to $10,000 per violation after an administrative hearing. Penalties are calibrated to the degree of harm and circumstances of the violation. The Department's penalty order constitutes a judgment that may be filed and executed as a court judgment, and must be paid within 60 days.
This Act does not apply to the following: (1) religious counselingReligious counseling"Religious counseling" means counseling provided by clergy members, pastoral counselors, or other religious leaders acting within the scope of their religious duties if the services are explicitly faith-based and are not represented as clinical mental health services or therapy or psychotherapy services.Section 10; (2) peer supportPeer support"Peer support" means services provided by individuals with lived experience of mental health conditions or recovery from substance use that are intended to offer encouragement, understanding, and guidance without clinical intervention.Section 10; and (3) self-help materials and educational resources that are available to the public and do not purport to offer therapy or psychotherapy servicesTherapy or psychotherapy services"Therapy or psychotherapy services" means services provided to diagnose, treat, or improve an individual's mental health or behavioral health. "Therapy or psychotherapy services" does not include religious counseling or peer support.Section 10.
Section 35 carves out three categories of activity from the Act's scope: religious counseling (as separately defined in Section 10), peer support (also defined in Section 10), and self-help materials and educational resources that are available to the public and do not purport to offer therapy or psychotherapy services. These exceptions preserve access to faith-based and community mental health support while maintaining the Act's prohibition on unlicensed AI therapy.