Illinois · Senate Bill · 104th General Assembly (2025–2026)
SB2259
Illinois SB 2259 — An Act Concerning Regulation (Health Care Generative AI Use)

Status ● Introduced Effective N/A Passage Likelihood L

WHAT THIS BILL REGULATES · 1 REQUIREMENT TYPE

How Is This Bill Enforced

Enforcement Authority
Enforcement is split between two agencies. Violations by a licensed health facility or licensed clinic are subject to penalties implemented by the Department of Financial and Professional Regulation by rule. Violations by a physician are subject to penalties determined by the Illinois State Medical Board. No private right of action is created.
Private Right of Action
No private right of action. Enforcement is exclusive to the designated authority.
Penalties
Penalties for licensed health facilities and licensed clinics are to be implemented by the Department of Financial and Professional Regulation by rule; no specific amounts are stated in the bill. Penalties for physicians are to be determined by the Illinois State Medical Board. No monetary damages, injunctive relief, or attorney's fees are specified.

What This Bill Requires

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.

Statutory Text
Analysis & Obligations
225 ILCS 60/67(a)
Definitions

(a) As used in this Section: "Artificial intelligenceArtificial intelligence"Artificial intelligence" means a machine-based system that, for explicit or implicit objectives, infers, from the input it receives, how to generate outputs such as predictions, content, recommendations, or decisions that can influence physical or virtual environments. "Artificial intelligence" includes generative artificial intelligence.225 ILCS 60/67(a)" means a machine-based system that, for explicit or implicit objectives, infers, from the input it receives, how to generate outputs such as predictions, content, recommendations, or decisions that can influence physical or virtual environments. "Artificial intelligenceArtificial intelligence"Artificial intelligence" means a machine-based system that, for explicit or implicit objectives, infers, from the input it receives, how to generate outputs such as predictions, content, recommendations, or decisions that can influence physical or virtual environments. "Artificial intelligence" includes generative artificial intelligence.225 ILCS 60/67(a)" includes generative artificial intelligenceGenerative artificial intelligence"Generative artificial intelligence" means an automated computing system that, when prompted with human prompts, descriptions, or queries, can produce outputs that simulate human-produced content, including, but not limited to, the following: (1) textual outputs, such as short answers, essays, poetry, or longer compositions or answers; (2) image outputs, such as fine art, photographs, conceptual art, diagrams, and other images; (3) multimedia outputs, such as audio or video in the form of compositions, songs, or short-form or long-form audio or video; and (4) other content that would be otherwise produced by human means.225 ILCS 60/67(a). "ClinicClinic"Clinic" means an organized outpatient health facility that provides direct medical, surgical, dental, optometric, or podiatric advice, services, or treatment to patients who remain in the facility less than 24 hours, and that may also provide diagnostic or therapeutic services to patients in the home as an incident to care provided at the clinic facility. "Clinic" does not mean a place, establishment, or institution that solely provides advice, counseling, information, or referrals on the maintenance of health or on the means and measures to prevent or avoid sickness, disease, or injury, where that advice, counseling, information, or referral does not constitute the practice of medicine, surgery, dentistry, optometry, or podiatry.225 ILCS 60/67(a)" means an organized outpatient health facilityHealth facility"Health facility" means a facility, place, or building that is organized, maintained, and operated for the diagnosis, care, prevention, and treatment of physical or mental human illness, including convalescence and rehabilitation and including care during and after pregnancy, or for any one or more of these purposes, for one or more persons, to which the persons are admitted for a 24-hour stay or longer.225 ILCS 60/67(a) that provides direct medical, surgical, dental, optometric, or podiatric advice, services, or treatment to patients who remain in the facility less than 24 hours, and that may also provide diagnostic or therapeutic services to patients in the home as an incident to care provided at the clinicClinic"Clinic" means an organized outpatient health facility that provides direct medical, surgical, dental, optometric, or podiatric advice, services, or treatment to patients who remain in the facility less than 24 hours, and that may also provide diagnostic or therapeutic services to patients in the home as an incident to care provided at the clinic facility. "Clinic" does not mean a place, establishment, or institution that solely provides advice, counseling, information, or referrals on the maintenance of health or on the means and measures to prevent or avoid sickness, disease, or injury, where that advice, counseling, information, or referral does not constitute the practice of medicine, surgery, dentistry, optometry, or podiatry.225 ILCS 60/67(a) facility. "ClinicClinic"Clinic" means an organized outpatient health facility that provides direct medical, surgical, dental, optometric, or podiatric advice, services, or treatment to patients who remain in the facility less than 24 hours, and that may also provide diagnostic or therapeutic services to patients in the home as an incident to care provided at the clinic facility. "Clinic" does not mean a place, establishment, or institution that solely provides advice, counseling, information, or referrals on the maintenance of health or on the means and measures to prevent or avoid sickness, disease, or injury, where that advice, counseling, information, or referral does not constitute the practice of medicine, surgery, dentistry, optometry, or podiatry.225 ILCS 60/67(a)" does not mean a place, establishment, or institution that solely provides advice, counseling, information, or referrals on the maintenance of health or on the means and measures to prevent or avoid sickness, disease, or injury, where that advice, counseling, information, or referral does not constitute the practice of medicine, surgery, dentistry, optometry, or podiatry. "Generative artificial intelligenceGenerative artificial intelligence"Generative artificial intelligence" means an automated computing system that, when prompted with human prompts, descriptions, or queries, can produce outputs that simulate human-produced content, including, but not limited to, the following: (1) textual outputs, such as short answers, essays, poetry, or longer compositions or answers; (2) image outputs, such as fine art, photographs, conceptual art, diagrams, and other images; (3) multimedia outputs, such as audio or video in the form of compositions, songs, or short-form or long-form audio or video; and (4) other content that would be otherwise produced by human means.225 ILCS 60/67(a)" means an automated computing system that, when prompted with human prompts, descriptions, or queries, can produce outputs that simulate human-produced content, including, but not limited to, the following: (1) textual outputs, such as short answers, essays, poetry, or longer compositions or answers; (2) image outputs, such as fine art, photographs, conceptual art, diagrams, and other images; (3) multimedia outputs, such as audio or video in the form of compositions, songs, or short-form or long-form audio or video; and (4) other content that would be otherwise produced by human means. "Health care providerHealth care provider"Health care provider" means a physician, a registered professional nurse, or other individual appropriately licensed, certified, or registered to provide health care services.225 ILCS 60/67(a)" means a physician, a registered professional nurse, or other individual appropriately licensed, certified, or registered to provide health care services. "Health facilityHealth facility"Health facility" means a facility, place, or building that is organized, maintained, and operated for the diagnosis, care, prevention, and treatment of physical or mental human illness, including convalescence and rehabilitation and including care during and after pregnancy, or for any one or more of these purposes, for one or more persons, to which the persons are admitted for a 24-hour stay or longer.225 ILCS 60/67(a)" means a facility, place, or building that is organized, maintained, and operated for the diagnosis, care, prevention, and treatment of physical or mental human illness, including convalescence and rehabilitation and including care during and after pregnancy, or for any one or more of these purposes, for one or more persons, to which the persons are admitted for a 24-hour stay or longer. "Office of a group practiceOffice of a group practice"Office of a group practice" means an office or offices in which 2 or more physicians are legally organized as a partnership, professional corporation, or not-for-profit corporation.225 ILCS 60/67(a)" means an office or offices in which 2 or more physicians are legally organized as a partnership, professional corporation, or not-for-profit corporation. "Patient clinical informationPatient clinical information"Patient clinical information" means information relating to the health status of a patient. "Patient clinical information" does not include administrative matters, including, but not limited to, appointment scheduling, billing, or other clerical or business matters.225 ILCS 60/67(a)" means information relating to the health status of a patient. "Patient clinical informationPatient clinical information"Patient clinical information" means information relating to the health status of a patient. "Patient clinical information" does not include administrative matters, including, but not limited to, appointment scheduling, billing, or other clerical or business matters.225 ILCS 60/67(a)" does not include administrative matters, including, but not limited to, appointment scheduling, billing, or other clerical or business matters. "Physician's officePhysician's office"Physician's office" means an office of a physician in solo practice.225 ILCS 60/67(a)" means an office of a physician in solo practice.

Subsection (a) defines eight terms used throughout the new Section 67. The definition of generative artificial intelligence is broad, covering any automated computing system that produces human-simulating content in response to prompts. Notably, patient clinical information is scoped to health-status information and expressly excludes administrative matters such as scheduling and billing, meaning AI-generated messages about appointments or invoices are not subject to the disclosure requirements. The covered entities — health facilities, clinics, physician's offices, and offices of group practices — are each separately defined but not grouped under a single umbrella term.

225 ILCS 60/67(b)
AI-generated patient communication disclosure requirements
DeployerProfessional

(b)(1) 1 A health facilityHealth facility"Health facility" means a facility, place, or building that is organized, maintained, and operated for the diagnosis, care, prevention, and treatment of physical or mental human illness, including convalescence and rehabilitation and including care during and after pregnancy, or for any one or more of these purposes, for one or more persons, to which the persons are admitted for a 24-hour stay or longer.225 ILCS 60/67(a), clinicClinic"Clinic" means an organized outpatient health facility that provides direct medical, surgical, dental, optometric, or podiatric advice, services, or treatment to patients who remain in the facility less than 24 hours, and that may also provide diagnostic or therapeutic services to patients in the home as an incident to care provided at the clinic facility. "Clinic" does not mean a place, establishment, or institution that solely provides advice, counseling, information, or referrals on the maintenance of health or on the means and measures to prevent or avoid sickness, disease, or injury, where that advice, counseling, information, or referral does not constitute the practice of medicine, surgery, dentistry, optometry, or podiatry.225 ILCS 60/67(a), physician's officePhysician's office"Physician's office" means an office of a physician in solo practice.225 ILCS 60/67(a), or office of a group practiceOffice of a group practice"Office of a group practice" means an office or offices in which 2 or more physicians are legally organized as a partnership, professional corporation, or not-for-profit corporation.225 ILCS 60/67(a) that uses generative artificial intelligenceGenerative artificial intelligence"Generative artificial intelligence" means an automated computing system that, when prompted with human prompts, descriptions, or queries, can produce outputs that simulate human-produced content, including, but not limited to, the following: (1) textual outputs, such as short answers, essays, poetry, or longer compositions or answers; (2) image outputs, such as fine art, photographs, conceptual art, diagrams, and other images; (3) multimedia outputs, such as audio or video in the form of compositions, songs, or short-form or long-form audio or video; and (4) other content that would be otherwise produced by human means.225 ILCS 60/67(a) to generate written or verbal patient communications pertaining to patient clinical informationPatient clinical information"Patient clinical information" means information relating to the health status of a patient. "Patient clinical information" does not include administrative matters, including, but not limited to, appointment scheduling, billing, or other clerical or business matters.225 ILCS 60/67(a) shall ensure that the communications include both of the following: (1) A disclaimer that indicates to the patient that the communication was generated by generative artificial intelligenceGenerative artificial intelligence"Generative artificial intelligence" means an automated computing system that, when prompted with human prompts, descriptions, or queries, can produce outputs that simulate human-produced content, including, but not limited to, the following: (1) textual outputs, such as short answers, essays, poetry, or longer compositions or answers; (2) image outputs, such as fine art, photographs, conceptual art, diagrams, and other images; (3) multimedia outputs, such as audio or video in the form of compositions, songs, or short-form or long-form audio or video; and (4) other content that would be otherwise produced by human means.225 ILCS 60/67(a) and that is provided in the following manner: (A) for written communications involving physical and digital media, including letters, emails, and other occasional messages, the disclaimer shall appear prominently at the beginning of each communication; (B) for written communications involving continuous online interactions, including chat-based telehealth, the disclaimer shall be prominently displayed throughout the interaction; (C) for audio communications, the disclaimer shall be provided verbally at the start and the end of the interaction; or (D) for video communications, the disclaimer shall be prominently displayed throughout the interaction.

(b)(2) 2 Clear instructions describing how a patient may contact a human health care providerHealth care provider"Health care provider" means a physician, a registered professional nurse, or other individual appropriately licensed, certified, or registered to provide health care services.225 ILCS 60/67(a), employee of the health facilityHealth facility"Health facility" means a facility, place, or building that is organized, maintained, and operated for the diagnosis, care, prevention, and treatment of physical or mental human illness, including convalescence and rehabilitation and including care during and after pregnancy, or for any one or more of these purposes, for one or more persons, to which the persons are admitted for a 24-hour stay or longer.225 ILCS 60/67(a), clinicClinic"Clinic" means an organized outpatient health facility that provides direct medical, surgical, dental, optometric, or podiatric advice, services, or treatment to patients who remain in the facility less than 24 hours, and that may also provide diagnostic or therapeutic services to patients in the home as an incident to care provided at the clinic facility. "Clinic" does not mean a place, establishment, or institution that solely provides advice, counseling, information, or referrals on the maintenance of health or on the means and measures to prevent or avoid sickness, disease, or injury, where that advice, counseling, information, or referral does not constitute the practice of medicine, surgery, dentistry, optometry, or podiatry.225 ILCS 60/67(a), physician's officePhysician's office"Physician's office" means an office of a physician in solo practice.225 ILCS 60/67(a), or office of a group provider, or other appropriate person.

Subsection (b) imposes the bill's core disclosure obligations. Any health facility, clinic, physician's office, or office of a group practice that uses generative AI to produce written or verbal patient communications about patient clinical information must include two elements: (1) a disclaimer indicating the communication was AI-generated, with modality-specific placement rules (prominently at the beginning for occasional written messages; persistent display for chat-based and video interactions; verbal at start and end for audio), and (2) clear instructions on how the patient may contact a human health care provider or other appropriate person.

The modality-specific disclaimer rules are notable for their granularity. Chat-based telehealth and video communications require the disclaimer to be prominently displayed throughout the interaction, while traditional written messages (letters, emails) need it only at the beginning. Audio communications require verbal delivery at both the start and end.

Compliance actions 2 items
1
Health facilities, clinicsClinic"Clinic" means an organized outpatient health facility that provides direct medical, surgical, dental, optometric, or podiatric advice, services, or treatment to patients who remain in the facility less than 24 hours, and that may also provide diagnostic or therapeutic services to patients in the home as an incident to care provided at the clinic facility. "Clinic" does not mean a place, establishment, or institution that solely provides advice, counseling, information, or referrals on the maintenance of health or on the means and measures to prevent or avoid sickness, disease, or injury, where that advice, counseling, information, or referral does not constitute the practice of medicine, surgery, dentistry, optometry, or podiatry.225 ILCS 60/67(a), physician's officesPhysician's office"Physician's office" means an office of a physician in solo practice.225 ILCS 60/67(a), and offices of group practices that use generative AI to generate written or verbal patient communications pertaining to patient clinical informationPatient clinical information"Patient clinical information" means information relating to the health status of a patient. "Patient clinical information" does not include administrative matters, including, but not limited to, appointment scheduling, billing, or other clerical or business matters.225 ILCS 60/67(a) must include a disclaimer indicating that the communication was generated by generative artificial intelligenceGenerative artificial intelligence"Generative artificial intelligence" means an automated computing system that, when prompted with human prompts, descriptions, or queries, can produce outputs that simulate human-produced content, including, but not limited to, the following: (1) textual outputs, such as short answers, essays, poetry, or longer compositions or answers; (2) image outputs, such as fine art, photographs, conceptual art, diagrams, and other images; (3) multimedia outputs, such as audio or video in the form of compositions, songs, or short-form or long-form audio or video; and (4) other content that would be otherwise produced by human means.225 ILCS 60/67(a). The disclaimer must be provided as follows: (A) for written communications involving physical and digital media (letters, emails, occasional messages), prominently at the beginning of each communication; (B) for written communications involving continuous online interactions (including chat-based telehealth), prominently displayed throughout the interaction; (C) for audio communications, verbally at the start and end of the interaction; (D) for video communications, prominently displayed throughout the interaction.
T-01.1
2
Health facilities, clinicsClinic"Clinic" means an organized outpatient health facility that provides direct medical, surgical, dental, optometric, or podiatric advice, services, or treatment to patients who remain in the facility less than 24 hours, and that may also provide diagnostic or therapeutic services to patients in the home as an incident to care provided at the clinic facility. "Clinic" does not mean a place, establishment, or institution that solely provides advice, counseling, information, or referrals on the maintenance of health or on the means and measures to prevent or avoid sickness, disease, or injury, where that advice, counseling, information, or referral does not constitute the practice of medicine, surgery, dentistry, optometry, or podiatry.225 ILCS 60/67(a), physician's officesPhysician's office"Physician's office" means an office of a physician in solo practice.225 ILCS 60/67(a), and offices of group practices that use generative AI to generate written or verbal patient communications pertaining to patient clinical informationPatient clinical information"Patient clinical information" means information relating to the health status of a patient. "Patient clinical information" does not include administrative matters, including, but not limited to, appointment scheduling, billing, or other clerical or business matters.225 ILCS 60/67(a) must include clear instructions describing how the patient may contact a human health care providerHealth care provider"Health care provider" means a physician, a registered professional nurse, or other individual appropriately licensed, certified, or registered to provide health care services.225 ILCS 60/67(a), employee, or other appropriate person at the facility.
T-01.1
225 ILCS 60/67(c)
Human review exemption

(c) If a communication is generated by generative artificial intelligenceGenerative artificial intelligence"Generative artificial intelligence" means an automated computing system that, when prompted with human prompts, descriptions, or queries, can produce outputs that simulate human-produced content, including, but not limited to, the following: (1) textual outputs, such as short answers, essays, poetry, or longer compositions or answers; (2) image outputs, such as fine art, photographs, conceptual art, diagrams, and other images; (3) multimedia outputs, such as audio or video in the form of compositions, songs, or short-form or long-form audio or video; and (4) other content that would be otherwise produced by human means.225 ILCS 60/67(a) and read and reviewed by a human licensed or certified health care providerHealth care provider"Health care provider" means a physician, a registered professional nurse, or other individual appropriately licensed, certified, or registered to provide health care services.225 ILCS 60/67(a), the requirements of subdivision (b) do not apply.

Subsection (c) creates an exemption from the subsection (b) disclosure requirements when a human licensed or certified health care provider has read and reviewed the AI-generated communication before it is sent to the patient. This effectively creates a safe harbor: if a qualified human reviews the output, the communication is treated as human-reviewed and no AI disclaimer or human-contact instructions are required. The exemption turns on the reviewer holding a license or certification, not merely being an employee of the facility.

225 ILCS 60/67(d)–(e)
Enforcement and penalties

(d) A violation of this Section by a licensed health facilityHealth facility"Health facility" means a facility, place, or building that is organized, maintained, and operated for the diagnosis, care, prevention, and treatment of physical or mental human illness, including convalescence and rehabilitation and including care during and after pregnancy, or for any one or more of these purposes, for one or more persons, to which the persons are admitted for a 24-hour stay or longer.225 ILCS 60/67(a) or a licensed clinicClinic"Clinic" means an organized outpatient health facility that provides direct medical, surgical, dental, optometric, or podiatric advice, services, or treatment to patients who remain in the facility less than 24 hours, and that may also provide diagnostic or therapeutic services to patients in the home as an incident to care provided at the clinic facility. "Clinic" does not mean a place, establishment, or institution that solely provides advice, counseling, information, or referrals on the maintenance of health or on the means and measures to prevent or avoid sickness, disease, or injury, where that advice, counseling, information, or referral does not constitute the practice of medicine, surgery, dentistry, optometry, or podiatry.225 ILCS 60/67(a) is subject to penalties as implemented by the Department by rule.

(e) A violation of this Section by a physician is subject to penalties as determined by the Medical Board.

Subsections (d) and (e) establish enforcement authority. Licensed health facilities and licensed clinics face penalties implemented by the Department of Financial and Professional Regulation by rule, while physicians face penalties determined by the Illinois State Medical Board. The bill does not specify penalty amounts or types, delegating that determination entirely to the relevant regulatory body. No private right of action is created.

Passage Likelihood

Low
Status Introduced
Chamber No passage
Committee No action
Majority party Yes
Bipartisan No
Prior session None

Legislative History

2025-02-07 Filed with Secretary by Sen. Laura Fine
2025-02-07 First Reading
2025-02-07 Referred to Assignments
2025-03-12 Assigned to Executive
2025-03-12 Senate Committee Amendment No. 1 Filed with Secretary by Sen. Laura Fine
2025-03-12 Senate Committee Amendment No. 1 Referred to Assignments
2025-03-18 Senate Committee Amendment No. 1 Assignments Refers to Executive
2025-03-19 To AI and Social Media
2025-03-21 Rule 2-10 Committee Deadline Established As April 11, 2025
2025-04-03 Senate Committee Amendment No. 1 To AI and Social Media
2025-04-11 Rule 3-9(a) / Re-referred to Assignments
2025-04-11 Senate Committee Amendment No. 1 Rule 3-9(a) / Re-referred to Assignments

Entry Last Reviewed

2026-05-20
AI generated