Bill Text: IL HB1806 | 2025-2026 | 104th General Assembly | Enrolled

---

Bill Title: Creates the Wellness and Oversight for Psychological Resources Act. Defines terms. Provides that an individual, corporation, or entity may not provide, advertise, or otherwise offer therapy or psychotherapy services to the public in the State unless the therapy or psychotherapy services are conducted by an individual who is a licensed professional. Provides that a licensed professional may use an artificial intelligence system only to the extent the use of the artificial intelligence system meets the definition of permitted use of artificial intelligence systems. Provides that a licensed professional may not use an artificial intelligence system in therapy or psychotherapy services to make independent therapeutic decisions, directly interact with clients in any form of therapeutic communication, or generate therapeutic recommendations or treatment plans without the review and approval by a licensed professional. Provides that any individual, corporation, or entity found in violation of the Act shall pay a civil penalty to the Department of Financial and Professional Regulation in an amount 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. Provides that the civil penalty shall be assessed by the Department after a hearing is held in accordance with the Department of Professional Regulation Law. Requires that an individual, corporation, or entity found in violation of the Act shall pay the civil penalty within 60 days after the date of an order by the Department imposing the civil penalty. Provides that the Department shall have authority to investigate any actual, alleged, or suspected violations of the Act. Effective immediately.

Sponsorship: Partisan Bill (Democrat 19)

Status: (Passed) 2025-08-01 - Public Act . . . . . . . . . 104-0054 [HB1806 Detail]

Download: Illinois-2025-HB1806-Enrolled.html

---

HB1806 Enrolled LRB104 07364 AAS 17404 b
AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the
Wellness and Oversight for Psychological Resources Act.
Section 5. Purpose. The purpose of this Act is to
safeguard individuals seeking therapy or psychotherapy
services by ensuring these services are delivered by
qualified, licensed, or certified professionals. This Act is
intended to protect consumers from unlicensed or unqualified
providers, including unregulated artificial intelligence
systems, while respecting individual choice and access to
community-based and faith-based mental health support.
Section 10. Definitions. In this Act:
"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

HB1806 Enrolled - 2 - LRB104 07364 AAS 17404 b
logistics that do not include therapeutic advice.
"Artificial intelligence" has the meaning given to that
term in Section 2-101 of the Illinois Human Rights Act.
"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.
"Department" means the Department of Financial and
Professional Regulation.
"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;

HB1806 Enrolled - 3 - LRB104 07364 AAS 17404 b
(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.
"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.
"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.
"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.

HB1806 Enrolled - 4 - LRB104 07364 AAS 17404 b
"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.
"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.

HB1806 Enrolled - 5 - LRB104 07364 AAS 17404 b
"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 15. Permitted use of artificial intelligence.
(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).
(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

HB1806 Enrolled - 6 - LRB104 07364 AAS 17404 b
intelligence.
Section 20. Prohibition on unauthorized therapy services.
(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.
(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.
Section 25. Disclosure of records and communications. 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

HB1806 Enrolled - 7 - LRB104 07364 AAS 17404 b
Health and Developmental Disabilities Confidentiality Act.
Section 30. Enforcement and penalties.
(a) Any individual, corporation, or entity found in
violation of this Act shall pay a civil penalty to the
Department in an amount 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 civil penalty shall be assessed by the Department 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
Department 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 Department shall have authority to investigate any
actual, alleged, or suspected violation of this Act.
Section 35. Exceptions. 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

HB1806 Enrolled - 8 - LRB104 07364 AAS 17404 b
therapy or psychotherapy services.
Section 99. Effective date. This Act takes effect upon
becoming law.