AI Frontier Institute

THERAPY RESOURCES OVERSIGHT

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Illinois HB1806, the Wellness and Oversight for Psychological Resources Act, regulates the delivery of therapy and psychotherapy services in Illinois with a specific focus on restricting the use of artificial intelligence (AI) in those settings. Under Section 20, no individual, corporation, or entity may provide, advertise, or offer therapy or psychotherapy services—including through internet-based AI—unless the services are conducted by a licensed professional (as defined in Section 10), such as a licensed clinical psychologist, licensed clinical social worker, licensed professional counselor, or licensed marriage and family therapist, among others. Section 15 permits licensed professionals to use AI only for 'administrative support' (e.g., scheduling, billing) or 'supplementary support' (e.g., maintaining client records, analyzing anonymized data), provided the licensed professional maintains full responsibility for all outputs. If a therapeutic session is recorded or transcribed and AI is used for supplementary support, the client must be informed in writing of the AI's use and specific purpose, and must provide explicit, revocable written consent (Section 15(b)). Section 20(b) prohibits licensed professionals from allowing AI to make independent therapeutic decisions, directly interact with clients in therapeutic communication, generate treatment plans without professional review, or detect emotions or mental states. Section 25 requires all records and communications to remain confidential under the Mental Health and Developmental Disabilities Confidentiality Act. Section 30 establishes civil penalties of up to $10,000 per violation, assessed by the Department of Financial and Professional Regulation after a hearing, payable within 60 days of the Department's order. Section 35 exempts religious counseling, peer support, and general self-help or educational materials from the Act's requirements. The Act takes effect upon becoming law (Section 99).

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