Illinois 2025-2026 Regular Session

Illinois House Bill HB1806 Compare Versions

Version 1 (Old)

Version 2 (New)

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2		-	HB1806 Engrossed LRB104 07364 AAS 17404 b
	1	+	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1806 Introduced , by Rep. Bob Morgan SYNOPSIS AS INTRODUCED: New Act 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. LRB104 07364 AAS 17404 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1806 Introduced , by Rep. Bob Morgan SYNOPSIS AS INTRODUCED: New Act New Act 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. LRB104 07364 AAS 17404 b LRB104 07364 AAS 17404 b A BILL FOR
	2	+	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1806 Introduced , by Rep. Bob Morgan SYNOPSIS AS INTRODUCED:
	3	+	New Act New Act
	4	+	New Act
	5	+	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.
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3	11		1 AN ACT concerning regulation.
4	12		2 Be it enacted by the People of the State of Illinois,
5	13		3 represented in the General Assembly:
6	14		4 Section 1. Short title. This Act may be cited as the
7	15		5 Wellness and Oversight for Psychological Resources Act.
8	16		6 Section 5. Purpose. The purpose of this Act is to
9	17		7 safeguard individuals seeking therapy or psychotherapy
10	18		8 services by ensuring these services are delivered by
11	19		9 qualified, licensed, or certified professionals. This Act is
12	20		10 intended to protect consumers from unlicensed or unqualified
13	21		11 providers, including unregulated artificial intelligence
14	22		12 systems, while respecting individual choice and access to
15	23		13 community-based and faith-based mental health support.
16	24		14 Section 10. Definitions. In this Act:
17		-	15 "Administrative support" means tasks ~~performed to assist a~~
18		-	16 licensed professional in the delivery of ~~therapy or~~
19		-	17 psychotherapy services that do not involve ~~communication.~~
20		-	18 "Administrative ~~support" includes, but is not limited to, the~~
21		-	19 ~~following~~:
22		-	20 (1) ~~managing appointment scheduling~~ and ~~reminders;~~
23		-	21 ~~(2) processing billing and insurance claims~~; ~~and~~
24		-	22 (3) ~~drafting general communications related to therapy~~
	25	+	15 "Administrative or supplementary support" means tasks
	26	+	16 performed to assist a licensed professional in the delivery of
	27	+	17 therapy or psychotherapy services that do not involve
	28	+	18 therapeutic communication. "Administrative or supplementary
	29	+	19 support" includes, but is not limited to:
	30	+	20 (1) preparing and maintaining client records,
	31	+	21 including therapy notes;
	32	+	22 (2) managing appointment scheduling and reminders;
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33		-	1 logistics that do not include therapeutic advice.
34		-	2 "Artificial intelligence" means a machine-based system
35		-	3 that, for explicit or implicit objectives, infers from the
36		-	4 input it receives how to generate output such as predictions,
37		-	5 content, recommendations, or decisions that can influence real
38		-	6 or virtual environments. "Artificial intelligence" includes
39		-	7 generative artificial intelligence, which consists of an
40		-	8 automated computing system that, when prompted with human
41		-	9 prompts, descriptions, or queries, can produce outputs that
42		-	10 simulate human-produced content, including, but not limited
43		-	11 to, the following:
44		-	12 (1) textual outputs, such as short answers, essays, or
45		-	13 poetry or longer compositions or answers;
46		-	14 (2) image outputs, such as fine art, photographs,
47		-	15 conceptual art, diagrams, or other images;
48		-	16 (3) multimedia outputs, such as audio or video in the
49		-	17 form of compositions or songs or short-form or long-form
50		-	18 audio or video; and
51		-	19 (4) other content that would be otherwise produced by
52		-	20 human means.
53		-	21 "Consent" means a clear, explicit affirmative act by an
54		-	22 individual that: (i) unambiguously communicates the
55		-	23 individual's express, freely given, informed, voluntary,
56		-	24 specific, and unambiguous written agreement, including a
57		-	25 written agreement provided by electronic means, and (ii) is
58		-	26 revocable by the individual. "Consent" does not include an
	36	+	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1806 Introduced , by Rep. Bob Morgan SYNOPSIS AS INTRODUCED:
	37	+	New Act New Act
	38	+	New Act
	39	+	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.
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	42	+	A BILL FOR
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	48	+	New Act
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69		-	1 agreement that is obtained by the following:
70		-	2 (1) the acceptance of a general or broad terms of use
71		-	3 agreement or a similar document that contains descriptions
72		-	4 of artificial intelligence along with other unrelated
73		-	5 information;
74		-	6 (2) an individual hovering over, muting, pausing, or
75		-	7 closing a given piece of digital content; or
76		-	8 (3) an agreement obtained through the use of deceptive
77		-	9 actions.
78		-	10 "Department" means the Department of Financial and
79		-	11 Professional Regulation.
80		-	12 "Licensed professional" means an individual who holds a
81		-	13 valid license issued by this State to provide therapy or
82		-	14 psychotherapy services, including:
83		-	15 (1) a licensed clinical psychologist;
84		-	16 (2) a licensed clinical social worker;
85		-	17 (3) a licensed social worker;
86		-	18 (4) a licensed professional counselor;
87		-	19 (5) a licensed clinical professional counselor;
88		-	20 (6) a licensed marriage and family therapist;
89		-	21 (7) a certified alcohol and other drug counselor
90		-	22 authorized to provide therapy or psychotherapy services;
91		-	23 (8) a licensed professional music therapist;
92		-	24 (9) a licensed advanced practice psychiatric nurse as
93		-	25 defined in Section 1-101.3 of the Mental Health and
94		-	26 Developmental Disabilities Code; and
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105		-	1 (10) any other professional authorized by this State
106		-	2 to provide therapy or psychotherapy services, except for a
107		-	3 physician.
108		-	4 "Peer support" means services provided by individuals with
109		-	5 lived experience of mental health conditions or recovery from
110		-	6 substance use that are intended to offer encouragement,
111		-	7 understanding, and guidance without clinical intervention.
112		-	8 "Religious counseling" means counseling provided by clergy
113		-	9 members, pastoral counselors, or other religious leaders
114		-	10 acting within the scope of their religious duties if the
115		-	11 services are explicitly faith-based and are not represented as
116		-	12 clinical mental health services or therapy or psychotherapy
117		-	13 services.
118		-	14 "Supplementary support" means tasks performed to assist a
119		-	15 licensed professional in the delivery of therapy or
120		-	16 psychotherapy services that do not involve therapeutic
121		-	17 communication and that are not administrative support.
122		-	18 "Supplementary support" includes, but is not limited to, the
123		-	19 following:
124		-	20 (1) preparing and maintaining client records,
125		-	21 including therapy notes;
126		-	22 (2) analyzing anonymized data to track client progress
127		-	23 or identify trends, subject to review by a licensed
128		-	24 professional; and
129		-	25 (3) identifying and organizing external resources or
130		-	26 referrals for client use.
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	67	+	1 (3) processing billing and insurance claims;
	68	+	2 (4) analyzing anonymized data to track client progress
	69	+	3 or identify trends, subject to review by a licensed
	70	+	4 professional;
	71	+	5 (5) identifying and organizing external resources or
	72	+	6 referrals for client use; and
	73	+	7 (6) drafting general communications related to therapy
	74	+	8 logistics that do not include therapeutic advice.
	75	+	9 "Department" means the Department of Financial and
	76	+	10 Professional Regulation.
	77	+	11 "Licensed professional" means an individual who holds a
	78	+	12 valid license issued by this State to provide therapy or
	79	+	13 psychotherapy services, including, but not limited to:
	80	+	14 (1) a licensed clinical psychologist;
	81	+	15 (2) a licensed clinical social worker;
	82	+	16 (3) a licensed social worker;
	83	+	17 (4) a licensed professional counselor;
	84	+	18 (5) a licensed clinical professional counselor;
	85	+	19 (6) a licensed marriage and family therapist;
	86	+	20 (7) a certified alcohol and other drug counselor
	87	+	21 authorized to provide therapy or psychotherapy services;
	88	+	22 (8) a licensed behavioral analyst;
	89	+	23 (9) a licensed professional music therapist;
	90	+	24 (10) a licensed advanced practice psychiatric nurse as
	91	+	25 defined in Section 1-101.3 of the Mental Health and
	92	+	26 Developmental Disabilities Code;
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141		-	1 "Therapeutic communication" means any verbal, non-verbal,
142		-	2 or written interaction conducted in a clinical or professional
143		-	3 setting that is intended to diagnose, treat, or address an
144		-	4 individual's mental, emotional, or behavioral health concerns.
145		-	5 "Therapeutic communication" includes, but is not limited to:
146		-	6 (1) direct interactions with clients for the purpose
147		-	7 of understanding or reflecting their thoughts, emotions,
148		-	8 or experiences;
149		-	9 (2) providing guidance, therapeutic strategies, or
150		-	10 interventions designed to achieve mental health outcomes;
151		-	11 (3) offering emotional support, reassurance, or
152		-	12 empathy in response to psychological or emotional
153		-	13 distress;
154		-	14 (4) collaborating with clients to develop or modify
155		-	15 therapeutic goals or treatment plans; and
156		-	16 (5) offering behavioral feedback intended to promote
157		-	17 psychological growth or address mental health conditions.
158		-	18 "Therapy or psychotherapy services" means services
159		-	19 provided to diagnose, treat, or improve an individual's mental
160		-	20 health or behavioral health. "Therapy or psychotherapy
161		-	21 services" does not include religious counseling or peer
162		-	22 support.
163		-	23 Section 15. Permitted use of artificial intelligence.
164		-	24 (a) As used in this Section, "permitted use of artificial
165		-	25 intelligence" means the use of artificial intelligence tools
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	103	+	1 (11) a licensed physician; and
	104	+	2 (12) any other professional authorized by this State
	105	+	3 to provide therapy or psychotherapy services.
	106	+	4 "Peer support" means services provided by individuals with
	107	+	5 lived experience of mental health conditions or recovery from
	108	+	6 substance use that are intended to offer encouragement,
	109	+	7 understanding, and guidance without clinical intervention.
	110	+	8 "Permitted use of artificial intelligence systems" means
	111	+	9 the use of artificial intelligence tools or systems by a
	112	+	10 licensed professional to assist in providing administrative or
	113	+	11 supplementary support in therapy or psychotherapy services if
	114	+	12 the licensed professional maintains full responsibility for
	115	+	13 all interactions, outputs, and data use associated with the
	116	+	14 system.
	117	+	15 "Religious counseling" means counseling provided by clergy
	118	+	16 members, pastoral counselors, or other religious leaders
	119	+	17 acting within the scope of their religious duties if the
	120	+	18 services are explicitly faith-based and are not represented as
	121	+	19 clinical mental health services or therapy or psychotherapy
	122	+	20 services.
	123	+	21 "Therapeutic communication" means any verbal, non-verbal,
	124	+	22 or written interaction conducted in a clinical or professional
	125	+	23 setting that is intended to diagnose, treat, or address an
	126	+	24 individual's mental, emotional, or behavioral health concerns.
	127	+	25 "Therapeutic communication" includes, but is not limited to:
	128	+	26 (1) direct interactions with clients for the purpose
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176		-	1 or ~~systems by a licensed professional to assist in providing~~
177		-	2 ~~administrative support~~ or ~~supplementary support in therapy or~~
178		-	3 ~~psychotherapy services where the licensed professional~~
179		-	4 ~~maintains full responsibility for all interactions,~~ ~~outputs,~~
180		-	5 ~~and data use associated with the system and satisfies the~~
181		-	6 ~~requirements of subsection (b).~~
182		-	7 ~~(b) No licensed professional shall be permitted to use~~
183		-	8 ~~artificial intelligence~~ to ~~assist in providing supplementary~~
184		-	9 ~~support in therapy~~ or ~~psychotherapy where the client's~~
185		-	10 ~~therapeutic session is recorded or transcribed unless:~~
186		-	11 ~~(1) the patient~~ or ~~the patient's legally authorized~~
187		-	12 ~~representative is informed in writing of the following:~~
188		-	13 ~~(A) that artificial intelligence will be used;~~ ~~and~~
189		-	14 ~~(B) the specific purpose of the artificial~~
190		-	15 ~~intelligence tool~~ or ~~system that will be used; and~~
191		-	16 ~~(2) the patient or the patient's legally authorized~~
192		-	17 ~~representative provides consent to the use of artificial~~
193		-	18 ~~intelligence.~~
194		-	19 ~~Section 20.~~ ~~Prohibition on unauthorized~~ therapy ~~services.~~
195		-	20 ~~(a) An individual,~~ ~~corporation,~~ or ~~entity may not provide,~~
196		-	21 ~~advertise, or otherwise offer therapy or psychotherapy~~
197		-	22 ~~services, including through the use of Internet-based~~
198		-	23 artificial ~~intelligence, to the public in this State unless~~
199		-	24 the ~~therapy or psychotherapy services are conducted by an~~
200		-	25 ~~individual who is a licensed professional.~~
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	139	+	1 of understanding or reflecting their thoughts, emotions,
	140	+	2 or experiences;
	141	+	3 (2) providing guidance, therapeutic strategies, or
	142	+	4 interventions designed to achieve mental health outcomes;
	143	+	5 (3) offering emotional support, reassurance, or
	144	+	6 empathy in response to psychological or emotional
	145	+	7 distress;
	146	+	8 (4) collaborating with clients to develop or modify
	147	+	9 therapeutic goals or treatment plans; and
	148	+	10 (5) offering behavioral feedback intended to promote
	149	+	11 psychological growth or address mental health conditions.
	150	+	12 "Therapy or psychotherapy services" means services
	151	+	13 provided to diagnose, treat, or improve an individual's mental
	152	+	14 health or behavioral health. "Therapy or psychotherapy
	153	+	15 services" does not include religious counseling or peer
	154	+	16 support.
	155	+	17 Section 15. Prohibition on unauthorized therapy services.
	156	+	18 (a) An individual, corporation, or entity may not provide,
	157	+	19 advertise, or otherwise offer therapy or psychotherapy
	158	+	20 services to the public in this State unless the therapy or
	159	+	21 psychotherapy services are conducted by an individual who is a
	160	+	22 licensed professional.
	161	+	23 (b) A licensed professional may use artificial
	162	+	24 intelligence systems only to the extent the use meets the
	163	+	25 definition of permitted use of artificial intelligence
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211		-	1 (b) A licensed professional may use artificial
212		-	2 intelligence systems only to the extent the use meets the
213		-	3 requirements of Section 15. A licensed professional may not
214		-	4 allow an artificial intelligence system to do any of the
215		-	5 following:
216		-	6 (1) make independent therapeutic decisions;
217		-	7 (2) directly interact with clients in any form of
218		-	8 therapeutic communication;
219		-	9 (3) generate therapeutic recommendations or treatment
220		-	10 plans without review and approval by the licensed
221		-	11 professional; or
222		-	12 (4) detect emotions or mental states.
223		-	13 Section 25. Disclosure of records and communications. All
224		-	14 records kept by a licensed professional and all communications
225		-	15 between an individual seeking therapy or psychotherapy
226		-	16 services and a licensed professional shall be confidential and
227		-	17 shall not be disclosed except as required under the Mental
228		-	18 Health and Developmental Disabilities Confidentiality Act.
229		-	19 Section 30. Enforcement and penalties.
230		-	20 (a) Any individual, corporation, or entity found in
231		-	21 violation of this Act shall pay a civil penalty to the
232		-	22 Department in an amount not to exceed $10,000 per violation,
233		-	23 as determined by the Department, with penalties assessed based
234		-	24 on the degree of harm and the circumstances of the violation.
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	174	+	1 systems. A licensed professional may not allow an artificial
	175	+	2 intelligence system to do any of the following:
	176	+	3 (1) make independent therapeutic decisions;
	177	+	4 (2) directly interact with clients in any form of
	178	+	5 therapeutic communication; or
	179	+	6 (3) generate therapeutic recommendations or treatment
	180	+	7 plans without review and approval by the licensed
	181	+	8 professional.
	182	+	9 Section 20. Enforcement and penalties.
	183	+	10 (a) Any individual, corporation, or entity found in
	184	+	11 violation of this Act shall pay a civil penalty to the
	185	+	12 Department in an amount not to exceed $10,000 per violation,
	186	+	13 as determined by the Department, with penalties assessed based
	187	+	14 on the degree of harm and the circumstances of the violation.
	188	+	15 The civil penalty shall be assessed by the Department after a
	189	+	16 hearing is held in accordance with Section 2105-100 of the
	190	+	17 Department of Professional Regulation Law of the Civil
	191	+	18 Administrative Code of Illinois. An individual, corporation,
	192	+	19 or entity found in violation of this Act shall pay the civil
	193	+	20 penalty within 60 days after the date of an order by the
	194	+	21 Department imposing the civil penalty. The order shall
	195	+	22 constitute a judgment and may be filed and executed in the same
	196	+	23 manner as any judgment from a court of record.
	197	+	24 (b) The Department shall have authority to investigate any
	198	+	25 actual, alleged, or suspected violation of this Act.
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245		-	1 The civil penalty shall be assessed by the Department after a
246		-	2 hearing is held in accordance with Section 2105-100 of the
247		-	3 Department of Professional Regulation Law of the Civil
248		-	4 Administrative Code of Illinois. An individual, corporation,
249		-	5 or entity found in violation of this Act shall pay the civil
250		-	6 penalty within 60 days after the date of an order by the
251		-	7 Department imposing the civil penalty. The order shall
252		-	8 constitute a judgment and may be filed and executed in the same
253		-	9 manner as any judgment from a court of record.
254		-	10 (b) The Department shall have authority to investigate any
255		-	11 actual, alleged, or suspected violation of this Act.
256		-	12 Section 35. Exceptions. This Act does not apply to the
257		-	13 following:
258		-	14 (1) religious counseling;
259		-	15 (2) peer support; and
260		-	16 (3) self-help materials and educational resources that
261		-	17 are available to the public and do not purport to offer
262		-	18 therapy or psychotherapy services.
263		-	19 Section 99. Effective date. This Act takes effect upon
264		-	20 becoming law.
	207	+	HB1806- 6 -LRB104 07364 AAS 17404 b HB1806 - 6 - LRB104 07364 AAS 17404 b
	208	+	HB1806 - 6 - LRB104 07364 AAS 17404 b
	209	+	1 Section 25. Exceptions. This Act does not apply to the
	210	+	2 following:
	211	+	3 (1) religious counseling;
	212	+	4 (2) peer support; and
	213	+	5 (3) self-help materials and educational resources that are
	214	+	6 available to the public and do not purport to offer therapy or
	215	+	7 psychotherapy services.
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270		-	HB1806 ~~Engrossed - 8~~ - LRB104 07364 AAS 17404 b
	221	+	HB1806 - 6 - LRB104 07364 AAS 17404 b