Law / United States / Illinois

Wellness and Oversight for Psychological Resources Act

Wellness and Oversight for Psychological Resources Act, Public Act 104-0054 (HB 1806, eff. )

In force since .

An AI sector rules rule binding private bodies.

How the hook was established
express
What makes it apply
Market targeting
Obligation class
Prohibition, Disclosure, Consent
Audit expectation
none

What it requires

  • Do not provide, advertise, or offer therapy or psychotherapy services to the public in Illinois through artificial intelligence unless a licensed professional is the one actually conducting the therapy.NIST AI RMFMAP 3.3
  • If you are a licensed professional, do not let artificial intelligence make an independent therapeutic decision, interact directly with a client in therapeutic communication, generate a treatment plan without your review and approval, or detect a client's emotions or mental state.NIST AI RMFMAP 3.3
  • Give written notice and obtain the patient's consent before using artificial intelligence to record or transcribe a therapy session.NIST AI RMFMAP 1.6

These lines are LexLint's reading of the law's text.

In the frameworks

NIST AI RMF
  • MAP 1.6System requirements (e.g., “the system shall respect the privacy of its users”) are elicited from and understood by relevant AI actors. Design decisions take socio-technical implications into account to address AI risks.
  • MAP 3.3Targeted application scope is specified and documented based on the system’s capability, established context, and AI system categorization.
NIST AI 600-1
MIT mitigations Draft
  • 1.5Safety Decision Frameworks
  • 3.2Data Governance
  • 3.3Access Management
NIST Privacy Framework
  • CT.PO-P1Policies, processes, and procedures for authorizing data processing (e.g., organizational decisions, individual consent), revoking authorizations, and maintaining authorizations are established and in place.
  • CM.AW-P1Mechanisms (e.g., notices, internal or public reports) for communicating data processing purposes, practices, associated privacy risks, and options for enabling individuals’ data processing preferences and requests are established and in place.
FINOS AIGF
ETSI EN 304 223
  • 5.1.2-1Business need and security risks written down and assessed before deciding to build an AI system.
  • 5.1.4-5End-users told which uses of the system are prohibited.

Our reading of where this law's duties sit in each framework, and in the NIST AI RMF, line by line beside each duty above. It never says that running a control meets the law. How we read a framework against the law

Identifiers refer to ETSI EN 304 223 V2.1.1 (2025-12), © ETSI 2025, all rights reserved. ETSI owns the standard; no ETSI text (titles or sentences) is reproduced here. The standard is free to download from ETSI.

If you get it wrong

Criminal exposureNo

Penalty structure

The Department of Financial and Professional Regulation assesses a civil penalty of up to $10,000 per violation after a hearing, based on the degree of harm and the circumstances of the violation; the Act creates no private right of action.

Rule
Fixed only
As of
Currency
USD
Fixed cap
10,000

Who enforces it

Enforcement body

Illinois Department of Financial and Professional Regulation

Enforcement record

The Illinois Department of Financial and Professional Regulation publishes a separate monthly Consolidated Report of licensee discipline rather than one combined register; twelve have issued since the Act's effective date (August 2025 through July 2026, indexed at idfpr.illinois.gov/news/disciplines/discreports.html; the August 2026 report is not yet published), and none lists a disciplined licensee, cease-and-desist order, or civil penalty citing the Wellness and Oversight for Psychological Resources Act, artificial intelligence, or unlicensed AI therapy. Three of the twelve contain the word wellness, in two unrelated business names (Renue Spa and Wellness, September 2025; Fusion Rx Health and Wellness, October 2025) and once in a description of a routine physical wellness examination (February 2026), none reaching this Act. The most recent of the twelve is July 2026.

As of
Source link
https://idfpr.illinois.gov/content/dam/soi/en/web/idfpr/forms/discpln/2026-07enf.pdf

What it makes you log

Logging duty

Section 15(b) permits a licensed professional to use artificial intelligence to record or transcribe a therapy session only after the patient is informed in writing and consents; it conditions an optional recording on notice and consent rather than requiring one to be made, kept, or produced for oversight. Section 25 addresses confidentiality of records a licensed professional already keeps under the Mental Health and Developmental Disabilities Confidentiality Act; it restricts disclosure rather than creating a new duty to log or document artificial intelligence's use in therapy.

Kind
None
As of

What this law does

Drafted with AI

Drafted with AI from the cited sources under the direction of UnGovr staff. UnGovr holds editorial responsibility for this page. How this site is made

Research summary

Legal information, not legal advice. This is LexLint's own research summary of a public legal source, and it creates no attorney-client relationship. For decisions that matter, consult qualified counsel in the relevant jurisdiction. About LexLint

Section 20(a) bars any individual, corporation, or entity from providing, advertising, or offering therapy or psychotherapy services to the public in Illinois, including through internet-based artificial intelligence, unless the services are conducted by a licensed professional.

A licensed professional may only use AI for administrative or supplementary support, and may never let AI make an independent therapeutic decision, interact directly with a client in therapeutic communication, generate a treatment plan without the professional's review and approval, or detect a client's emotions or mental state; using AI to record or transcribe a session requires prior written notice and the patient's consent.

The Department of Financial and Professional Regulation may assess a civil penalty of up to $10,000 per violation after a hearing, with religious counseling, peer support, and public self-help material exempted.

When LexLint raises it

When your app profile says your app makes health care decisions, processes voice recordings or deploys a mental-health chatbot.

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Page updated .