HB1806 104TH GENERAL ASSEMBLY

LRB104 07364 AAS 17404 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB1806

Introduced 1/28/2025, 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.

A BILL FOR

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 or supplementary support" means tasks performed to assist a licensed professional in the delivery of therapy or psychotherapy services that do not involve therapeutic communication. "Administrative or supplementary support" includes, but is not limited to:

(1) preparing and maintaining client records, including therapy notes;

(2) managing appointment scheduling and reminders;

(3) processing billing and insurance claims;

(4) analyzing anonymized data to track client progress or identify trends, subject to review by a licensed professional;

(5) identifying and organizing external resources or referrals for client use; and

(6) drafting general communications related to therapy logistics that do not include therapeutic advice.

"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, but not limited to:

(1) a licensed clinical psychologist;

(2) a licensed clinical social worker;

(3) a licensed social worker;

(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 behavioral analyst;

(9) a licensed professional music therapist;

(10) a licensed advanced practice psychiatric nurse as defined in Section 1-101.3 of the Mental Health and Developmental Disabilities Code;

(11) a licensed physician; and

(12) any other professional authorized by this State to provide therapy or psychotherapy services.

"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.

"Permitted use of artificial intelligence systems" means the use of artificial intelligence tools or systems by a licensed professional to assist in providing administrative or supplementary support in therapy or psychotherapy services if the licensed professional maintains full responsibility for all interactions, outputs, and data use associated with the system.

"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.

"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.

"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. Prohibition on unauthorized therapy services.

(a) An individual, corporation, or entity may not provide, advertise, or otherwise offer therapy or psychotherapy services 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 systems only to the extent the use meets the definition of permitted use of artificial intelligence systems. A licensed professional may not allow an artificial intelligence system to do any of the following:

(1) make independent therapeutic decisions;

(2) directly interact with clients in any form of therapeutic communication; or

(3) generate therapeutic recommendations or treatment plans without review and approval by the licensed professional.

Section 20. 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 25. 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 therapy or psychotherapy services.

Section 99. Effective date. This Act takes effect upon becoming law.