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IL WOPR Act

Wellness and Oversight for Psychological Resources Act

Illinois law prohibiting licensed professionals from using AI systems to make independent therapeutic decisions, directly interact with clients in therapeutic communication, or detect emotions/mental states. AI limited to administrative and supplementary support with licensed professional oversight.

Jurisdiction

Illinois

US-IL

Enacted

Aug 1, 2025

Effective

Aug 1, 2025

Enforcement

Illinois Department of Financial & Professional Regulation (IDFPR)

Public Act 104-0054; enacted and effective immediately

Who Must Comply

This law applies to:

  • Licensed mental health professionals in Illinois
  • Therapy and psychotherapy service providers
  • AI systems used in mental health care settings

Capability triggers:

emotionDetection (prohibited)
therapeuticDecisions (prohibited)
therapeuticCommunication (prohibited)
Required Increases applicability

Who bears obligations:

This regulation places direct obligations on deployers (organizations using AI systems).

Safety Provisions

  • AI cannot make independent therapeutic decisions
  • AI cannot directly interact with clients in therapeutic communication
  • AI cannot generate therapeutic recommendations or treatment plans without licensed professional review
  • AI cannot detect emotions or mental states
  • Written consent required if client sessions are recorded/transcribed for AI use
  • Clear disclosure to clients about AI use and specific purpose

Compliance Timeline

Aug 1, 2025

Law takes effect immediately

Enforcement

Enforced by

Illinois Department of Financial & Professional Regulation (IDFPR)

Penalties

$10K/violation

Per violation: $10,000

Up to $10,000 per violation; payment due within 60 days of order

Quick Facts

Binding
Yes
Mental Health Focus
Yes
Child Safety Focus
Yes
Algorithmic Scope
Yes

Why It Matters

Establishes critical precedent for mental health AI regulation. Defines clear boundaries: AI can provide administrative support and crisis detection/referrals (NOPE's role) but cannot replace licensed professionals in therapeutic decision-making or emotion detection. Prohibits AI from making independent mental health treatment decisions.

Recent Developments

First state law to explicitly prohibit AI from making independent therapeutic decisions and detecting emotions/mental states. Enacted August 1, 2025 with immediate effect.

What You Need to Comply

Licensed professionals must maintain oversight of all AI systems used in mental health settings. AI is explicitly prohibited from making therapeutic decisions, detecting emotions, or interacting directly with clients in therapeutic contexts. Written informed consent required for any AI use involving client data.

NOPE can help

Cite This

APA

Illinois. (2025). Wellness and Oversight for Psychological Resources Act. Retrieved from https://nope.net/regs/us-il-hb1806

BibTeX

@misc{us_il_hb1806,
  title = {Wellness and Oversight for Psychological Resources Act},
  author = {Illinois},
  year = {2025},
  url = {https://nope.net/regs/us-il-hb1806}
}