Illinois General Assembly - Bill Status for HB1806

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.

Replaces everything after the enacting clause with the provisions of the introduced bill with the following changes. Defines "artificial intelligence" and "consent". Removes a licensed behavioral analyst from the individuals that are included in the meaning of "licensed professional". Adds provisions concerning the permitted use of artificial intelligence under the Act. Provides that a licensed professional may not allow an artificial intelligence system to detect emotions or mental states. Provides that all records kept by a licensed professional and all communications between an individual seeking therapy or psychotherapy services and a licensed professional shall be confidential and shall not be disclosed except as required under the Mental Health and Developmental Disabilities Confidentiality Act. Makes conforming and other changes. Effective immediately.

In provisions concerning definitions, removes the definition for "administrative or supplementary support". Adds definitions for "administrative support" and "supplementary support". Removes licensed physicians from the definition of "licensed professional". Provides that no licensed professional shall be permitted to use artificial intelligence to assist in providing supplementary support (rather than administrative or supplementary support) in therapy or psychotherapy where the client's therapeutic session is recorded or transcribed. Makes a conforming change.

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