The Wellness and Oversight for Psychological Resources Act was passed in Illinois on August 4, 2025. If you’re providing mental health services in Illinois or using AI tools in your workflow, here’s what you need to know:

What’s the Purpose of This Law?

To protect clients by ensuring therapy is only delivered by licensed professionals not unqualified individuals or unregulated AI tools. It also promotes transparency and informed consent around the use of AI in therapy.

Who Can Provide Therapy?

Only the following licensed professionals in Illinois can legally offer therapy or psychotherapy services:

• Licensed Clinical Social Workers (LCSWs)

• Licensed Professional Counselors (LPCs, LCPCs)

• Psychologists

• Marriage & Family Therapists

• Certified addiction counselors

• Licensed music therapists

• Advanced practice psychiatric nurses
  (Physicians are excluded from this Act)

Unlicensed individuals or corporations cannot advertise or offer therapy services including via AI or digital tools.

What About AI?

Licensed professionals can use AI, but with clear limits:

Allowed:

• Admin support (e.g. scheduling, billing)

• Supplementary support (e.g. note prep, data analysis, organizing resources)
  But only if the provider retains full control and responsibility.

Not Allowed:

AI making independent clinical decisions

• AI directly interacting with clients

• AI generating treatment plans without clinician review

• AI detecting emotions or mental states

If your session is recorded or transcribed, you must:

• Inform clients in writing about AI use

• Get explicit, written consent

What Else is Important?

• All session notes and communications must remain confidential, as required by Illinois law.

• Religious counseling, peer support, and self-help materials are exempt, as long as they’re not represented as clinical therapy.

Penalties

Violating this law could result in civil fines up to $10,000 per violation, enforced by the Department of Financial and Professional Regulation.

What Berries Users Should Do:

• Review your note-taking, chatbot, or transcription tools for compliance

• Update client consent forms if using AI (especially transcription tools)

  • To help you stay compliant with the new Illinois law (HB1806), Berries offers a downloadable consent form template. It includes clear language you can use to inform clients about your use of Berries AI for documentation support and to obtain their written consent.

• Clearly label non-clinical services like peer or religious support

• Stay updated on ethical guidelines for AI in therapy

Additional Resources:

Read the full Act: Wellness and Oversight for Psychological Resources Act (HB1806)

Press Release: August 4, 2025 

This article is intended for informational and educational purposes only. Berries is not a law firm, and the content provided does not constitute legal advice. All statements, opinions, recommendations, and conclusions are provided on an “as-is” basis. Berries makes no representations regarding the accuracy or completeness of the information and disclaims any responsibility for it.