On August 1, 2025, Illinois Governor JB Pritzker signed the Wellness and Oversight for Psychological Resources (WOPR) Act, marking a significant step in regulating artificial intelligence (AI) in mental health care. The legislation prohibits AI from independently delivering therapeutic services, ensuring that licensed professionals remain central to treatment. It also mandates explicit client consent for AI use in therapy sessions and enforces strict confidentiality standards.

Key Provisions of HB1806

• Prohibition of AI in Therapeutic Roles: The Act bans AI from making independent therapeutic decisions, directly interacting with clients in therapeutic communication, or generating treatment plans without professional review.
• Permitted Administrative Use: AI can be used for administrative tasks such as scheduling, billing, and record-keeping, as long as it does not engage in therapeutic communication.
• Consent and Confidentiality: Therapists must obtain explicit consent before using AI to record or transcribe therapy sessions, and all AI-generated data must adhere to strict confidentiality guidelines.

Discussion and Expert Perspectives

While the WOPR Act sets a precedent for AI regulation in mental health, some experts warn that the law’s vague definition of “artificial intelligence” could create enforcement challenges. Dr. Scott Wallace highlights that without a clear definition, inconsistent application and potential loopholes are possible. He stresses the need for precise legislation to effectively safeguard mental health services.

In his earlier article, “Illinois AI Mental Health Law is Here — What It Does and What It Misses”, Dr. Wallace discusses the broader implications of the law, emphasizing that while it aims to protect consumers, it may inadvertently hinder innovation in digital therapeutics. He points out that the law’s restrictions could limit the development and deployment of AI-driven mental health tools, potentially reducing access to care for individuals who could benefit from such technologies.

This law positions Illinois as a leader in balancing technological innovation with the preservation of human-centered mental health care. As other states observe Illinois’ approach, the WOPR Act may serve as a model for future AI regulation in healthcare.

For an in-depth analysis, see Dr. Wallace’s opinion piece: Illinois’ HB1806: The AI Law That Doesn’t Know What AI Is.