NASW-IL Advocacy At Work: Gov. Signs HB 1806 Creating Nation's Strongest Safeguard Against AI Chatbots in Mental Health

The WOPR Act directly prohibits AI from impersonating a licensed mental health professional in Illinois.

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Springfield, IL—FOR IMMEDIATE RELEASE 8/1/2025

Governor Pritzker Signs Groundbreaking HB1806, Shielding Clients, Especially Children, from Unregulated AI Chatbots

Chicago, IL — The National Association of Social Workers Illinois Chapter (NASW-IL) applauds Governor JB Pritzker for signing HB1806, the Wellness and Oversight for Psychological Resources (WOPR) Act, into law. Illinois becomes one of the first states to establish clear legal guardrails protecting mental health care from unregulated artificial intelligence (AI) systems posing as therapists. The name “WOPR” is a nod to the supercomputer from the 1983 movie WarGames, symbolizing the critical need to control powerful technology before it causes unintended harm.

“This is a critical victory for vulnerable clients, particularly children, and for licensed mental health professionals who have dedicated their lives to ethical, human-centered care,” said Kyle Hillman, Director of Legislative Affairs for NASW-IL. A startup CEO recently boasted that people told them it could not be done. They said it should not be done. But they tried anyway. This admission shows the reckless disregard for safety and ethics that has driven the development of unregulated AI therapy tools. At the same time, billions in venture capital continue to pour into these products, putting vulnerable clients, especially children and their data, at risk.”

“Artificial intelligence is a tool, not a therapist,” Hillman added. “No algorithm can replace the empathy, ethical judgment, and deep understanding that licensed clinicians bring to every session. Suggesting otherwise risks normalizing unsafe, unregulated care that can cause real harm, especially to children and those in crisis.”

“The idea that AI can fill the mental health provider shortage is a dangerous myth,” Hillman said. “This is a public health issue, not a tech problem. Real therapy requires human connection, trust, and accountability, none of which AI can provide.”

HB1806 sets clear boundaries. AI can only be used under the supervision of licensed professionals and strictly for administrative or supplementary tasks. The law also requires informed, written, and revocable client consent if AI is used to record or transcribe sessions. Only licensed clinicians can deliver therapy or psychotherapy services, closing loopholes that allowed unlicensed providers and AI chatbots to operate unchecked.

NASW-IL extends deep gratitude to Governor Pritzker, Representative Bob Morgan, Senator Ram Villivalam, and the Illinois Department of Professional Regulation for their leadership and partnership in advancing this legislation. The chapter also thanks the ACLU of Illinois and the Illinois Medical Society for their crucial support. Their commitment to public safety and professional integrity ensures Illinois leads the nation in safeguarding mental health care from the reckless ambitions of unregulated AI.

“As this law takes effect, we call on mental health providers, consumers, and policymakers to remain vigilant about the risks of unregulated AI in therapy and to support solutions that prioritize human connection and client safety,” Hillman concluded.

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What the WOPR Act Does

1. Prohibits AI From Acting as a Therapist

Section 20(a) prohibits any individual, corporation, or entity from “provid[ing], advertis[ing], or otherwise offer[ing] therapy or psychotherapy services, including through the use of Internet-based artificial intelligence,” unless the therapy or psychotherapy services are conducted by an individual who is a licensed professional.

2. Clearly Defines What AI Cannot Do

Section 20(b) prohibits licensed professionals from allowing AI to:

• Make independent therapeutic decisions

• Directly interact with clients in any form of therapeutic communication

• Generate therapeutic recommendations or treatment plans without human review

• Detect emotions or mental states

3. Establishes Boundaries for Permitted AI Use

Section 15 allows licensed professionals to use AI only for the following supports so long as the licensed professional remains responsible for all interactions, outputs, and data use:

• Administrative support (e.g., scheduling, billing, general logistics)

• Supplementary support (e.g., drafting therapy notes, anonymized data analysis, referrals)

  
  

Recording or transcription of therapy sessions involving AI requires informed, written, and revocable consent from the client or their legal representative.

4. Defines Therapy and Therapeutic Communication

Section 10 defines “therapy or psychotherapy services” as services provided to diagnose, treat, or improve an individual’s mental health or behavioral health. It does not include religious counseling or peer support.

“Therapeutic communication” includes any verbal, non-verbal, or written interaction intended to address mental or emotional concerns—such as interpreting feelings, providing strategies, developing treatment plans, or offering psychological feedback.

5. Makes It Illegal for Unlicensed Individuals to Offer Therapy

Importantly, Section 20(a) also prohibits any person or company from advertising or delivering therapy or psychotherapy services unless they are licensed by the State of Illinois.

This means that even if someone avoids using a protected title like "social worker" or "counselor," they still may not offer behavioral health services (as defined above) unless licensed to do so.

6. Enforces Penalties Up to $10,000 Per Violation

Section 30 authorizes the Department of Financial and Professional Regulation (IDFPR) to investigate and enforce violations with civil penalties up to $10,000 per offense.

What Is NOT Covered by the Law

Per Section 35, this law does not apply to the following:

• Religious counseling

• Peer support

• Self-help materials and educational resources that do not purport to offer therapy or psychotherapy services

This means that wellness apps that only provide generalized content (e.g., meditations, mood trackers) and do not simulate a therapeutic relationship are exempt from regulation.

However, apps or AI chatbots that attempt to interact with users in a therapeutic manner (by offering diagnosis, advice, or emotional support) are now clearly within the Department’s enforcement authority.

Why This Law Matters

Illinois has seen a rapid expansion of tech companies offering AI-powered “therapy,” some marketed directly to vulnerable populations without any professional oversight. In one case, an AI chatbot told a journalist it was acceptable to use methamphetamine before driving a cab. In another, a user was told to commit suicide. These are not isolated incidents—they are a byproduct of unregulated technology filling gaps in care without ethical guardrails.

While AI can be a helpful tool for professionals when used properly, it cannot replicate the human skills essential to therapy: empathy, ethical judgment, trauma-informed practice, and clinical experience.

This law ensures that Illinois consumers receive mental health care from trained, licensed professionals, and that innovation happens responsibly.

Frequently Asked Questions (FAQ): Member Guidance on the WOPR Act

Q: Can I still use AI to help with billing, scheduling, or taking notes?A: Yes, Section 10 defines these as “administrative support” or “supplementary support,” which is allowed under the law.

Q: Can I use AI to transcribe sessions?A: Yes, but only if your client gives written, informed, and revocable consent (Section 15). See definition below for what that must entail.

Q: What if I lose my license? Can I still offer therapy under another title?A: No. This law closes that loophole. Only licensed professionals can offer therapy or psychotherapy services in Illinois, regardless of title.

Q: What if I’m using an app that says it’s “just a coach,” but it gives therapeutic advice?A: If it offers services covered under the definition of therapy or psychotherapy (Section 10), it is now regulated.

Final Note: Consult Before You Act

This article is a helpful summary but does not constitute legal advice. We strongly encourage all members to review the full text of the law and consult with their legal counsel before implementing any AI tool in clinical practice.

If you have questions about how this new law applies to your practice or technology partners, NASW-IL is here to help. You can read the full law here:🔗 Full Text of HB1806 (Enrolled)

This is a win for our profession, for our clients, and for safe, ethical mental health care. Thank you for being a part of it.

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Definitions from the Wellness and Oversight for Psychological Resources Act (HB1806)

Administrative Support

• Means tasks performed to assist a licensed professional in the delivery of therapy or psychotherapy services that do not involve communication.

• Includes, but is not limited to, the following:

  • Managing appointment scheduling and reminders;

  • Processing billing and insurance claims; and

  • Drafting general communications related to therapy logistics that do not include therapeutic advice.

Artificial Intelligence

• Has the meaning given to that term in Section 2-101 of the Illinois Human Rights Act.

Consent

• Means a clear, explicit affirmative act by an individual that:

  • Unambiguously communicates the individual's express, freely given, informed, voluntary, specific, and unambiguous written agreement, including a written agreement provided by electronic means, and

  • Is revocable by the individual.

  • Does not include an agreement that is obtained by the following:

    • The acceptance of a general or broad terms of use agreement or a similar document that contains descriptions of artificial intelligence along with other unrelated information;

    • An individual hovering over, muting, pausing, or closing a given piece of digital content; or

    • An agreement obtained through the use of deceptive actions.

Licensed Professional

• Means an individual who holds a valid license issued by this State to provide therapy or psychotherapy services, including:

  • a licensed clinical psychologist;

  • a licensed clinical social worker;

  • a licensed social worker;

  • a licensed professional counselor;

  • a licensed clinical professional counselor;

  • a licensed marriage and family therapist;

  • a certified alcohol and other drug counselor authorized to provide therapy or psychotherapy services;

  • a licensed professional music therapist;

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

  • any other professional authorized by this State to provide therapy or psychotherapy services, except for a physician.

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.

Supplementary Support

• Means tasks performed to assist a licensed professional in the delivery of therapy or psychotherapy services that do not involve therapeutic communication and that are not administrative support.

• "Supplementary support" includes, but is not limited to, the following:

  • Preparing and maintaining client records, including therapy notes;

  • Analyzing anonymized data to track client progress or identify trends, subject to review by a licensed professional; and

  • Identifying and organizing external resources or referrals for client use.

Therapy or Psychotherapy Services

• Means services provided to diagnose, treat, or improve an individual's mental health or behavioral health.

• Does not include religious counseling or peer support.

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.

• Includes, but is not limited to:

  • Direct interactions with clients for the purpose of understanding or reflecting their thoughts, emotions, or experiences;

  • Providing guidance, therapeutic strategies, or interventions designed to achieve mental health outcomes;

  • Offering emotional support, reassurance, or empathy in response to psychological or emotional distress;

  • Collaborating with clients to develop or modify therapeutic goals or treatment plans; and

  • Offering behavioral feedback intended to promote psychological growth or address mental health conditions.

For more about NASW-Illinois Chapter's legislative efforts, please visit the chapter "News" tab and click on the "Advocacy" sub-tab. Here you’ll find all of our latest news including our most recent NASW-IL 2025 Illinois Spring Legislative Report.

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The National Association of Social Workers (NASW) is the largest membership organization of professional social workers in the world, with over 120,000 members. The NASW-Illinois Chapter is one of the association's largest chapters representing over 20.000 licensed Illinois social workers and school social workers, with over 5,000 active members. NASW strives to advance social work careers, grow social work businesses, and protect the profession.