Illinois HB 1806 / WOPRA - AI in Mental Health Therapy
Effective date
Penalty
Potential civil enforcement and professional discipline pathways are indicated in secondary analysis. Final penalty structure is pending primary-source verif…
Obligations mapped
Tracked
Overview
Restricts AI use in mental health therapy contexts under Illinois WOPRA and related professional standards. Targets AI chatbot platforms marketed as mental health tools. Verification of enacted text details (including signed status, final effective date, and penalty structure) remains pending against the enrolled primary source.
This is an AI-specific state law.
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Who this applies to
This regulation applies to the following roles:
- Developers of covered AI systems
- Deployers and users of covered AI systems
- Organizations operating in Illinois
This regulation applies to both companies that build AI products and companies that use AI tools from other vendors.
See enrolled statute text at the official source.
AI categories covered
- Healthcare AI
- Consumer-facing AI
Specific AI use cases:
- Chatbots and virtual assistants
- clinical decision support
What this requires you to do
Detailed obligation packs are not yet mapped for this entry in XIRA. Obligation areas from the catalog are listed below.
What this requires you to do
Prohibited practices
Avoid conduct the statute bans, including harmful manipulation and intentional discrimination.
Disclosure to users required
Disclose AI use. Make it clear to users when they are interacting with AI-generated content or AI-driven systems.
Regulation summaries are simplified for readability and may not capture every nuance of the underlying statute. Verify important details against primary sources linked on this page.
Enforcement and penalties
Potential civil enforcement and professional discipline pathways are indicated in secondary analysis. Final penalty structure is pending primary-source verification before public promotion as an effective law.
Penalty amounts are based on statutory text and may be subject to adjustment, judicial interpretation, or enforcement discretion.
Related regulations
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Utah AI Mental Health Chatbot Regulation (HB 452)
Regulates AI-powered mental health chatbots. Requires clear disclosure that the service is not a human clinician, limits certain advertising during therapeutic-style conversations, and restricts sharing identifiable health information. Specific disclosure timing: before user can access the chatbot, after 7 days without use, and whenever asked by the user. Health data restrictions: businesses cannot share or sell individually identifiable health information or user input with third parties, except as necessary for chatbot function or to health providers with user consent under HIPAA. Advertising restrictions: ads delivered through chatbot must be disclosed, and no user input can be used to decide whether to advertise or to customize ads. Affirmative defense requires actual policy filing with the Division of Consumer Protection, not only having a policy on file internally.
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Illinois AI Video Interview Act (820 ILCS 42)
Requires employers using AI to analyze video interviews to notify candidates, explain how AI is used, and obtain consent before the interview.
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Illinois Human Rights Act (HB 3773 AI amendment)
Illinois HB 3773 amends the Illinois Human Rights Act to prohibit employers from using AI that has the effect of subjecting employees to discrimination on the basis of protected classes, including using zip codes as proxies. Where applicable, employers may need to notify employees and applicants when AI is used in employment decisions. IDHR draft implementing rules circulated December 2025. No safe harbors or affirmative defenses.
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Illinois Biometric Information Privacy Act (BIPA)
Illinois BIPA may apply to written consent before collecting fingerprints, facial scans, voiceprints, iris scans, or hand geometry. Where applicable, companies may need to publish a retention/destruction policy, provide written notice, obtain written releases, and may be barred from selling or profiting from biometric data. Any aggrieved person can sue for $1,000 to $5,000 per violation without proving harm.
Effective
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Illinois Right of Publicity Act, Digital Replica Amendment (HB 4875)
Prohibits unauthorized AI-generated digital replicas of individual voices, images, and likenesses. Holds liable anyone who distributes, transmits, or materially contributes to violations. Not contingent on commercial purpose.
Effective
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Illinois Digital Voice and Likeness Protection Act (HB 4762)
Protects individual digital voice and likeness in contracts. Contract provisions for digital replica use are unenforceable unless the contract includes specific description of intended uses and the individual was represented by legal counsel or a labor union.
Effective
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Illinois Digital Forgeries Act (HB 2123)
Extends nonconsensual intimate image protections to AI-generated deepfakes. Provides civil remedies including statutory and punitive damages for victims of sexually altered digital images.
Effective
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Illinois AI-Generated Child Sexual Abuse Material (HB 4623)
Clarifies that Illinois child pornography laws encompass AI-generated images of minors in sexual acts. AI-generated CSAM treated identically to non-AI CSAM under existing criminal statutes.
Effective
Illinois AI regulation guide lists every tracked rule for this jurisdiction with timelines and obligation tallies.
Regulation summaries are simplified for readability and may not capture every nuance of the underlying statute. Verify important details against primary sources linked on this page.