On Aug. 4, 2025, Illinois Gov. JB Pritzker signed the Wellness and Oversight for Psychological Resources Act (WOPR) into law. WOPR establishes Illinois as one of the first states to place legal boundaries around AI behavioral healthcare. WOPR is particularly significant because, according to an April 2025 study from the Harvard Business Review, the top use of generative AI and LLMs is therapy and companionship. WOPR, at least for users in Illinois, significantly restricts that top use case in several material ways.
Only Qualified (Human) Professionals Can Offer Therapy
WOPR requires that therapy and psychotherapy services be provided only by qualified, licensed, or certified professionals recognized by the state. This includes psychologists, social workers, counselors, marriage and family therapists, certified addiction counselors, professional music therapists, and advanced practice psychiatric nurses. In addition to machines and chatbots, physicians, clergy offering religious counseling, and peer support providers are explicitly excluded from these regulated categories.
Significant Limits on AI Usage in Mental Health Counseling
WOPR addresses the increasing consumer reliance on AI in mental health services with stringent restrictions. AI may only be used by licensed professionals to assist with "administrative support," which is defined by examples such as scheduling or billing, and for "supplementary support" (such as maintaining client records or analyzing anonymized data). AI is strictly prohibited from:
- Making independent therapeutic decisions.
- Directly engaging in therapeutic communication with clients.
- Generating therapeutic recommendations or treatment plans unless reviewed and approved by a licensed professional.
- Detecting emotions or mental states.
Consent for AI Use and Consumer Protections
Before any AI tool is used in the handling of therapeutic sessions that are recorded or transcribed, qualified professionals must obtain informed consent. The client must be provided with transparency about the specific use and purpose of AI, and the client must acknowledge receipt, understanding, and approval. Broad or general agreements will not satisfy the valid consent requirement.
WOPR is designed to shield clients from harm caused by unqualified providers and unregulated AI systems. Violations may result in civil penalties of up to $10,000 per infraction, with enforcement overseen by the Illinois Department of Financial and Professional Regulation after a hearing process. Repeat or egregious violations are subject to further investigation and penalty.
Exceptions from Regulation
The following are not regulated under WOPR:
- Religious counseling performed by faith leaders (provided it is not represented as clinical therapy).
- Peer support services where advice comes from lived experience and not clinical training.
- Publicly available self-help materials and general educational resources that are not presented as therapy.
Increased Focus on Transparency, Notice, and Consent
WOPR took effect immediately upon the Governor's signing. For Illinois qualified professionals and AI developers doing business in Illinois, WOPR represents a paradigm shift in how AI is used in mental health therapy. Failure to adhere to the new Illinois requirements could mean substantial financial penalties and reputational harm. Impacted providers should ensure that any use of AI supporting therapy complies with both the administrative and supplementary support definitions. No AI system should engage in direct therapeutic communication with clients, make independent decisions about client care, or analyze emotions without human oversight. Indeed, WOPR explicitly bans AI from directly analyzing emotions or engaging in therapeutic communication.
Providers will need to adopt robust protocols for obtaining and documenting client consent before using AI in any session-related recording or transcription.
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