Obtaining Consent Under Illinois HB1806: What Mental Health Providers Need to Know


What HB1806 Actually Says

Illinois House Bill 1806, called the Wellness and Oversight for Psychological Resources Act, limits how artificial intelligence can be used in therapy and psychotherapy services. The law prohibits AI from participating in therapeutic communication or making clinical decisions. It allows AI use only for administrative or supplementary support under the supervision of a licensed clinician.

Section 15(b) of the law states that if a session is recorded or transcribed using AI, the patient must be informed in writing and provide consent before use.

PMHScribe uses AI to assist with transcription and documentation for licensed professionals. Because this process involves transcription, Illinois clinicians may want to review their existing patient consent forms to ensure they reflect this type of AI-assisted documentation.

Sample Consent Language:
“I consent to my provider using a secure note-taking tool with artificial intelligence to draft chart notes before they review and document them in the final medical record.”


Why PMHScribe Was Already Ready

PMHScribe did not need to make changes for HB1806. It was designed for licensed healthcare professionals with privacy, transparency, and oversight built into every feature.

Built-In Safeguards

  • NPI-Verified Providers Only: PMHScribe is the only AI scribe that requires a verified National Provider Identifier (NPI) to access the platform. Only licensed clinicians can use it.
  • HIPAA and BAA Compliance: PMHScribe meets full HIPAA standards and offers Business Associate Agreements (BAAs) to all clinical users.
  • Audit Trails: Each note includes audit logs showing clinician review and approval.
  • No Automatic Entry to EHRs: Nothing is ever pushed automatically into a chart or record. The provider must review, edit, and approve all content.
  • Clinician Education: Every user receives tutorials explaining how to review and finalize notes accurately.
  • Feedback Dashboard: Providers can rate note completeness, edit sections, and share feedback to improve results.

These features reflect PMHScribe’s ethical and secure approach to AI use in mental health documentation.


Responsible AI Documentation

PMHScribe includes a Responsible AI Assessment (RAIA) template and a Data Protection Impact Assessment (DPIA) framework. These help organizations document their oversight, privacy safeguards, and compliance approach under laws like HB1806.


Key Takeaways

  1. HB1806 prohibits AI from independantly providing therapy or making treatment decisions.
  2. Consent is required when an AI system records or transcribes a therapy session.
  3. PMHScribe saves transcripts securely for clinician use and review.
  4. Only licensed, NPI-verified providers can access PMHScribe.
  5. HIPAA, BAA, and audit safeguards ensure clinician oversight and compliance.

Final Thoughts

HB1806 adds new consent requirements around AI use in therapy documentation. PMHScribe was already built with strong privacy and ethical controls, so licensed providers can remain confident that clinical judgment and final documentation always stay in human hands.

you may also like