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AI transcription of therapy sessions: what Illinois requires

If you practice in Illinois, record sessions and let software transcribe them, one section applies to you, and it applies even when the software never leaves your computer.

Not legal advice. I am a software developer, not a lawyer. This page summarizes the enacted text of one Illinois law, read on October 30, 2026, and links to it. Ask your licensing board or a lawyer before you change how you document sessions. Disclosure: I make Tapefolio, a transcription app that runs on the Mac. It is mentioned once below, with its limits.

The short answer

In Illinois, a licensed therapist may use AI to help keep records of a session that is recorded or transcribed only after telling the client in writing that AI will be used and what for, and getting the client's written consent. The rule applies whether the AI runs on a vendor's servers or on your own computer. Breaking it can cost up to $10,000 per violation.

What the Illinois law says

The law is the Wellness and Oversight for Psychological Resources Act, Public Act 104-0054 (House Bill 1806). The General Assembly's bill page lists it as effective August 1, 2025. In plain terms:

On-device does not mean exempt

Nothing in the Act turns on where the AI runs. Speech recognition that turns a session recording into text is AI whether it runs in a vendor's data center or on your laptop, so the written notice and consent still apply. What running on your own computer changes is what the notice has to say: no outside company receives the recording, and you decide how long it is kept.

What a written notice should state

The Act requires two things in writing: that AI will be used, and its specific purpose. A notice that answers a client's next questions will also say:

Keep the signed consent with the client's record. Some other states have passed their own rules on AI in therapy; I have read only the Illinois text, so check your own state's law before relying on this list.

Cloud scribes and on-device transcription

Question for the noticeCloud AI scribeTranscription on your own computer
Does Illinois require written notice and consent?YesYes
Who receives the recording?The vendor, and any provider it uses. Read its privacy policy and business associate agreementNo one outside your practice, if the app uploads nothing
Who controls deletion?The vendor's retention policy, plus your settingsYou
Does it write the note?Often a draft note. You must review it, and it may not detect emotions or mental statesUsually a transcript only; you write the note

If you use Tapefolio

Tapefolio, which I make, transcribes on the Mac and sends nothing from your recordings anywhere. Recording starts only by hand, with a consent reminder each time. It is a research transcription tool, not a clinical documentation product: it does not write notes or assess clients, it makes no HIPAA claim, it transcribes English only, and it needs macOS 26 and Apple silicon. Under the Illinois Act you still need the client's written consent before using it on a session.

Frequently asked

Do Illinois therapists need client consent to transcribe sessions with AI?

Yes. Under Section 15(b) of Public Act 104-0054, a licensed professional may use AI for record keeping on a recorded or transcribed session only after telling the client in writing that AI will be used and its specific purpose, and getting the client's written consent. This is a summary of the statute as read on October 30, 2026, not legal advice.

Does on-device transcription need consent in Illinois?

The Act does not distinguish where the AI runs, so on-device transcription of a session still needs written notice and consent. Running on your own computer changes what the notice says about who receives the recording, not whether a notice is needed.

What is the penalty under the Illinois AI therapy law?

Section 30 sets a civil penalty of up to $10,000 per violation, decided by the Illinois Department of Financial and Professional Regulation after a hearing.

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