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STATE OF OKLAHOMA
2nd Session of the 60th Legislature (2026)
SENATE BILL 2037 By: Goodwin
AS INTRODUCED
An Act relating to artificial intelligence; defining
terms; requiring certain informed consent for use of
artificial intelligence by licensed mental health
professional or licensed health care provider;
authorizing and prohibiting certain uses of
artificial intelligence; specifying authority to make
final decisions; providing administrative penalties;
prohibiting certain acts related to therapy or
psychotherapy services; authorizing certain
investigation and penalties by the Attorney General;
providing for codification; and declaring an
emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 7101 of Title 63, unless there
is created a duplication in numbering, reads as follows:
As used in this act:
1. “Administrative support” means tasks performed to assist a
licensed mental health professional in the delivery of therapy or
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psychotherapy services that do not involve therapeutic
communication. Administrative support includes, but is not limited
to, managing appointment scheduling and reminders, processing
billing and insurance claims, and drafting general communications
related to therapy logistics that do not include therapeutic advice;
2. “Artificial intelligence” means a machine-based system that,
for explicit or implicit objectives, infers, from the input it
receives, how to generate outputs such as predictions, content,
recommendations, or decisions that can influence physical or virtual
environments;
3. a. “Consent” means a clear, explicit affirmative act by
an individual that:
(1) unambiguously communicates the individual’s
express, freely given, informed, voluntary,
specific, and unambiguous written agreement,
including a written agreement provided by
electronic means, and
(2) is revocable by the individual.
b. Consent does not include an agreement that is obtained
by the following:
(1) 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,
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(2) an individual hovering over, muting, pausing, or
closing a given piece of digital content, or
(3) an agreement obtained through the use of
deceptive actions;
4. “Health care services” means services included in, or
incidental to, furnishing to an individual:
a. medical, dental, or optometric care or
hospitalization, or
b. other services for the purpose of preventing,
alleviating, curing, or healing a physical illness or
injury;
5. “Licensed health care provider” means a person who is
licensed, certified, or registered by this state to provide health
care services or a medical group, independent practice association,
or professional corporation providing health care services;
6. “Licensed mental health professional” has the same meaning
as provided by Section 1-103 of Title 43A of the Oklahoma Statutes;
7. “Supplementary support” means tasks performed to assist a
licensed mental health 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, preparing and maintaining client
records, including therapy notes; analyzing anonymized data to track
client progress or identify trends, subject to review by a licensed
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mental health professional; and identifying and organizing external
resources or referrals for client use;
8. “Therapeutic communication” means any verbal, nonverbal, 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. Therapeutic
communication includes, but is not limited to:
a. interacting directly with clients for the purpose of
understanding or reflecting their thoughts, emotions,
or experiences,
b. providing guidance, therapeutic strategies, or
interventions designed to achieve mental health
outcomes,
c. offering emotional support, reassurance, or empathy in
response to psychological or emotional distress,
d. collaborating with clients to develop or modify
therapeutic goals or treatment plans, and
e. offering behavioral feedback intended to promote
psychological growth or address mental health
conditions; and
9. “Therapy or psychotherapy services” means services provided
to diagnose, treat, or improve an individual’s mental health or
behavioral health.
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SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 7102 of Title 63, unless there
is created a duplication in numbering, reads as follows:
A. A licensed mental health professional shall not use
artificial intelligence to assist in providing supplementary support
in therapy or psychotherapy where the client’s therapeutic session
is recorded or transcribed unless:
1. The patient or the patient’s legally authorized
representative is informed in writing of the following:
a. that artificial intelligence will be used, and
b. the specific purpose of the artificial intelligence
tool or system that will be used; and
2. The patient or the patient’s legally authorized
representative provides consent to the use of artificial
intelligence.
B. A licensed mental health professional may use artificial
intelligence tools or systems to assist in providing administrative
support or supplementary support in therapy or psychotherapy
services if the licensed mental health professional maintains full
responsibility for all interactions, outputs, and data use
associated with the system and satisfies the requirements of
subsection A of this section. A licensed mental health professional
shall not allow artificial intelligence to do any of the following:
1. Make independent therapeutic decisions;
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2. Directly interact with clients in any form of therapeutic
communication;
3. Generate therapeutic recommendations or treatment plans
without review by the licensed mental health professional; or
4. Detect emotions or mental states.
C. A licensed mental health provider, not artificial
intelligence or similar systems, shall make final decisions in the
provision of therapy or psychotherapy services.
D. A licensed mental health professional found in violation of
this section shall, in accordance with the Administrative Procedures
Act and the provisions of Title 59 of the Oklahoma Statutes, be
subject to disciplinary action by the appropriate licensure board
including, but not limited to, a fine in an amount not to exceed Ten
Thousand Dollars ($10,000.00) per violation, as determined by the
licensure board, with penalties assessed based on the degree of harm
and the circumstances of the violation.
E. 1. An individual, corporation, or entity shall not provide,
advertise, or otherwise offer therapy or psychotherapy services
through the use of Internet-based artificial intelligence to the
public in this state unless the therapy or psychotherapy services
are conducted by an individual who is a licensed mental health
professional.
2. The Attorney General may investigate actual, alleged, or
suspected violations of paragraph 1 of this subsection and levy
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administrative fines on any individual, corporation, or entity found
in violation of paragraph 1 of this subsection, in an amount not to
exceed Ten Thousand Dollars ($10,000.00) for each violation of this
section, and may assess any other penalty or remedy authorized by
law. Administrative fines shall be assessed:
a. based on the degree of harm and the circumstances of
the violation, and
b. after a hearing is held in accordance with the
Administrative Procedures Act.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 7103 of Title 63, unless there
is created a duplication in numbering, reads as follows:
A. A licensed health care provider shall not use artificial
intelligence to assist in the provision of a patient’s care unless:
1. The patient or the patient’s legally authorized
representative is informed in writing of the following:
a. that artificial intelligence will be used, and
b. the specific purpose of the artificial intelligence
tool or system that will be used; and
2. The patient or the patient’s legally authorized
representative provides consent to the use of artificial
intelligence.
B. A licensed health care provider may use artificial
intelligence tools or systems to assist in providing health care
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services if the licensed health care provider maintains full
responsibility for all interactions, outputs, and data use
associated with the system and satisfies the requirements of
subsection A of this section. A licensed health care provider shall
not allow artificial intelligence to do any of the following:
1. Make independent medical decisions;
2. Directly interact with patients in any form of medical
communication;
3. Diagnose medical conditions; or
4. Generate medical advice or recommendations or treatment
plans without review by the licensed health care provider.
C. A licensed health care provider, not artificial intelligence
or similar systems, shall make final decisions in the provision of
health care services.
D. A licensed health care provider found in violation of this
section shall, in accordance with the Administrative Procedures Act
and the provisions of Title 59 of the Oklahoma Statutes, be subject
to disciplinary action by the appropriate licensure board including,
but not limited to, a fine in an amount not to exceed Ten Thousand
Dollars ($10,000.00) per violation, as determined by the licensure
board, with penalties assessed based on the degree of harm and the
circumstances of the violation.
SECTION 4. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
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declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
60-2-3028 DC 1/15/2026 10:55:23 AM