1| STATE OF OKLAHOMA | | | 2| 2nd Session of the 60th Legislature (2026) | | | 3|SENATE BILL 2037 By: Goodwin | | | 4| | | | 5| | | | 6| | | | 7| | | | 8| AS INTRODUCED | | | 9| An Act relating to artificial intelligence; defining | | terms; requiring certain informed consent for use of | 10| artificial intelligence by licensed mental health | | professional or licensed health care provider; | 11| authorizing and prohibiting certain uses of | | artificial intelligence; specifying authority to make | 12| final decisions; providing administrative penalties; | | prohibiting certain acts related to therapy or | 13| psychotherapy services; authorizing certain | | investigation and penalties by the Attorney General; | 14| providing for codification; and declaring an | | emergency. | 15| | | | 16| | | | 17| | | | 18|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: | | | 19| SECTION 1. NEW LAW A new section of law to be codified | | | 20|in the Oklahoma Statutes as Section 7101 of Title 63, unless there | | | 21|is created a duplication in numbering, reads as follows: | | | 22| As used in this act: | | | 23| 1. "Administrative support" means tasks performed to assist a | | | 24|licensed mental health professional in the delivery of therapy or | | | Req. No. 3028 Page 1 ___________________________________________________________________________
1|psychotherapy services that do not involve therapeutic | | | 2|communication. Administrative support includes, but is not limited | | | 3|to, managing appointment scheduling and reminders, processing | | | 4|billing and insurance claims, and drafting general communications | | | 5|related to therapy logistics that do not include therapeutic advice; | | | 6| 2. "Artificial intelligence" means a machine-based system that, | | | 7|for explicit or implicit objectives, infers, from the input it | | | 8|receives, how to generate outputs such as predictions, content, | | | 9|recommendations, or decisions that can influence physical or virtual | | | 10|environments; | | | 11| 3. a. "Consent" means a clear, explicit affirmative act by | | | 12| an individual that: | | | 13| (1) unambiguously communicates the individual's | | | 14| express, freely given, informed, voluntary, | | | 15| specific, and unambiguous written agreement, | | | 16| including a written agreement provided by | | | 17| electronic means, and | | | 18| (2) is revocable by the individual. | | | 19| b. Consent does not include an agreement that is | | | 20| obtained by the following: | | | 21| (1) the acceptance of a general or broad terms of | | | 22| use agreement or a similar document that contains | | | 23| descriptions of artificial intelligence along | | | 24| with other unrelated information, | | | Req. No. 3028 Page 2 ___________________________________________________________________________
1| (2) an individual hovering over, muting, pausing, or | | | 2| closing a given piece of digital content, or | | | 3| (3) an agreement obtained through the use of | | | 4| deceptive actions; | | | 5| 4. "Health care services" means services included in, or | | | 6|incidental to, furnishing to an individual: | | | 7| a. medical, dental, or optometric care or | | | 8| hospitalization, or | | | 9| b. other services for the purpose of preventing, | | | 10| alleviating, curing, or healing a physical illness or | | | 11| injury; | | | 12| 5. "Licensed health care provider" means a person who is | | | 13|licensed, certified, or registered by this state to provide health | | | 14|care services or a medical group, independent practice association, | | | 15|or professional corporation providing health care services; | | | 16| 6. "Licensed mental health professional" has the same meaning | | | 17|as provided by Section 1-103 of Title 43A of the Oklahoma Statutes; | | | 18| 7. "Supplementary support" means tasks performed to assist a | | | 19|licensed mental health professional in the delivery of therapy or | | | 20|psychotherapy services that do not involve therapeutic communication | | | 21|and that are not administrative support. Supplementary support | | | 22|includes, but is not limited to, preparing and maintaining client | | | 23|records, including therapy notes; analyzing anonymized data to track | | | 24|client progress or identify trends, subject to review by a licensed | | | Req. No. 3028 Page 3 ___________________________________________________________________________
1|mental health professional; and identifying and organizing external | | | 2|resources or referrals for client use; | | | 3| 8. "Therapeutic communication" means any verbal, nonverbal, or | | | 4|written interaction conducted in a clinical or professional setting | | | 5|that is intended to diagnose, treat, or address an individual's | | | 6|mental, emotional, or behavioral health concerns. Therapeutic | | | 7|communication includes, but is not limited to: | | | 8| a. interacting directly with clients for the purpose of | | | 9| understanding or reflecting their thoughts, emotions, | | | 10| or experiences, | | | 11| b. providing guidance, therapeutic strategies, or | | | 12| interventions designed to achieve mental health | | | 13| outcomes, | | | 14| c. offering emotional support, reassurance, or empathy | | | 15| in response to psychological or emotional distress, | | | 16| d. collaborating with clients to develop or modify | | | 17| therapeutic goals or treatment plans, and | | | 18| e. offering behavioral feedback intended to promote | | | 19| psychological growth or address mental health | | | 20| conditions; and | | | 21| 9. "Therapy or psychotherapy services" means services provided | | | 22|to diagnose, treat, or improve an individual's mental health or | | | 23|behavioral health. | | | 24| | | | Req. No. 3028 Page 4 ___________________________________________________________________________
1| SECTION 2. NEW LAW A new section of law to be codified | | | 2|in the Oklahoma Statutes as Section 7102 of Title 63, unless there | | | 3|is created a duplication in numbering, reads as follows: | | | 4| A. A licensed mental health professional shall not use | | | 5|artificial intelligence to assist in providing supplementary support | | | 6|in therapy or psychotherapy where the client's therapeutic session | | | 7|is recorded or transcribed unless: | | | 8| 1. The patient or the patient's legally authorized | | | 9|representative is informed in writing of the following: | | | 10| a. that artificial intelligence will be used, and | | | 11| b. the specific purpose of the artificial intelligence | | | 12| tool or system that will be used; and | | | 13| 2. The patient or the patient's legally authorized | | | 14|representative provides consent to the use of artificial | | | 15|intelligence. | | | 16| B. A licensed mental health professional may use artificial | | | 17|intelligence tools or systems to assist in providing administrative | | | 18|support or supplementary support in therapy or psychotherapy | | | 19|services if the licensed mental health professional maintains full | | | 20|responsibility for all interactions, outputs, and data use | | | 21|associated with the system and satisfies the requirements of | | | 22|subsection A of this section. A licensed mental health professional | | | 23|shall not allow artificial intelligence to do any of the following: | | | 24| 1. Make independent therapeutic decisions; | | | Req. No. 3028 Page 5 ___________________________________________________________________________
1| 2. Directly interact with clients in any form of therapeutic | | | 2|communication; | | | 3| 3. Generate therapeutic recommendations or treatment plans | | | 4|without review by the licensed mental health professional; or | | | 5| 4. Detect emotions or mental states. | | | 6| C. A licensed mental health provider, not artificial | | | 7|intelligence or similar systems, shall make final decisions in the | | | 8|provision of therapy or psychotherapy services. | | | 9| D. A licensed mental health professional found in violation of | | | 10|this section shall, in accordance with the Administrative Procedures | | | 11|Act and the provisions of Title 59 of the Oklahoma Statutes, be | | | 12|subject to disciplinary action by the appropriate licensure board | | | 13|including, but not limited to, a fine in an amount not to exceed Ten | | | 14|Thousand Dollars ($10,000.00) per violation, as determined by the | | | 15|licensure board, with penalties assessed based on the degree of harm | | | 16|and the circumstances of the violation. | | | 17| E. 1. An individual, corporation, or entity shall not provide, | | | 18|advertise, or otherwise offer therapy or psychotherapy services | | | 19|through the use of Internet-based artificial intelligence to the | | | 20|public in this state unless the therapy or psychotherapy services | | | 21|are conducted by an individual who is a licensed mental health | | | 22|professional. | | | 23| 2. The Attorney General may investigate actual, alleged, or | | | 24|suspected violations of paragraph 1 of this subsection and levy | | | Req. No. 3028 Page 6 ___________________________________________________________________________
1|administrative fines on any individual, corporation, or entity found | | | 2|in violation of paragraph 1 of this subsection, in an amount not to | | | 3|exceed Ten Thousand Dollars ($10,000.00) for each violation of this | | | 4|section, and may assess any other penalty or remedy authorized by | | | 5|law. Administrative fines shall be assessed: | | | 6| a. based on the degree of harm and the circumstances of | | | 7| the violation, and | | | 8| b. after a hearing is held in accordance with the | | | 9| Administrative Procedures Act. | | | 10| SECTION 3. NEW LAW A new section of law to be codified | | | 11|in the Oklahoma Statutes as Section 7103 of Title 63, unless there | | | 12|is created a duplication in numbering, reads as follows: | | | 13| A. A licensed health care provider shall not use artificial | | | 14|intelligence to assist in the provision of a patient's care unless: | | | 15| 1. The patient or the patient's legally authorized | | | 16|representative is informed in writing of the following: | | | 17| a. that artificial intelligence will be used, and | | | 18| b. the specific purpose of the artificial intelligence | | | 19| tool or system that will be used; and | | | 20| 2. The patient or the patient's legally authorized | | | 21|representative provides consent to the use of artificial | | | 22|intelligence. | | | 23| B. A licensed health care provider may use artificial | | | 24|intelligence tools or systems to assist in providing health care | | | Req. No. 3028 Page 7 ___________________________________________________________________________
1|services if the licensed health care provider maintains full | | | 2|responsibility for all interactions, outputs, and data use | | | 3|associated with the system and satisfies the requirements of | | | 4|subsection A of this section. A licensed health care provider shall | | | 5|not allow artificial intelligence to do any of the following: | | | 6| 1. Make independent medical decisions; | | | 7| 2. Directly interact with patients in any form of medical | | | 8|communication; | | | 9| 3. Diagnose medical conditions; or | | | 10| 4. Generate medical advice or recommendations or treatment | | | 11|plans without review by the licensed health care provider. | | | 12| C. A licensed health care provider, not artificial intelligence | | | 13|or similar systems, shall make final decisions in the provision of | | | 14|health care services. | | | 15| D. A licensed health care provider found in violation of this | | | 16|section shall, in accordance with the Administrative Procedures Act | | | 17|and the provisions of Title 59 of the Oklahoma Statutes, be subject | | | 18|to disciplinary action by the appropriate licensure board including, | | | 19|but not limited to, a fine in an amount not to exceed Ten Thousand | | | 20|Dollars ($10,000.00) per violation, as determined by the licensure | | | 21|board, with penalties assessed based on the degree of harm and the | | | 22|circumstances of the violation. | | | 23| SECTION 4. It being immediately necessary for the preservation | | | 24|of the public peace, health or safety, an emergency is hereby | | | Req. No. 3028 Page 8 ___________________________________________________________________________
1|declared to exist, by reason whereof this act shall take effect and | | | 2|be in full force from and after its passage and approval. | | | 3| | | | 4| 60-2-3028 DC 1/15/2026 12:45:33 PM | | | 5| | | | 6| | | | 7| | | | 8| | | | 9| | | | 10| | | | 11| | | | 12| | | | 13| | | | 14| | | | 15| | | | 16| | | | 17| | | | 18| | | | 19| | | | 20| | | | 21| | | | 22| | | | 23| | | | 24| | | | Req. No. 3028 Page 9