(A) 1 A licensed mental health professionalLicensed mental health professional"Licensed mental health professional" has the same meaning as provided by Section 1-103 of Title 43A of the Oklahoma Statutes;63 O.S. § 7101(6) shall not use artificial intelligenceArtificial intelligence"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;63 O.S. § 7101(2) to assist in providing supplementary supportSupplementary support"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 mental health professional; and identifying and organizing external resources or referrals for client use;63 O.S. § 7101(7) 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 intelligenceArtificial intelligence"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;63 O.S. § 7101(2) will be used, and b. the specific purpose of the artificial intelligenceArtificial intelligence"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;63 O.S. § 7101(2) tool or system that will be used; and 2. The patient or the patient's legally authorized representative provides consentConsent"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. 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, (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;63 O.S. § 7101(3) to the use of artificial intelligenceArtificial intelligence"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;63 O.S. § 7101(2).

(B) 2 A licensed mental health professionalLicensed mental health professional"Licensed mental health professional" has the same meaning as provided by Section 1-103 of Title 43A of the Oklahoma Statutes;63 O.S. § 7101(6) may use artificial intelligenceArtificial intelligence"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;63 O.S. § 7101(2) tools or systems to assist in providing administrative supportAdministrative support"Administrative 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. 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;63 O.S. § 7101(1) or supplementary supportSupplementary support"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 mental health professional; and identifying and organizing external resources or referrals for client use;63 O.S. § 7101(7) in therapy or psychotherapy servicesTherapy or psychotherapy services"Therapy or psychotherapy services" means services provided to diagnose, treat, or improve an individual's mental health or behavioral health.63 O.S. § 7101(9) if the licensed mental health professionalLicensed mental health professional"Licensed mental health professional" has the same meaning as provided by Section 1-103 of Title 43A of the Oklahoma Statutes;63 O.S. § 7101(6) 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 professionalLicensed mental health professional"Licensed mental health professional" has the same meaning as provided by Section 1-103 of Title 43A of the Oklahoma Statutes;63 O.S. § 7101(6) shall not allow artificial intelligenceArtificial intelligence"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;63 O.S. § 7101(2) to do any of the following: 1. Make independent therapeutic decisions; 2. Directly interact with clients in any form of therapeutic communicationTherapeutic communication"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;63 O.S. § 7101(8); 3. Generate therapeutic recommendations or treatment plans without review by the licensed mental health professionalLicensed mental health professional"Licensed mental health professional" has the same meaning as provided by Section 1-103 of Title 43A of the Oklahoma Statutes;63 O.S. § 7101(6); or 4. Detect emotions or mental states.

(C) 3 A licensed mental health provider, not artificial intelligenceArtificial intelligence"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;63 O.S. § 7101(2) or similar systems, shall make final decisions in the provision of therapy or psychotherapy servicesTherapy or psychotherapy services"Therapy or psychotherapy services" means services provided to diagnose, treat, or improve an individual's mental health or behavioral health.63 O.S. § 7101(9).

(D) A licensed mental health professionalLicensed mental health professional"Licensed mental health professional" has the same meaning as provided by Section 1-103 of Title 43A of the Oklahoma Statutes;63 O.S. § 7101(6) 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) 4 1. An individual, corporation, or entity shall not provide, advertise, or otherwise offer therapy or psychotherapy servicesTherapy or psychotherapy services"Therapy or psychotherapy services" means services provided to diagnose, treat, or improve an individual's mental health or behavioral health.63 O.S. § 7101(9) through the use of Internet-based artificial intelligenceArtificial intelligence"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;63 O.S. § 7101(2) to the public in this state unless the therapy or psychotherapy servicesTherapy or psychotherapy services"Therapy or psychotherapy services" means services provided to diagnose, treat, or improve an individual's mental health or behavioral health.63 O.S. § 7101(9) are conducted by an individual who is a licensed mental health professionalLicensed mental health professional"Licensed mental health professional" has the same meaning as provided by Section 1-103 of Title 43A of the Oklahoma Statutes;63 O.S. § 7101(6). 2. The Attorney General may investigate actual, alleged, or suspected violations of paragraph 1 of this subsection and levy 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.

(A) 5 A licensed health care providerLicensed health care provider"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;63 O.S. § 7101(5) shall not use artificial intelligenceArtificial intelligence"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;63 O.S. § 7101(2) 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 intelligenceArtificial intelligence"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;63 O.S. § 7101(2) will be used, and b. the specific purpose of the artificial intelligenceArtificial intelligence"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;63 O.S. § 7101(2) tool or system that will be used; and 2. The patient or the patient's legally authorized representative provides consentConsent"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. 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, (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;63 O.S. § 7101(3) to the use of artificial intelligenceArtificial intelligence"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;63 O.S. § 7101(2).

(B) 6 A licensed health care providerLicensed health care provider"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;63 O.S. § 7101(5) may use artificial intelligenceArtificial intelligence"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;63 O.S. § 7101(2) tools or systems to assist in providing health care servicesHealth care services"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;63 O.S. § 7101(4) if the licensed health care providerLicensed health care provider"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;63 O.S. § 7101(5) 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 providerLicensed health care provider"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;63 O.S. § 7101(5) shall not allow artificial intelligenceArtificial intelligence"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;63 O.S. § 7101(2) 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 providerLicensed health care provider"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;63 O.S. § 7101(5).

(C) 7 A licensed health care providerLicensed health care provider"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;63 O.S. § 7101(5), not artificial intelligenceArtificial intelligence"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;63 O.S. § 7101(2) or similar systems, shall make final decisions in the provision of health care servicesHealth care services"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;63 O.S. § 7101(4).

(D) A licensed health care providerLicensed health care provider"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;63 O.S. § 7101(5) 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.

It being immediately necessary for the preservation of the public peace, health or safety, an emergency is hereby declared to exist, by reason whereof this act shall take effect and be in full force from and after its passage and approval.