Regulon — OK-SB-2037 · OK SB 2037 (AI in Licensed Healthcare & Mental Health Practice)

Summary

Regulates the use of artificial intelligence by licensed mental health professionals and licensed health care providers in Oklahoma. Requires written informed consent — including disclosure of AI use and its specific purpose — before AI may be used to record or transcribe therapy sessions or assist in patient care. Licensed professionals must maintain full responsibility for all AI interactions, outputs, and data use, and AI is prohibited from making independent therapeutic or medical decisions, directly interacting with clients/patients therapeutically, generating treatment plans without professional review, or detecting emotions or mental states (mental health context). Prohibits any person or entity from offering therapy or psychotherapy services through Internet-based AI unless conducted by a licensed mental health professional. Violations are subject to administrative fines up to $10,000 per violation enforced by licensure boards or the Attorney General. Declared an emergency measure effective upon passage and approval.

Enforcement & Penalties

Enforcement Authority

Dual enforcement structure. For licensed mental health professionals (Section 2(A)-(D)), the appropriate licensure board has disciplinary authority, initiated through the Administrative Procedures Act and Title 59 of the Oklahoma Statutes. For the prohibition on unlicensed AI therapy services (Section 2(E)), the Attorney General may investigate actual, alleged, or suspected violations and levy administrative fines after a hearing under the Administrative Procedures Act. For licensed health care providers (Section 3), the appropriate licensure board has disciplinary authority. No private right of action is created.

Penalties

Administrative fines up to $10,000 per violation for licensed mental health professionals (§ 7102(D)), licensed health care providers (§ 7103(D)), and individuals, corporations, or entities offering unlicensed AI therapy services (§ 7102(E)(2)). Licensure boards may also impose other disciplinary action. The Attorney General may assess any other penalty or remedy authorized by law for violations of the unlicensed AI therapy prohibition. Penalties are assessed based on the degree of harm and the circumstances of the violation. No private damages remedy is created.

Who Is Covered

"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;.

"Licensed mental health professional" has the same meaning as provided by Section 1-103 of Title 43A of the Oklahoma Statutes;.

Compliance Obligations 7 obligations · click obligation ID to open requirement page

HC-02 AI in Licensed Professional Practice Restrictions · HC-02.4 · Professional · Healthcare

63 O.S. § 7102(A)(1)-(2)

Plain Language

Before using AI to record or transcribe a therapy or psychotherapy session for supplementary support purposes (e.g., preparing therapy notes, analyzing anonymized progress data), the licensed mental health professional must provide written notice to the patient (or their legally authorized representative) disclosing that AI will be used and the specific purpose of the AI tool. The patient must then provide affirmative, informed, written consent that is revocable at any time. Consent buried in general terms of service, obtained through passive UI interactions, or obtained through deceptive means does not qualify.

Statutory Text

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.

HC-02 AI in Licensed Professional Practice Restrictions · HC-02.1 HC-02.2 · Professional · Healthcare

63 O.S. § 7102(B)(1)-(4)

Plain Language

Licensed mental health professionals may use AI for administrative support (scheduling, billing, logistics) and supplementary support (notes, anonymized data analysis, resource organization), but they must maintain full responsibility for all AI interactions, outputs, and data use. AI is categorically prohibited from: (1) making independent therapeutic decisions, (2) directly interacting with clients in any form of therapeutic communication, (3) generating therapeutic recommendations or treatment plans without the professional's review, or (4) detecting emotions or mental states. This means AI outputs like suggested treatment plans must be reviewed and approved by the licensed professional before being acted upon, and AI cannot serve as a direct clinical interlocutor with patients.

Statutory Text

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; 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.

HC-02 AI in Licensed Professional Practice Restrictions · HC-02.1 · Professional · Healthcare

63 O.S. § 7102(C)

Plain Language

All final decisions in therapy or psychotherapy services must be made by the licensed mental health provider — never by an AI system. This is a bright-line rule: regardless of AI's supporting role in administrative or supplementary tasks, the human professional must retain ultimate decision-making authority over all therapeutic and clinical matters. This reinforces the prohibitions in subsection B and ensures that AI remains a tool under professional supervision, not an autonomous decision-maker.

Statutory Text

C. A licensed mental health provider, not artificial intelligence or similar systems, shall make final decisions in the provision of therapy or psychotherapy services.

HC-02 AI in Licensed Professional Practice Restrictions · HC-02.3 · DeployerProfessional · Healthcare

63 O.S. § 7102(E)(1)

Plain Language

No person, company, or entity may provide, advertise, or offer therapy or psychotherapy services to the Oklahoma public through Internet-based AI unless those services are conducted by a licensed mental health professional. This effectively prohibits standalone AI therapy products that operate without a licensed professional. The obligation applies broadly — not just to licensed professionals but to any individual, corporation, or entity — capturing AI developers and deployers who market therapy chatbots or AI-driven mental health services in Oklahoma without professional involvement.

Statutory Text

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.

HC-02 AI in Licensed Professional Practice Restrictions · HC-02.4 · Professional · Healthcare

63 O.S. § 7103(A)(1)-(2)

Plain Language

Before any licensed health care provider uses AI to assist in patient care — including medical, dental, optometric, or other health services — the provider must give written notice to the patient (or legally authorized representative) disclosing that AI will be used and the specific purpose of the AI tool. The patient must then provide affirmative, informed, written consent that is revocable at any time. As with the mental health consent requirement, general terms-of-service acceptance, passive UI interactions, and deceptively obtained agreements do not constitute valid consent. This applies broadly to all AI-assisted patient care, not just recording or transcription.

Statutory Text

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.

HC-02 AI in Licensed Professional Practice Restrictions · HC-02.1 HC-02.2 · Professional · Healthcare

63 O.S. § 7103(B)(1)-(4)

Plain Language

Licensed health care providers may use AI to assist in delivering health care services, but they must maintain full responsibility for all AI interactions, outputs, and data use. AI is categorically prohibited from: (1) making independent medical decisions, (2) directly interacting with patients in any form of medical communication, (3) diagnosing medical conditions, or (4) generating medical advice, recommendations, or treatment plans without the provider's review. This means all AI-generated clinical outputs must pass through a licensed provider before reaching or affecting the patient. The scope is broader than the mental health prohibitions — it adds an explicit prohibition on AI diagnosis and covers medical advice and recommendations alongside treatment plans.

Statutory Text

B. A licensed health care provider may use artificial intelligence tools or systems to assist in providing health care 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.

HC-02 AI in Licensed Professional Practice Restrictions · HC-02.1 · Professional · Healthcare

63 O.S. § 7103(C)

Plain Language

All final decisions in the provision of health care services must be made by a licensed health care provider — never by AI or similar automated systems. This parallels the mental health provision in § 7102(C) and establishes a categorical bright-line rule for all health care contexts: AI may inform but may never control clinical decision-making.

Statutory Text

C. A licensed health care provider, not artificial intelligence or similar systems, shall make final decisions in the provision of health care services.