Laws & Statutes › OK › OK-SB-2037
SB-2037
OK · State · USA
OK
USA
● Pre-filed
Proposed Effective Date
2026-01-15
Oklahoma Senate Bill 2037 — 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.
Requires licensed mental health professionals and licensed health care providers in Oklahoma to obtain written informed consent from patients before using AI in clinical care, including disclosure of the AI's use and specific purpose. Prohibits AI from making independent therapeutic or medical decisions, directly interacting with clients in therapeutic or medical communication, generating treatment plans without professional review, or detecting emotions or mental states (mental health context) or diagnosing medical conditions (healthcare context). Bars any person or entity from offering therapy or psychotherapy services via internet-based AI unless conducted by a licensed mental health professional. Enforcement is through licensure board disciplinary action and Attorney General investigation, with administrative fines up to $10,000 per violation. Declared an emergency measure effective upon passage and approval.
Passage Likelihood
Low
Chamber No passage
Committee No action
Majority party (No data)
Bipartisan No
Prior session None
Legislative History
2026-02-02 introduced First Reading
2026-02-03 committee referral Second Reading referred to Health and Human Services
Mapped Requirements
HC-02 AI in Licensed Professional Practice Restrictions
Official Sources
Full Text ↗
Entry Last Reviewed
2026-03-28
AI generated
Summary

Requires licensed mental health professionals and licensed health care providers in Oklahoma to obtain written informed consent from patients before using AI in clinical care, including disclosure of the AI's use and specific purpose. Prohibits AI from making independent therapeutic or medical decisions, directly interacting with clients in therapeutic or medical communication, generating treatment plans without professional review, or detecting emotions or mental states (mental health context) or diagnosing medical conditions (healthcare context). Bars any person or entity from offering therapy or psychotherapy services via internet-based AI unless conducted by a licensed mental health professional. Enforcement is through licensure board disciplinary action and Attorney General investigation, with administrative fines up to $10,000 per violation. Declared an emergency measure effective upon passage and approval.

Enforcement & Penalties
Enforcement Authority
Dual enforcement tracks. For licensed mental health professionals (Section 2, subsections A–D), enforcement is through disciplinary action by the appropriate licensure board under the Administrative Procedures Act and Title 59. For unlicensed entities offering AI-based therapy or psychotherapy services (Section 2, subsection E), the Attorney General may investigate and levy administrative fines after a hearing under the Administrative Procedures Act. For licensed health care providers (Section 3), enforcement is through disciplinary action by the appropriate licensure board under the Administrative Procedures Act and Title 59. No private right of action is created.
Penalties
Administrative fines up to $10,000 per violation for licensed mental health professionals (Section 2(D)), up to $10,000 per violation for individuals, corporations, or entities offering unlicensed AI therapy services (Section 2(E)), and up to $10,000 per violation for licensed health care providers (Section 3(D)). Penalties are assessed based on the degree of harm and circumstances of the violation. 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.
Who Is Covered
"Licensed mental health professional" has the same meaning as provided by Section 1-103 of Title 43A of the Oklahoma Statutes;.
"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;.
Compliance Obligations 5 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)
Plain Language
Before using AI to record or transcribe a therapeutic session or to provide supplementary support involving such recordings, the licensed mental health professional must inform the patient (or their legally authorized representative) in writing that AI will be used and specify the AI tool's purpose, and must obtain the patient's affirmative written consent. Consent must be specific, informed, freely given, and revocable — it cannot be buried in a general terms of use agreement or obtained through deceptive means. This applies to supplementary support tasks like preparing therapy notes, analyzing anonymized client data, or organizing referrals where recording or transcription is involved.
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-02.1HC-02.2 · Professional · Healthcare
63 O.S. § 7102(B)-(C)
Plain Language
Licensed mental health professionals may use AI for administrative and supplementary support tasks, but only if they maintain full professional 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 therapeutic communication, (3) generating treatment plans or therapeutic recommendations without the professional's review, or (4) detecting emotions or mental states. The licensed professional — not the AI — must make all final decisions in therapy or psychotherapy. These restrictions effectively confine AI to back-office and record-keeping functions and bar it from any client-facing therapeutic role.
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. 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 · Deployer · Healthcare
63 O.S. § 7102(E)(1)
Plain Language
No person, company, or entity may provide, advertise, or offer therapy or psychotherapy services through internet-based AI to the Oklahoma public unless those services are actually conducted by a licensed mental health professional. This effectively prohibits standalone AI therapy products that operate without a licensed professional conducting the services. Enforcement is by the Attorney General, who may investigate and levy administrative fines up to $10,000 per violation after an administrative hearing. This obligation applies broadly to any individual, corporation, or entity — not just licensed professionals.
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)
Plain Language
Licensed health care providers may not use AI in any aspect of patient care unless the patient (or authorized representative) has been informed in writing that AI will be used, told the specific purpose of the AI tool, and has provided affirmative written consent. The consent standard is strict: it must be specific, informed, freely given, and revocable. It cannot be obtained through a general terms of use agreement, passive UI interactions, or deceptive means. This applies to all health care services — medical, dental, optometric care, hospitalization, and related preventive or curative services.
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-02.1HC-02.2 · Professional · Healthcare
63 O.S. § 7103(B)-(C)
Plain Language
Licensed health care providers may use AI to assist in providing health care services, but only if they 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 medical communication, (3) diagnosing medical conditions, or (4) generating medical advice, recommendations, or treatment plans without the provider's review. The licensed provider — not AI — must make all final decisions regarding patient care. These restrictions permit AI as a behind-the-scenes clinical support tool but bar it from any patient-facing or autonomous clinical decision-making role.
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. C. A licensed health care provider, not artificial intelligence or similar systems, shall make final decisions in the provision of health care services.