Oklahoma SB 2037: Artificial intelligence; requiring informed consent for use by licensed mental health professional or health care provider; authorizing and prohibiting certain uses. Emergency.

Bill Text

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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