Shown verbatim: the complete text as captured from the official PDF posted by the Oklahoma Legislature, fetched 2026-07-23. Page and line markers are part of the official record; nothing is edited or removed. The official bill page.
1 STATE OF OKLAHOMA
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2 2nd Session of the 60th Legislature (2026)
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3 SENATE BILL 2037 By: Goodwin
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8 AS INTRODUCED
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9 An Act relating to artificial intelligence; defining
9 terms; requiring certain informed consent for use of
10 artificial intelligence by licensed mental health
10 professional or licensed health care provider;
11 authorizing and prohibiting certain uses of
11 artificial intelligence; specifying authority to make
12 final decisions; providing administrative penalties;
12 prohibiting certain acts related to therapy or
13 psychotherapy services; authorizing certain
13 investigation and penalties by the Attorney General;
14 providing for codification; and declaring an
14 emergency.
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18 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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19 SECTION 1. NEW LAW A new section of law to be codified
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20 in the Oklahoma Statutes as Section 7101 of Title 63, unless there
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21 is created a duplication in numbering, reads as follows:
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22 As used in this act:
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23 1. "Administrative support" means tasks performed to assist a
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24 licensed mental health professional in the delivery of therapy or
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1 psychotherapy services that do not involve therapeutic
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2 communication. Administrative support includes, but is not limited
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3 to, managing appointment scheduling and reminders, processing
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4 billing and insurance claims, and drafting general communications
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5 related to therapy logistics that do not include therapeutic advice;
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6 2. "Artificial intelligence" means a machine-based system that,
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7 for explicit or implicit objectives, infers, from the input it
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8 receives, how to generate outputs such as predictions, content,
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9 recommendations, or decisions that can influence physical or virtual
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10 environments;
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11 3. a. "Consent" means a clear, explicit affirmative act by
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12 an individual that:
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13 (1) unambiguously communicates the individual's
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14 express, freely given, informed, voluntary,
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15 specific, and unambiguous written agreement,
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16 including a written agreement provided by
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17 electronic means, and
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18 (2) is revocable by the individual.
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19 b. Consent does not include an agreement that is obtained
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20 by the following:
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21 (1) the acceptance of a general or broad terms of use
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22 agreement or a similar document that contains
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23 descriptions of artificial intelligence along
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24 with other unrelated information,
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1 (2) an individual hovering over, muting, pausing, or
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2 closing a given piece of digital content, or
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3 (3) an agreement obtained through the use of
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4 deceptive actions;
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5 4. "Health care services" means services included in, or
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6 incidental to, furnishing to an individual:
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7 a. medical, dental, or optometric care or
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8 hospitalization, or
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9 b. other services for the purpose of preventing,
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10 alleviating, curing, or healing a physical illness or
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11 injury;
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12 5. "Licensed health care provider" means a person who is
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13 licensed, certified, or registered by this state to provide health
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14 care services or a medical group, independent practice association,
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15 or professional corporation providing health care services;
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16 6. "Licensed mental health professional" has the same meaning
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17 as provided by Section 1-103 of Title 43A of the Oklahoma Statutes;
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18 7. "Supplementary support" means tasks performed to assist a
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19 licensed mental health professional in the delivery of therapy or
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20 psychotherapy services that do not involve therapeutic communication
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21 and that are not administrative support. Supplementary support
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22 includes, but is not limited to, preparing and maintaining client
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23 records, including therapy notes; analyzing anonymized data to track
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24 client progress or identify trends, subject to review by a licensed
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1 mental health professional; and identifying and organizing external
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2 resources or referrals for client use;
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3 8. "Therapeutic communication" means any verbal, nonverbal, or
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4 written interaction conducted in a clinical or professional setting
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5 that is intended to diagnose, treat, or address an individual's
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6 mental, emotional, or behavioral health concerns. Therapeutic
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7 communication includes, but is not limited to:
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8 a. interacting directly with clients for the purpose of
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9 understanding or reflecting their thoughts, emotions,
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10 or experiences,
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11 b. providing guidance, therapeutic strategies, or
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12 interventions designed to achieve mental health
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13 outcomes,
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14 c. offering emotional support, reassurance, or empathy in
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15 response to psychological or emotional distress,
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16 d. collaborating with clients to develop or modify
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17 therapeutic goals or treatment plans, and
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18 e. offering behavioral feedback intended to promote
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19 psychological growth or address mental health
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20 conditions; and
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21 9. "Therapy or psychotherapy services" means services provided
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22 to diagnose, treat, or improve an individual's mental health or
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23 behavioral health.
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1 SECTION 2. NEW LAW A new section of law to be codified
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2 in the Oklahoma Statutes as Section 7102 of Title 63, unless there
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3 is created a duplication in numbering, reads as follows:
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4 A. A licensed mental health professional shall not use
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5 artificial intelligence to assist in providing supplementary support
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6 in therapy or psychotherapy where the client's therapeutic session
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7 is recorded or transcribed unless:
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8 1. The patient or the patient's legally authorized
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9 representative is informed in writing of the following:
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10 a. that artificial intelligence will be used, and
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11 b. the specific purpose of the artificial intelligence
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12 tool or system that will be used; and
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13 2. The patient or the patient's legally authorized
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14 representative provides consent to the use of artificial
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15 intelligence.
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16 B. A licensed mental health professional may use artificial
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17 intelligence tools or systems to assist in providing administrative
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18 support or supplementary support in therapy or psychotherapy
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19 services if the licensed mental health professional maintains full
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20 responsibility for all interactions, outputs, and data use
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21 associated with the system and satisfies the requirements of
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22 subsection A of this section. A licensed mental health professional
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23 shall not allow artificial intelligence to do any of the following:
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24 1. Make independent therapeutic decisions;
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1 2. Directly interact with clients in any form of therapeutic
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2 communication;
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3 3. Generate therapeutic recommendations or treatment plans
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4 without review by the licensed mental health professional; or
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5 4. Detect emotions or mental states.
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6 C. A licensed mental health provider, not artificial
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7 intelligence or similar systems, shall make final decisions in the
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8 provision of therapy or psychotherapy services.
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9 D. A licensed mental health professional found in violation of
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10 this section shall, in accordance with the Administrative Procedures
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11 Act and the provisions of Title 59 of the Oklahoma Statutes, be
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12 subject to disciplinary action by the appropriate licensure board
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13 including, but not limited to, a fine in an amount not to exceed Ten
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14 Thousand Dollars ($10,000.00) per violation, as determined by the
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15 licensure board, with penalties assessed based on the degree of harm
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16 and the circumstances of the violation.
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17 E. 1. An individual, corporation, or entity shall not provide,
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18 advertise, or otherwise offer therapy or psychotherapy services
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19 through the use of Internet-based artificial intelligence to the
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20 public in this state unless the therapy or psychotherapy services
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21 are conducted by an individual who is a licensed mental health
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22 professional.
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23 2. The Attorney General may investigate actual, alleged, or
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24 suspected violations of paragraph 1 of this subsection and levy
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1 administrative fines on any individual, corporation, or entity found
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2 in violation of paragraph 1 of this subsection, in an amount not to
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3 exceed Ten Thousand Dollars ($10,000.00) for each violation of this
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4 section, and may assess any other penalty or remedy authorized by
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5 law. Administrative fines shall be assessed:
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6 a. based on the degree of harm and the circumstances of
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7 the violation, and
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8 b. after a hearing is held in accordance with the
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9 Administrative Procedures Act.
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10 SECTION 3. NEW LAW A new section of law to be codified
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11 in the Oklahoma Statutes as Section 7103 of Title 63, unless there
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12 is created a duplication in numbering, reads as follows:
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13 A. A licensed health care provider shall not use artificial
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14 intelligence to assist in the provision of a patient's care unless:
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15 1. The patient or the patient's legally authorized
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16 representative is informed in writing of the following:
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17 a. that artificial intelligence will be used, and
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18 b. the specific purpose of the artificial intelligence
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19 tool or system that will be used; and
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20 2. The patient or the patient's legally authorized
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21 representative provides consent to the use of artificial
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22 intelligence.
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23 B. A licensed health care provider may use artificial
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24 intelligence tools or systems to assist in providing health care
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1 services if the licensed health care provider maintains full
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2 responsibility for all interactions, outputs, and data use
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3 associated with the system and satisfies the requirements of
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4 subsection A of this section. A licensed health care provider shall
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5 not allow artificial intelligence to do any of the following:
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6 1. Make independent medical decisions;
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7 2. Directly interact with patients in any form of medical
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8 communication;
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9 3. Diagnose medical conditions; or
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10 4. Generate medical advice or recommendations or treatment
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11 plans without review by the licensed health care provider.
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12 C. A licensed health care provider, not artificial intelligence
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13 or similar systems, shall make final decisions in the provision of
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14 health care services.
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15 D. A licensed health care provider found in violation of this
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16 section shall, in accordance with the Administrative Procedures Act
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17 and the provisions of Title 59 of the Oklahoma Statutes, be subject
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18 to disciplinary action by the appropriate licensure board including,
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19 but not limited to, a fine in an amount not to exceed Ten Thousand
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20 Dollars ($10,000.00) per violation, as determined by the licensure
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21 board, with penalties assessed based on the degree of harm and the
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22 circumstances of the violation.
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23 SECTION 4. It being immediately necessary for the preservation
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24 of the public peace, health or safety, an emergency is hereby
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1 declared to exist, by reason whereof this act shall take effect and
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2 be in full force from and after its passage and approval.
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4 60-2-3028 DC 1/15/2026 10:55:23 AM
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Req. No. 3028 Page 9Every fact on this page links to its source, starting with the official bill record.