Compare versions
--- version:Introduced+++ version:Current/Final@@ -1,6 +1,6 @@-UNOFFICIAL COPY 26 RS BR 1857+UNOFFICIAL COPY 26 RS HB 455/GAPage 1 of 6-XXXX 1/20/2026 4:36 PM Jacketed+HB045510.100 - 1857 - XXXX 2/23/2026 4:31 PM GAAN ACT relating to artificial intelligence and declaring an emergency. 1Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2SECTION 1. A NEW SECTION OF KRS CHAPTER 367 IS CREATED TO 3@@ -22,141 +22,134 @@informed, voluntary, specific, and unambiguous written agreement, 19including a written agreement provided by electronic means; and 202. Is revocable by the individual; and 21- (b) Does not include an agreement that is obtained by: 22+(b) Does not include an agreement that is obtained by: 221. The acceptance of a general or broad terms of use agreement or a 23-similar document that contains descriptions of artificial intelligence 24+similar document that contains descript ions of artificial intelligence 24along with other unrelated information; 252. An individual hovering over, muting, pausing, or closing a given piece 26of digital content; or 27-UNOFFICIAL COPY 26 RS BR 1857+UNOFFICIAL COPY 26 RS HB 455/GAPage 2 of 6-XXXX 1/20/2026 4:36 PM Jacketed+HB045510.100 - 1857 - XXXX 2/23/2026 4:31 PM GA3. Deceptive actions; 1-(4) "Department" means the Department of Professional Licensing in the Public 2-Protection Cabinet; 3-(5) "Licensed professional": 4-(a) Means an individual who holds a valid license or certificate issued by any 5-agency of this Commonwealth to provide therapy or psychotherapy services, 6-including: 7-1. A licensed psychologist licensed under the provisions of KRS Chapter 8-319; 9-2. A licensed clinical social worker licensed under the provisions of KRS 10-335.100; 11-3. A certified social worker licensed under the provisions of KRS 12-335.080; 13-4. A professional counselor credentialed under the provisions of KRS 14-335.500 to 335.599; 15-5. A marriage and family therapist licensed under the provisions of KRS 16-335.500 to 335.599; 17-6. A licensed alcohol and drug counselor licensed under the provisions 18-of KRS 309.080 to 309.089 authorized to provide therapy or 19-psychotherapy services; 20-7. An art therapist certified under KRS 309.130; 21-8. An advanced practice registered nurse licensed under the provisions of 22-KRS Chapter 314 engaged in providing mental health services; and 23-9. Any other professional authorized by this Commonwealth through a 24-license or certificate to provide therapy or psychotherapy services; and 25-(b) Does not include a physician; 26-(6) "Peer support" means services provided by individuals with lived experience of 27-UNOFFICIAL COPY 26 RS BR 1857+(4) "Licensed professional": 2+(a) Means an individual who holds a valid license or certificate issued by any 3+agency of this Commonwealth to provide therapy or psychotherapy services, 4+including: 5+1. A licensed psychologist licensed under KRS Chapter 319; 6+2. A licensed clinical social worker licensed under KRS 335.100; 7+3. A certified social worker licensed under KRS 335.080; 8+4. A professional counselor credentialed under KRS 335.500 to 335.599; 9+5. A marriage and family therapist licensed under KRS 335.300 to 10+335.399; 11+6. A licensed alcohol and drug counselor licensed under KR S 309.080 to 12+309.089 authorized to provide therapy or psychotherapy services; 13+7. A licensed professional art therapist licensed under KRS 309.130 to 14+309.1399; 15+8. An advanced practice registered nurse licensed under KRS Chapter 16+314 engaged in providing mental health services; and 17+9. Any other professional authorized by this Commonwealth through a 18+license or certificate to provide therapy or psychotherapy services; and 19+(b) Does not include a physician; 20+(5) "Peer support" means services provided by individuals with lived experience of 21+mental health conditions or recovery from substance use that are intended to 22+offer encouragement, understanding, and guidance without clinical intervention; 23+(6) "Permitted use of artificial intelligence" means the use of artificia l intelligence 24+tools or systems by a licensed professional to assist in providing administrative 25+support or supplementary support in therapy or psychotherapy services where the 26+licensed professional maintains full responsibility for all interactions, outpu ts, 27+UNOFFICIAL COPY 26 RS HB 455/GAPage 3 of 6-XXXX 1/20/2026 4:36 PM Jacketed-mental health conditions or recovery from substance use that are intended to 1-offer encouragement, understanding, and guidance without clinical intervention; 2-(7) "Permitted use of artificial intelligence" means the use of artificial intelligence 3-tools or systems by a licensed professional to assist in providing administrative 4-support or supplementary support in therapy or psychotherapy services where the 5-licensed p rofessional maintains full responsibility for all interactions, outputs, 6-and data use associated with the system and satisfies the requirements of Section 7-2 of this Act; 8-(8) "Relevant board" means the applicable state board that licenses, certifies, 9-regulates, or oversees the specific type of licensed professional; 10-(9) "Religious counseling" means counseling provided by clergy members, pastoral 11-counselors, or other religious leaders acting within the scope of their religious 12-duties if the services are expli citly faith-based and are not represented as clinical 13-mental health services or therapy or psychotherapy services; 14-(10) "Supplementary support" includes but is not limited to the: 15-(a) Preparing and maintaining of client records, including therapy notes; 16-(b) Analyzing of anonymized data to track client progress or identify trends, 17-subject to review by a licensed professional; and 18-(c) Identifying and organizing of external resources or referrals for client use; 19-(11) "Therapeutic communication": 20-(a) Means any verbal, nonverbal, or written interaction conducted in a clinical 21-or professional setting that is intended to diagnose, treat, or address an 22-individual's mental, emotional, or behavioral health concern; and 23-(b) Includes but is not limited to: 24-1. Direct in teractions with clients for the purpose of understanding or 25-reflecting their thoughts, emotions, or experiences; 26-2. Providing guidance, therapeutic strategies, or interventions designed 27-UNOFFICIAL COPY 26 RS BR 1857+HB045510.100 - 1857 - XXXX 2/23/2026 4:31 PM GA+and data use associated with the system and satisfies the requirements of Section 1+2 of this Act; 2+(7) "Relevant board" means the applicable state board that licenses, certifies, 3+regulates, or oversees the specific type of licensed professional; 4+(8) "Religious counseling" means counseling provided by clergy members, pastoral 5+counselors, or other religious l eaders acting within the scope of their religious 6+duties if the services are explicitly faith -based and are not represented as clinical 7+mental health services or therapy or psychotherapy services; 8+(9) "Supplementary support" includes but is not limited to the: 9+(a) Preparing and maintaining of client records, including therapy notes; 10+(b) Analyzing of anonymized data to track client progress or identify trends, 11+subject to review by a licensed professional; and 12+(c) Identifying and organizing of external resources or referrals for client use; 13+(10) "Therapeutic communication": 14+(a) Means any verbal, nonverbal, or written interaction conducted in a clinical 15+or professional setting that is intended to diagnose, treat, or address an 16+individual's mental, emotional, or behavioral health concern; and 17+(b) Includes but is not limited to: 18+1. Direct interactions with clients for the purpose of understanding or 19+reflecting their thoughts, emotions, or experiences; 20+2. Providing guidance, therapeutic strategies, or intervention s designed 21+to achieve mental health outcomes; 22+3. Offering emotional support, reassurance, or empathy in response to 23+psychological or emotional distress; 24+4. Collaborating with clients to develop or modify therapeutic goals or 25+treatment plans; and 26+5. Offering behavioral feedback intended to promote psychological 27+UNOFFICIAL COPY 26 RS HB 455/GAPage 4 of 6-XXXX 1/20/2026 4:36 PM Jacketed-to achieve mental health outcomes; 1-3. Offering emotional support, reas surance, or empathy in response to 2-psychological or emotional distress; 3-4. Collaborating with clients to develop or modify therapeutic goals or 4-treatment plans; and 5-5. Offering behavioral feedback intended to promote psychological 6-growth or address mental health conditions; and 7-(12) "Therapy or psychotherapy services": 8-(a) Means services provided to diagnose, treat, or improve an individual's 9-mental health or behavioral health; and 10-(b) Does not include religious counseling or peer support. 11-SECTION 2. A NEW SECTION OF KRS CHAPTER 367 IS CREATED TO 12-READ AS FOLLOWS: 13-(1) A licensed professional: 14-(a) Shall not use artificial intelligence to assist in providing supplementary 15-support in therapy or psychotherapy services where the client's therapeutic 16-session is recorded or transcribed unless: 17-1. The patient or the patient's legally authorized representative is 18-informed in writing of the following: 19-a. That artificial intelligence will be used; and 20-b. The specific purpose of the art ificial intelligence tool or system 21-that will be used; and 22-2. The patient or the patient's legally authorized representative provides 23-consent to the use of artificial intelligence; 24-(b) May use artificial intelligence only to the extent it is a permitted us e of 25-artificial intelligence and the use meets the requirements of this section; 26-(c) Shall not allow artificial intelligence to: 27-UNOFFICIAL COPY 26 RS BR 1857+HB045510.100 - 1857 - XXXX 2/23/2026 4:31 PM GA+growth or address mental health conditions; and 1+(11) "Therapy or psychotherapy services": 2+(a) Means services provided by a licensed professional to diagnose, treat, or 3+improve an individual's mental health or behavioral health; and 4+(b) Does not include religious counseling, self -help materials and educational 5+resources, or peer support. 6+SECTION 2. A NEW SECTION OF KRS CHAPTER 367 IS CREATED TO 7+READ AS FOLLOWS: 8+(1) A licensed professional: 9+(a) Shall not use artificial intelligence to assist in providing supplementary 10+support in therapy or psychotherapy services where the client's therapeutic 11+session is recorded or transcribed unless: 12+1. The patient or the patient's leg ally authorized representative is 13+informed in writing of the following: 14+a. That artificial intelligence will be used; and 15+b. The specific purpose of the artificial intelligence tool or system 16+that will be used; and 17+2. The patient or the patient's legally a uthorized representative provides 18+consent to the use of artificial intelligence; 19+(b) May use artificial intelligence only to the extent it is a permitted use of 20+artificial intelligence and the use meets the requirements of this section; 21+and 22+(c) Shall not allow artificial intelligence to: 23+1. Make independent therapeutic decisions; or 24+2. Generate therapeutic recommendations or treatment plans without 25+review and approval by the licensed professional. 26+(2) An individual, corporation, or entity shall not provide, advertise, or otherwise 27+UNOFFICIAL COPY 26 RS HB 455/GAPage 5 of 6-XXXX 1/20/2026 4:36 PM Jacketed-1. Make independent therapeutic decisions; 1-2. Directly interact with clients in any form of therapeutic 2-communication; 3-3. Generate therapeutic recommendations or treatment plans without 4-review and approval by the licensed professional; or 5-4. Detect emotions or mental state; and 6-(2) An individual, cor poration, or entity shall not provide, advertise, or otherwise 7-offer therapy or psychotherapy services, including through the use of internet -8-based artificial intelligence, to the public in this Commonwealth unless the 9-therapy or psychotherapy services are performed by an individual who is a 10-licensed professional. 11-(3) All records kept by a licensed professional and all communications between an 12-individual seeking therapy or psychotherapy services and a licensed professional 13-shall be confidential and shall n ot be disclosed except as required by KRS 14-210.235. 15-SECTION 3. A NEW SECTION OF KRS CHAPTER 367 IS CREATED TO 16-READ AS FOLLOWS: 17-(1) Any individual, corporation, or entity found to be in violation of Sections 1 to 3 of 18-this Act shall pay a civil penalty to the department in an amount not to exceed ten 19-thousand dollars ($10,000) per violation, as determined by the department, with 20-penalties assessed based on the degree of harm and the circumstances of the 21-violation. 22-(2) A civil penalty shall be: 23-(a) Assessed by the department after a hearing is held by the relevant board; 24-and 25-(b) Paid within sixty (60) days after the date of an order by the relevant board 26-imposing the civil penalty. 27-UNOFFICIAL COPY 26 RS BR 1857+HB045510.100 - 1857 - XXXX 2/23/2026 4:31 PM GA+offer therapy or psychotherapy services, including throug h the use of internet -1+based artificial intelligence, to the public in this Commonwealth unless the 2+therapy or psychotherapy services are performed by an individual who is a 3+licensed professional. 4+(3) All records kept by a licensed professional and all comm unications between an 5+individual seeking therapy or psychotherapy services and a licensed professional 6+shall be confidential and shall not be disclosed except as required by KRS 7+210.235. 8+SECTION 3. A NEW SECTION OF KRS C HAPTER 367 IS CREATED TO 9+READ AS FOLLOWS: 10+(1) Any individual, corporation, or entity found to be in violation of Sections 1 to 3 of 11+this Act shall pay a civil penalty to the relevant board in an amount not to exceed 12+ten thousand dollars ($10,000) per violation, as determined by the relevant board, 13+with penalties assessed based on the degree of harm and the circumstances of the 14+violation. 15+(2) A civil penalty shall be: 16+(a) Assessed by the relevant board after a hearing is held by the relevant board 17+in accordance with KRS Chapter 13B; and 18+(b) Paid within sixty (60) days after the date of an order by the relevant board 19+imposing the civil penalty. 20+(3) The relevant board shall have authority to investigate any actual, alleged, or 21+suspected violation of Sections 1 to 3 of this Act. 22+(4) Sections 1 to 3 of this Act do not apply to religious counseling, peer support, or 23+self-help materials and educational resources that are available to the public and 24+do not purport to offer therapy or psychotherapy services. 25+Section 4. Whereas the General Assembly seeks to protect vulnerable 26+Kentuckians from harm caused by artificial intelligence, an emergency is declared to 27+UNOFFICIAL COPY 26 RS HB 455/GAPage 6 of 6-XXXX 1/20/2026 4:36 PM Jacketed-(3) The relevant board shall have authority to investigate any actual, alleged, or 1-suspected violation of Sections 1 to 3 of this Act. 2-(4) Sections 1 to 3 of this Act do not apply to religious counseling, peer support, or 3-self-help materials and educational resources that are available to the public and 4-do not purport to offer therapy or psychotherapy services. 5-Section 4. Whereas the General Assembly seeks to protect vulnerable 6-Kentuckians from harm caused by artificial intelligence, an emergency is declared to 7-exist, and this Act takes effect upon its passage and approval by the Governor or upon its 8-otherwise becoming a law. 9+HB045510.100 - 1857 - XXXX 2/23/2026 4:31 PM GA+exist, and this Act takes effect upon its passage and approval by the Govern or or upon its 1+otherwise becoming a law. 2
Diffs are computed deterministically from extracted bill text and show additions, deletions, and section moves. Scanned-PDF text extracted via OCR is flagged where confidence is low; see methodology.