HB 455 — AN ACT relating to artificial intelligence and declaring an emergency.

UNOFFICIAL COPY 26 RS BRHB 1857455/GA AN ACT relating to artificial intelligence and declaring an emergency.

or Page 1 of 6 HB045510.100 - 1857 - XXXX 1/20/20262/23/2026 4:364:31 PM JacketedGA UNOFFICIAL COPY 26 RS BRHB 1857455/GA 3.

(4) "Department""Licensed meansprofessional": the Department of Professional Licensing in the Public Protection Cabinet;

(5) "Licensed professional":

A licensed psychologist licensed under the provisions of KRS Chapter 319;

A licensed clinical social worker licensed under the provisions of KRS 335.100;

A certified social worker licensed under the provisions of KRS 335.080;

A professional counselor credentialed under the provisions of KRS 335.500 to 335.599;

A marriage and family therapist licensed under the provisions of KRS 335.500335.300 to 335.599;335.399;

A licensed alcohol and drug counselor licensed under the provisions of KRS 309.080 to 309.089 authorized to provide therapy or psychotherapy services;

AnA licensed professional art therapist certifiedlicensed under KRS 309.130;309.130 to 309.1399;

An advanced practice registered nurse licensed under the provisions of KRS Chapter 314 engaged in providing mental health services;

(6)(5) "Peer support" means services provided by individuals with lived experience of Page 2 of 6 XXXX 1/20/2026 4:36 PM Jacketed UNOFFICIAL COPY 26 RS BR 1857 mental health conditions or recovery from substance use that are intended to offer encouragement, understanding, and guidance without clinical intervention;

(7)(6) "Permitted use of artificial intelligence" means the use of artificial intelligence tools or systems by a licensed professional to assist in providing administrative support or supplementary support in therapy or psychotherapy services where the licensed professional maintains full responsibility for all interactions, outputs, Page 2 of 6 HB045510.100 - 1857 - XXXX 2/23/2026 4:31 PM GA UNOFFICIAL COPY 26 RS HB 455/GA and data use associated with the system and satisfies the requirements of Section 2 of this Act;

(8)(7) "Relevant board" means the applicable state board that licenses, certifies, regulates, or oversees the specific type of licensed professional;

(9)(8) "Religious counseling" means counseling provided by clergy members, pastoral counselors, or other religious leaders acting within the scope of their religious duties if the services are explicitly faith-based and are not represented as clinical mental health services or therapy or psychotherapy services;

(10)(9) "Supplementary support" includes but is not limited to the:

(11)(10) "Therapeutic communication":

Providing guidance, therapeutic strategies, or interventions designed Page 3 of 6 XXXX 1/20/2026 4:36 PM Jacketed UNOFFICIAL COPY 26 RS BR 1857 to achieve mental health outcomes;

Offering behavioral feedback intended to promote psychological Page 3 of 6 HB045510.100 - 1857 - XXXX 2/23/2026 4:31 PM GA UNOFFICIAL COPY 26 RS HB 455/GA growth or address mental health conditions;

and (12)(11) "Therapy or psychotherapy services":

(a) Means services provided by a licensed professional to diagnose, treat, or improve an individual's mental health or behavioral health;

and (b) Does not include religious counselingcounseling, self-help materials and educational resources, or peer support.

and (c) Shall not allow artificial intelligence to:

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or 2.

DirectlyGenerate interacttherapeutic withrecommendations clientsor intreatment anyplans formwithout ofreview therapeuticand communication;approval by the licensed professional.

3.(2) An individual, corporation, or entity shall not provide, advertise, or otherwise Page 4 of 6 HB045510.100 - 1857 - XXXX 2/23/2026 4:31 PM GA UNOFFICIAL COPY 26 RS HB 455/GA offer therapy or psychotherapy services, including through the use of internet- based artificial intelligence, to the public in this Commonwealth unless the therapy or psychotherapy services are performed by an individual who is a licensed professional.

Generate therapeutic recommendations or treatment plans without review and approval by the licensed professional;

or 4.

Detect emotions or mental state;

and (2) An individual, corporation, or entity shall not provide, advertise, or otherwise offer therapy or psychotherapy services, including through the use of internet- based artificial intelligence, to the public in this Commonwealth unless the therapy or psychotherapy services are performed by an individual who is a licensed professional.

(1) Any individual, corporation, or entity found to be in violation of Sections 1 to 3 of this Act shall pay a civil penalty to the departmentrelevant board in an amount not to exceed ten thousand dollars ($10,000) per violation, as determined by the department,relevant board, with penalties assessed based on the degree of harm and the circumstances of the violation.

(a) Assessed by the departmentrelevant board after a hearing is held by the relevant board;board in accordance with KRS Chapter 13B;

Page 5 of 6 XXXX 1/20/2026 4:36 PM Jacketed UNOFFICIAL COPY 26 RS BR 1857 (3) The relevant board shall have authority to investigate any actual, alleged, or suspected violation of Sections 1 to 3 of this Act.

Whereas the General Assembly seeks to protect vulnerable Kentuckians from harm caused by artificial intelligence, an emergency is declared to Page 5 of 6 HB045510.100 - 1857 - XXXX 2/23/2026 4:31 PM GA UNOFFICIAL COPY 26 RS HB 455/GA exist, and this Act takes effect upon its passage and approval by the Governor or upon its otherwise becoming a law.

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