Summary of HB 455 (2026RS) – Kentucky
Purpose and emergency declaration
- HB 455 is an Act relating to artificial intelligence (AI) in the practice of therapy and psychotherapy, with an emergency declaration to take effect upon passage and approval.
- The bill seeks to regulate the use of AI by licensed professionals in Kentucky, ensuring safeguards to protect clients’ rights, privacy, and the integrity of clinical care.
Key definitions (Section 1)
- Administrative support: AI-assisted tasks that do not involve therapeutic communication, such as scheduling reminders, billing/claims processing, and drafting logistics communications.
- Artificial intelligence: As defined by Kentucky law (KRS 42.722).
- Consent: Clear, explicit, written (including electronic) agreement that is freely given and revocable; excludes broad terms-of-use, passive actions like hovering/pause/close, and deceptive actions.
- Licensed professional: Various licensed mental health professionals (e.g., psychologists, clinical social workers, professional counselors, marriage and family therapists, addiction counselors, art therapists, some advanced practice nurses, etc.). Physicians are excluded.
- Peer support: Non-clinical support from individuals with lived experience.
- Permitted use of AI: Use of AI tools for administrative or supplementary support while the licensed professional retains full responsibility for interactions and data use.
- Therapeutic communication: Any clinical interaction intended to diagnose, treat, or address mental/behavioral health concerns.
- Therapy/psychotherapy services: Clinical services to diagnose, treat, or improve mental/behavioral health (excluding religious counseling, self-help materials, or peer support).
Main prohibitions and requirements (Section 2)
- Licensed professionals shall not use AI to assist in providing supplementary support for sessions that are recorded or transcribed unless:
- Written informed consent is obtained from the patient or legally authorized representative, disclosing:
- That AI will be used
- The specific purpose of the AI tool
- Consent is provided
- AI use is limited to the extent of its permitted uses and must meet the section’s requirements.
- Prohibitions include:
- AI shall not make independent therapeutic decisions
- AI shall not generate therapeutic recommendations or treatment plans without review and approval by the licensed professional
- AI shall not directly interact with clients in any therapeutic communication
- Public provision of therapy/psychotherapy services to the Kentucky public via internet-based AI is prohibited unless performed by a licensed professional.
- Records and communications remain confidential, subject to applicable law (KRS 210.235).
Civil penalties and enforcement (Section 3)
- Violations may incur civil penalties up to $10,000 per violation, determined by the relevant board.
- Penalties are assessed after a hearing and paid within 60 days of the order.
- The relevant board has authority to investigate violations.
- Exempts religious counseling, peer support, and self-help materials that do not purport to offer therapy.
Emergency and effective date (Section 4)
- An emergency is declared to protect Kentuckians from AI-related harms.
- The act takes effect upon passage and governor approval or otherwise becoming law.
Amendments (House Committee Substitute and HFA 1, HFA 2)
- The House Committee Substitute and subsequent amendments refine definitions and responsibilities, notably ensuring the prohibition on AI making independent therapeutic decisions and requiring licensed professionals to review AI-generated outputs.
- Amendments adjust references to the appropriate enforcing bodies (e.g., shifting certain enforcement language to the “relevant board” or department), but maintain core protections and penalties.
Who would be affected
- Licensed mental health professionals in Kentucky who provide therapy/psychotherapy services.
- Individuals seeking therapy or psychotherapy services in Kentucky.
- Entities offering AI-enabled therapy/psychotherapy services (must employ licensed professionals and comply with consent and supervision requirements).
Timeline and process considerations
- The bill sets up a framework for consent, permitted AI use, and professional oversight.
- Penalties and investigations are tied to established board processes under Kentucky law (KRS Chapter 13B for hearings).
- The emergency clause accelerates implementation, making the act effective promptly after enactment.
Overall impact
- Introduces statutory guardrails on AI use in clinical mental health care, emphasizing informed consent, professional oversight, prohibition on autonomous AI clinical decisions, and strict confidentiality.
- Establishes penalties to deter noncompliance and clarifies that AI administrative tools can be used only within defined boundaries.
