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SB 252

AN ACT relating to civil remedies and declaring an emergency.

2026 Regular Session Introduced by Karen Berg

SB 252 creates a civil remedy for harms from sexual orientation or gender identity change efforts by mental health professionals, extending liability and special statutes of limita

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Bill Summary · SB 252

Summary of SB 252 (2026 Regular Session, Kentucky)

Purpose and intent

SB 252 establishes civil remedies and creates a framework to address harms alleged to have resulted from sexual orientation or gender identity change efforts by licensed mental health professionals. The bill frames these efforts as harmful, with the General Assembly declaring an emergency and aiming to provide legal recourse for individuals harmed by such practices.

Key provisions and changes

  • Definitions (Section 1)

    • Defines “mental health professional” to include a broad set of licensed practitioners (physicians, psychiatrists, psychologists, advanced practice nurses, social workers, marriage and family therapists, professional counselors, pastoral counselors, art therapists, physician assistants, and licensed alcohol/drug counselors).
    • Defines “sexual orientation or gender identity change efforts” as any practices by a mental health professional intended to direct a patient toward a predetermined sexual orientation or gender identity, including efforts to eliminate, reduce, discourage, or promote certain attractions or gender expressions.
    • Excludes: counseling or therapy that supports gender transition, non-directive therapies, neutral or non-directive approaches, and age-appropriate interventions addressing unlawful or unsafe practices without directing toward a particular orientation or identity.

  • Civil action for damages (Section 2)

    • Creates a new civil action under Chapter 411 against:
    • The mental health professional.
    • Employers, supervisors, or others with authority over the professional if they knew or had reason to know of the change efforts and failed to prevent them.
    • Entities responsible for negligent hiring, supervision, or retention of the professional.
    • Venue: Circuit Court in the county where the harm occurred or where the plaintiff resides.
    • Liability: Joint and several liability among liable parties.
    • Damages: Economic (medical costs, mental health treatment, lost earnings, etc.), noneconomic (pain and suffering, emotional distress, loss of enjoyment of life), punitive/exemplary damages when conduct is willful/wanton/oppressive/malicious, and reasonable attorney’s fees and costs.
    • Survival: Action can survive the death of the harmed person and may be pursued by the personal representative or estate, including recovery of punitive damages if criteria are met.

  • Causation framework (Section 3)

    • Establishing causation:
    • General causation: Expert testimony, scientific literature, and evidence showing that such change efforts can cause the type of injury alleged.
    • Specific causation: On a more probable than not basis, the change efforts substantially contributed to the plaintiff’s psychological injury. Other factors can exist, but must not bar a finding of substantial contribution.
    • Triable factors for substantial causation include the nature, duration, and intensity of the efforts; plaintiff’s age and vulnerability; relationship to the provider; timing between efforts and symptoms; and other relevant factors.

  • Interpretive and remedial provisions (Section 4)

    • Sections 1–4 do not limit other legal remedies for harms from change efforts.
    • The Act is intended to be interpreted broadly to provide civil remedies.
    • Applies to actions commenced on or after the Act’s effective date, provided not barred by prior statutes of limitations.

  • Statute of limitations and timing (Section 5)

    • Establishes multi-faceted timing rules for when a civil action may be commenced:
    • If the plaintiff was under 18 at the time of conduct: within 22 years after reaching the age of majority.
    • If the plaintiff was 18 or older at the time: within 10 years after the last treatment session.
    • Or within 5 years after the plaintiff discovers that the psychological injury was caused by the change efforts.
    • Discovery provisions clarify when a plaintiff is deemed to have discovered the link between the harm and the change efforts, including rules for what constitutes discovery and that partial knowledge of symptoms does not imply full discovery of all injuries.
    • Provisions also address suits by estates/personal representatives if the harmed person dies within the limitations period.

  • Existing statute modifications (Section 6)

    • Amends Kentucky Revised Statutes (KRS 413.140) to align various professional malpractice and related actions with the new framework, specifying accrual rules and exceptions for professional negligence-related claims within the context of the new act.

  • Severability and emergency declaration (Sections 7–8)

    • Provisions are severable if invalid provisions exist.
    • An emergency is declared, and the Act takes effect upon passage and approval or when it otherwise becomes law.

Who is affected

  • Mental health professionals practicing in Kentucky, including a wide range of licensed clinicians.
  • Employers, supervisors, or institutions employing or supervising such professionals, if they knew or should have known of the change efforts and failed to prevent them.
  • Personal representatives or estates of harmed individuals when applicable.
  • Courts in Kentucky (Circuit Courts in the appropriate counties) as the forum for civil actions.

Procedural and timeline considerations

  • The act creates a new cause of action with specific causation standards (general and specific causation) and broad remedial aims.
  • It introduces extended and special statutes of limitations based on recipient’s age at the time of conduct and discovery rules.
  • It specifies joint and several liability among liable parties.
  • It provides for discovery timelines and survival of actions beyond the death of the plaintiff.
  • The emergency designation implies immediate applicability upon enactment, subject to gubernatorial action.

Note: The summary focuses on the substantive provisions and potential impact as written in the bill text.

Compiled from official sources — confirm details with the bill’s official record.

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