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KY AI Therapy Restrictions

Kentucky AI Therapy Restrictions Act (HB 455)

Bars licensed mental health professionals from using AI to diagnose or deliver therapy, and prohibits AI from making independent therapeutic decisions or generating treatment plans without licensed therapist review.

Jurisdiction

Kentucky

Enacted

Pending

Effective

TBD

Enforcement

Professional licensing boards

Passed House 88-7 on February 24, 2026. Crossed over to Senate. Includes emergency clause for immediate effect upon signing.

Kentucky Legislature

Why It Matters

Establishes clear boundaries between AI tools and licensed mental health practice, prohibiting AI from substituting for professional therapeutic judgment while allowing administrative use.

Recent Developments

Passed House 88-7 on February 24, 2026. Sponsor: Rep. Kim Banta (R-Fort Mitchell). Explicitly names ChatGPT, Gemini, and Claude as examples of AI systems covered.

At a Glance

Applies to

Mental Health AppGeneral ChatbotHealthcare AI

Harms addressed

Who Must Comply

  • Licensed mental health professionals (psychologists, social workers, counselors)
  • AI system developers and deployers in therapeutic contexts

Safety Provisions

  • Prohibits AI from making independent therapeutic decisions
  • Prohibits AI from generating treatment plans without licensed therapist review
  • Requires written patient consent if AI is used for session recording or transcription
  • AI may be used for administrative/clerical tasks with explicit consent

Exemptions

Administrative Use Exemption

AI may be used for administrative and clerical tasks (scheduling, notes, records) with explicit patient consent

  • • Explicit patient consent obtained
  • • AI not used for diagnosis or therapy

Religious Counseling Exemption

Religious counseling, peer support, and self-help materials are exempt

  • • Not licensed mental health professional

Compliance & Enforcement

Penalties

Professional licensing sanctions (unprofessional conduct)

View on map

Kentucky

Focus Areas

Mental health & crisis

Cite This

APA

Kentucky. (n.d.). Kentucky AI Therapy Restrictions Act (HB 455).

Related Regulations

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KY AI Governance Act

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Enacted US-TN

TN AI Mental Health Prohibition

Prohibits any individual or entity that develops or deploys AI from advertising or representing that the AI is or is able to act as a mental health professional or is capable of providing therapy services.

In Effect US-CA

CA SB 53

First US frontier AI transparency law. Requires large AI developers (>$500M revenue) to publish governance frameworks, submit quarterly risk reports, and report critical safety incidents. Applies to models trained with >10^26 FLOP.

Proposed US-CA

CA SB 867

Proposes a 4-year moratorium on the sale and manufacturing of toys with AI chatbot capabilities for children under 12. During the moratorium, a task force would develop safety standards with input from technologists, parents, and ethicists.

Proposed US-MO

MO AI Mental Health Prohibition

Prohibits any individual or entity that develops or deploys AI from advertising or representing that the AI is or is able to act as a mental health professional or is capable of providing therapy services. Violations treated as unlawful practice under the Missouri Merchandising Practices Act.

Pending US-FL

FL AI Bill of Rights

Establishes an 'AI Bill of Rights' for Floridians including the right to know if communicating with AI, parental controls over minors' AI chatbot access, prohibition on selling user data, disclosure requirements for AI-generated political ads, and protections against unauthorized use of name/image/likeness by AI.

Last updated March 23, 2026. Verify against primary sources before relying on this information.