WHAT THIS BILL REGULATES · 1 REQUIREMENT TYPE
How Is This Bill Enforced
Verbatim statutory text on the left; plain-language analysis and a per-section checklist on the right. Numbered markers cross-link to the matching checklist row.
(1)–(11) As used in Sections 1 to 3 of this Act: (1) "Administrative supportAdministrative support"Administrative support": (a) Means tasks performed to assist a licensed professional in the delivery of therapy or psychotherapy services that do not involve therapeutic communication; and (b) Includes but is not limited to: 1. Managing appointment scheduling and reminders; 2. Processing billing and insurance claims; and 3. Drafting general communications related to therapy logistics that do not include therapeutic communication or advice;Section 1(1)": (a) Means tasks performed to assist a licensed professionalLicensed professional"Licensed professional": (a) Means an individual who holds a valid license or certificate issued by any agency of this Commonwealth to provide therapy or psychotherapy services, including: 1. A licensed psychologist licensed under KRS Chapter 319; 2. A licensed clinical social worker licensed under KRS 335.100; 3. A certified social worker licensed under KRS 335.080; 4. A professional counselor credentialed under KRS 335.500 to 335.599; 5. A marriage and family therapist licensed under KRS 335.300 to 335.399; 6. A licensed alcohol and drug counselor licensed under KRS 309.080 to 309.089 authorized to provide therapy or psychotherapy services; 7. A licensed professional art therapist licensed under KRS 309.130 to 309.1399; 8. An advanced practice registered nurse licensed under KRS Chapter 314 engaged in providing mental health services; and 9. Any other professional authorized by this Commonwealth through a license or certificate to provide therapy or psychotherapy services; and (b) Does not include a physician;Section 1(4) in the delivery of therapy or psychotherapy servicesTherapy or psychotherapy services"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 counseling, self-help materials and educational resources, or peer support.Section 1(11) that do not involve therapeutic communicationTherapeutic communication"Therapeutic communication": (a) Means any verbal, nonverbal, or written interaction conducted in a clinical or professional setting that is intended to diagnose, treat, or address an individual's mental, emotional, or behavioral health concern; and (b) Includes but is not limited to: 1. Direct interactions with clients for the purpose of understanding or reflecting their thoughts, emotions, or experiences; 2. Providing guidance, therapeutic strategies, or interventions designed to achieve mental health outcomes; 3. Offering emotional support, reassurance, or empathy in response to psychological or emotional distress; 4. Collaborating with clients to develop or modify therapeutic goals or treatment plans; and 5. Offering behavioral feedback intended to promote psychological growth or address mental health conditions;Section 1(10); and (b) Includes but is not limited to: 1. Managing appointment scheduling and reminders; 2. Processing billing and insurance claims; and 3. Drafting general communications related to therapy logistics that do not include therapeutic communicationTherapeutic communication"Therapeutic communication": (a) Means any verbal, nonverbal, or written interaction conducted in a clinical or professional setting that is intended to diagnose, treat, or address an individual's mental, emotional, or behavioral health concern; and (b) Includes but is not limited to: 1. Direct interactions with clients for the purpose of understanding or reflecting their thoughts, emotions, or experiences; 2. Providing guidance, therapeutic strategies, or interventions designed to achieve mental health outcomes; 3. Offering emotional support, reassurance, or empathy in response to psychological or emotional distress; 4. Collaborating with clients to develop or modify therapeutic goals or treatment plans; and 5. Offering behavioral feedback intended to promote psychological growth or address mental health conditions;Section 1(10) or advice; (2) "Artificial intelligenceArtificial intelligence"Artificial intelligence" has the same meaning as in KRS 42.722;Section 1(2)" has the same meaning as in KRS 42.722; (3) "ConsentConsent"Consent": (a) Means a clear, explicit affirmative act by an individual that: 1. Unambiguously communicates the individual's express, freely given, informed, voluntary, specific, and unambiguous written agreement, including a written agreement provided by electronic means; and 2. Is revocable by the individual; and (b) Does not include an agreement that is obtained by: 1. The acceptance of a general or broad terms of use agreement or a similar document that contains descriptions of artificial intelligence along with other unrelated information; 2. An individual hovering over, muting, pausing, or closing a given piece of digital content; or 3. Deceptive actions;Section 1(3)": (a) Means a clear, explicit affirmative act by an individual that: 1. Unambiguously communicates the individual's express, freely given, informed, voluntary, specific, and unambiguous written agreement, including a written agreement provided by electronic means; and 2. Is revocable by the individual; and (b) Does not include an agreement that is obtained by: 1. The acceptance of a general or broad terms of use agreement or a similar document that contains descriptions of artificial intelligenceArtificial intelligence"Artificial intelligence" has the same meaning as in KRS 42.722;Section 1(2) along with other unrelated information; 2. An individual hovering over, muting, pausing, or closing a given piece of digital content; or 3. Deceptive actions; (4) "Licensed professionalLicensed professional"Licensed professional": (a) Means an individual who holds a valid license or certificate issued by any agency of this Commonwealth to provide therapy or psychotherapy services, including: 1. A licensed psychologist licensed under KRS Chapter 319; 2. A licensed clinical social worker licensed under KRS 335.100; 3. A certified social worker licensed under KRS 335.080; 4. A professional counselor credentialed under KRS 335.500 to 335.599; 5. A marriage and family therapist licensed under KRS 335.300 to 335.399; 6. A licensed alcohol and drug counselor licensed under KRS 309.080 to 309.089 authorized to provide therapy or psychotherapy services; 7. A licensed professional art therapist licensed under KRS 309.130 to 309.1399; 8. An advanced practice registered nurse licensed under KRS Chapter 314 engaged in providing mental health services; and 9. Any other professional authorized by this Commonwealth through a license or certificate to provide therapy or psychotherapy services; and (b) Does not include a physician;Section 1(4)": (a) Means an individual who holds a valid license or certificate issued by any agency of this Commonwealth to provide therapy or psychotherapy servicesTherapy or psychotherapy services"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 counseling, self-help materials and educational resources, or peer support.Section 1(11), including: 1. A licensed psychologist licensed under KRS Chapter 319; 2. A licensed clinical social worker licensed under KRS 335.100; 3. A certified social worker licensed under KRS 335.080; 4. A professional counselor credentialed under KRS 335.500 to 335.599; 5. A marriage and family therapist licensed under KRS 335.300 to 335.399; 6. A licensed alcohol and drug counselor licensed under KRS 309.080 to 309.089 authorized to provide therapy or psychotherapy servicesTherapy or psychotherapy services"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 counseling, self-help materials and educational resources, or peer support.Section 1(11); 7. A licensed professionalLicensed professional"Licensed professional": (a) Means an individual who holds a valid license or certificate issued by any agency of this Commonwealth to provide therapy or psychotherapy services, including: 1. A licensed psychologist licensed under KRS Chapter 319; 2. A licensed clinical social worker licensed under KRS 335.100; 3. A certified social worker licensed under KRS 335.080; 4. A professional counselor credentialed under KRS 335.500 to 335.599; 5. A marriage and family therapist licensed under KRS 335.300 to 335.399; 6. A licensed alcohol and drug counselor licensed under KRS 309.080 to 309.089 authorized to provide therapy or psychotherapy services; 7. A licensed professional art therapist licensed under KRS 309.130 to 309.1399; 8. An advanced practice registered nurse licensed under KRS Chapter 314 engaged in providing mental health services; and 9. Any other professional authorized by this Commonwealth through a license or certificate to provide therapy or psychotherapy services; and (b) Does not include a physician;Section 1(4) art therapist licensed under KRS 309.130 to 309.1399; 8. An advanced practice registered nurse licensed under KRS Chapter 314 engaged in providing mental health services; and 9. Any other professional authorized by this Commonwealth through a license or certificate to provide therapy or psychotherapy servicesTherapy or psychotherapy services"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 counseling, self-help materials and educational resources, or peer support.Section 1(11); and (b) Does not include a physician; (5) "Peer supportPeer support"Peer support" means services provided by individuals with lived experience of mental health conditions or recovery from substance use that are intended to offer encouragement, understanding, and guidance without clinical intervention;Section 1(5)" means services provided by individuals with lived experience of mental health conditions or recovery from substance use that are intended to offer encouragement, understanding, and guidance without clinical intervention; (6) "Permitted use of artificial intelligencePermitted use of artificial intelligence"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, and data use associated with the system and satisfies the requirements of Section 2 of this Act;Section 1(6)" means the use of artificial intelligenceArtificial intelligence"Artificial intelligence" has the same meaning as in KRS 42.722;Section 1(2) tools or systems by a licensed professionalLicensed professional"Licensed professional": (a) Means an individual who holds a valid license or certificate issued by any agency of this Commonwealth to provide therapy or psychotherapy services, including: 1. A licensed psychologist licensed under KRS Chapter 319; 2. A licensed clinical social worker licensed under KRS 335.100; 3. A certified social worker licensed under KRS 335.080; 4. A professional counselor credentialed under KRS 335.500 to 335.599; 5. A marriage and family therapist licensed under KRS 335.300 to 335.399; 6. A licensed alcohol and drug counselor licensed under KRS 309.080 to 309.089 authorized to provide therapy or psychotherapy services; 7. A licensed professional art therapist licensed under KRS 309.130 to 309.1399; 8. An advanced practice registered nurse licensed under KRS Chapter 314 engaged in providing mental health services; and 9. Any other professional authorized by this Commonwealth through a license or certificate to provide therapy or psychotherapy services; and (b) Does not include a physician;Section 1(4) to assist in providing administrative supportAdministrative support"Administrative support": (a) Means tasks performed to assist a licensed professional in the delivery of therapy or psychotherapy services that do not involve therapeutic communication; and (b) Includes but is not limited to: 1. Managing appointment scheduling and reminders; 2. Processing billing and insurance claims; and 3. Drafting general communications related to therapy logistics that do not include therapeutic communication or advice;Section 1(1) or supplementary supportSupplementary support"Supplementary support" includes but is not limited to the: (a) Preparing and maintaining of client records, including therapy notes; (b) Analyzing of anonymized data to track client progress or identify trends, subject to review by a licensed professional; and (c) Identifying and organizing of external resources or referrals for client use;Section 1(9) in therapy or psychotherapy servicesTherapy or psychotherapy services"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 counseling, self-help materials and educational resources, or peer support.Section 1(11) where the licensed professionalLicensed professional"Licensed professional": (a) Means an individual who holds a valid license or certificate issued by any agency of this Commonwealth to provide therapy or psychotherapy services, including: 1. A licensed psychologist licensed under KRS Chapter 319; 2. A licensed clinical social worker licensed under KRS 335.100; 3. A certified social worker licensed under KRS 335.080; 4. A professional counselor credentialed under KRS 335.500 to 335.599; 5. A marriage and family therapist licensed under KRS 335.300 to 335.399; 6. A licensed alcohol and drug counselor licensed under KRS 309.080 to 309.089 authorized to provide therapy or psychotherapy services; 7. A licensed professional art therapist licensed under KRS 309.130 to 309.1399; 8. An advanced practice registered nurse licensed under KRS Chapter 314 engaged in providing mental health services; and 9. Any other professional authorized by this Commonwealth through a license or certificate to provide therapy or psychotherapy services; and (b) Does not include a physician;Section 1(4) maintains full responsibility for all interactions, outputs, and data use associated with the system and satisfies the requirements of Section 2 of this Act; (7) "Relevant boardRelevant board"Relevant board" means the applicable state board that licenses, certifies, regulates, or oversees the specific type of licensed professional;Section 1(7)" means the applicable state board that licenses, certifies, regulates, or oversees the specific type of licensed professionalLicensed professional"Licensed professional": (a) Means an individual who holds a valid license or certificate issued by any agency of this Commonwealth to provide therapy or psychotherapy services, including: 1. A licensed psychologist licensed under KRS Chapter 319; 2. A licensed clinical social worker licensed under KRS 335.100; 3. A certified social worker licensed under KRS 335.080; 4. A professional counselor credentialed under KRS 335.500 to 335.599; 5. A marriage and family therapist licensed under KRS 335.300 to 335.399; 6. A licensed alcohol and drug counselor licensed under KRS 309.080 to 309.089 authorized to provide therapy or psychotherapy services; 7. A licensed professional art therapist licensed under KRS 309.130 to 309.1399; 8. An advanced practice registered nurse licensed under KRS Chapter 314 engaged in providing mental health services; and 9. Any other professional authorized by this Commonwealth through a license or certificate to provide therapy or psychotherapy services; and (b) Does not include a physician;Section 1(4); (8) "Religious counselingReligious counseling"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;Section 1(8)" 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 servicesTherapy or psychotherapy services"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 counseling, self-help materials and educational resources, or peer support.Section 1(11); (9) "Supplementary supportSupplementary support"Supplementary support" includes but is not limited to the: (a) Preparing and maintaining of client records, including therapy notes; (b) Analyzing of anonymized data to track client progress or identify trends, subject to review by a licensed professional; and (c) Identifying and organizing of external resources or referrals for client use;Section 1(9)" includes but is not limited to the: (a) Preparing and maintaining of client records, including therapy notes; (b) Analyzing of anonymized data to track client progress or identify trends, subject to review by a licensed professionalLicensed professional"Licensed professional": (a) Means an individual who holds a valid license or certificate issued by any agency of this Commonwealth to provide therapy or psychotherapy services, including: 1. A licensed psychologist licensed under KRS Chapter 319; 2. A licensed clinical social worker licensed under KRS 335.100; 3. A certified social worker licensed under KRS 335.080; 4. A professional counselor credentialed under KRS 335.500 to 335.599; 5. A marriage and family therapist licensed under KRS 335.300 to 335.399; 6. A licensed alcohol and drug counselor licensed under KRS 309.080 to 309.089 authorized to provide therapy or psychotherapy services; 7. A licensed professional art therapist licensed under KRS 309.130 to 309.1399; 8. An advanced practice registered nurse licensed under KRS Chapter 314 engaged in providing mental health services; and 9. Any other professional authorized by this Commonwealth through a license or certificate to provide therapy or psychotherapy services; and (b) Does not include a physician;Section 1(4); and (c) Identifying and organizing of external resources or referrals for client use; (10) "Therapeutic communicationTherapeutic communication"Therapeutic communication": (a) Means any verbal, nonverbal, or written interaction conducted in a clinical or professional setting that is intended to diagnose, treat, or address an individual's mental, emotional, or behavioral health concern; and (b) Includes but is not limited to: 1. Direct interactions with clients for the purpose of understanding or reflecting their thoughts, emotions, or experiences; 2. Providing guidance, therapeutic strategies, or interventions designed to achieve mental health outcomes; 3. Offering emotional support, reassurance, or empathy in response to psychological or emotional distress; 4. Collaborating with clients to develop or modify therapeutic goals or treatment plans; and 5. Offering behavioral feedback intended to promote psychological growth or address mental health conditions;Section 1(10)": (a) Means any verbal, nonverbal, or written interaction conducted in a clinical or professional setting that is intended to diagnose, treat, or address an individual's mental, emotional, or behavioral health concern; and (b) Includes but is not limited to: 1. Direct interactions with clients for the purpose of understanding or reflecting their thoughts, emotions, or experiences; 2. Providing guidance, therapeutic strategies, or interventions designed to achieve mental health outcomes; 3. Offering emotional support, reassurance, or empathy in response to psychological or emotional distress; 4. Collaborating with clients to develop or modify therapeutic goals or treatment plans; and 5. Offering behavioral feedback intended to promote psychological growth or address mental health conditions; and (11) "Therapy or psychotherapy servicesTherapy or psychotherapy services"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 counseling, self-help materials and educational resources, or peer support.Section 1(11)": (a) Means services provided by a licensed professionalLicensed professional"Licensed professional": (a) Means an individual who holds a valid license or certificate issued by any agency of this Commonwealth to provide therapy or psychotherapy services, including: 1. A licensed psychologist licensed under KRS Chapter 319; 2. A licensed clinical social worker licensed under KRS 335.100; 3. A certified social worker licensed under KRS 335.080; 4. A professional counselor credentialed under KRS 335.500 to 335.599; 5. A marriage and family therapist licensed under KRS 335.300 to 335.399; 6. A licensed alcohol and drug counselor licensed under KRS 309.080 to 309.089 authorized to provide therapy or psychotherapy services; 7. A licensed professional art therapist licensed under KRS 309.130 to 309.1399; 8. An advanced practice registered nurse licensed under KRS Chapter 314 engaged in providing mental health services; and 9. Any other professional authorized by this Commonwealth through a license or certificate to provide therapy or psychotherapy services; and (b) Does not include a physician;Section 1(4) to diagnose, treat, or improve an individual's mental health or behavioral health; and (b) Does not include religious counselingReligious counseling"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;Section 1(8), self-help materials and educational resources, or peer supportPeer support"Peer support" means services provided by individuals with lived experience of mental health conditions or recovery from substance use that are intended to offer encouragement, understanding, and guidance without clinical intervention;Section 1(5).
Section 1 establishes the definitional framework for the Act, creating eleven defined terms. The most consequential definitions are licensed professional, which enumerates nine categories of state-licensed mental health practitioners (but expressly excludes physicians), and permitted use of artificial intelligence, which confines lawful AI use by those professionals to administrative and supplementary support tasks where the professional retains full responsibility and complies with Section 2's requirements. The definition of consent is notably strict, requiring a clear, explicit, freely given, revocable written act and expressly excluding bundled terms-of-use agreements, passive UI interactions, and deceptive actions.
(1)(a) 1 A licensed professionalLicensed professional"Licensed professional": (a) Means an individual who holds a valid license or certificate issued by any agency of this Commonwealth to provide therapy or psychotherapy services, including: 1. A licensed psychologist licensed under KRS Chapter 319; 2. A licensed clinical social worker licensed under KRS 335.100; 3. A certified social worker licensed under KRS 335.080; 4. A professional counselor credentialed under KRS 335.500 to 335.599; 5. A marriage and family therapist licensed under KRS 335.300 to 335.399; 6. A licensed alcohol and drug counselor licensed under KRS 309.080 to 309.089 authorized to provide therapy or psychotherapy services; 7. A licensed professional art therapist licensed under KRS 309.130 to 309.1399; 8. An advanced practice registered nurse licensed under KRS Chapter 314 engaged in providing mental health services; and 9. Any other professional authorized by this Commonwealth through a license or certificate to provide therapy or psychotherapy services; and (b) Does not include a physician;Section 1(4): (a) Shall not use artificial intelligenceArtificial intelligence"Artificial intelligence" has the same meaning as in KRS 42.722;Section 1(2) to assist in providing supplementary supportSupplementary support"Supplementary support" includes but is not limited to the: (a) Preparing and maintaining of client records, including therapy notes; (b) Analyzing of anonymized data to track client progress or identify trends, subject to review by a licensed professional; and (c) Identifying and organizing of external resources or referrals for client use;Section 1(9) in therapy or psychotherapy servicesTherapy or psychotherapy services"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 counseling, self-help materials and educational resources, or peer support.Section 1(11) where the client's therapeutic session is recorded or transcribed unless: 1. The patient or the patient's legally authorized representative is informed in writing of the following: a. That artificial intelligenceArtificial intelligence"Artificial intelligence" has the same meaning as in KRS 42.722;Section 1(2) will be used; and b. The specific purpose of the artificial intelligenceArtificial intelligence"Artificial intelligence" has the same meaning as in KRS 42.722;Section 1(2) tool or system that will be used; and 2. The patient or the patient's legally authorized representative provides consentConsent"Consent": (a) Means a clear, explicit affirmative act by an individual that: 1. Unambiguously communicates the individual's express, freely given, informed, voluntary, specific, and unambiguous written agreement, including a written agreement provided by electronic means; and 2. Is revocable by the individual; and (b) Does not include an agreement that is obtained by: 1. The acceptance of a general or broad terms of use agreement or a similar document that contains descriptions of artificial intelligence along with other unrelated information; 2. An individual hovering over, muting, pausing, or closing a given piece of digital content; or 3. Deceptive actions;Section 1(3) to the use of artificial intelligenceArtificial intelligence"Artificial intelligence" has the same meaning as in KRS 42.722;Section 1(2);
(1)(b) 2 May use artificial intelligenceArtificial intelligence"Artificial intelligence" has the same meaning as in KRS 42.722;Section 1(2) only to the extent it is a permitted use of artificial intelligencePermitted use of artificial intelligence"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, and data use associated with the system and satisfies the requirements of Section 2 of this Act;Section 1(6) and the use meets the requirements of this section;
(1)(c) 3 Shall not allow artificial intelligenceArtificial intelligence"Artificial intelligence" has the same meaning as in KRS 42.722;Section 1(2) to: 1. Make independent therapeutic decisions; or 2. Generate therapeutic recommendations or treatment plans without review and approval by the licensed professionalLicensed professional"Licensed professional": (a) Means an individual who holds a valid license or certificate issued by any agency of this Commonwealth to provide therapy or psychotherapy services, including: 1. A licensed psychologist licensed under KRS Chapter 319; 2. A licensed clinical social worker licensed under KRS 335.100; 3. A certified social worker licensed under KRS 335.080; 4. A professional counselor credentialed under KRS 335.500 to 335.599; 5. A marriage and family therapist licensed under KRS 335.300 to 335.399; 6. A licensed alcohol and drug counselor licensed under KRS 309.080 to 309.089 authorized to provide therapy or psychotherapy services; 7. A licensed professional art therapist licensed under KRS 309.130 to 309.1399; 8. An advanced practice registered nurse licensed under KRS Chapter 314 engaged in providing mental health services; and 9. Any other professional authorized by this Commonwealth through a license or certificate to provide therapy or psychotherapy services; and (b) Does not include a physician;Section 1(4).
(2) 4 An individual, corporation, or entity shall not provide, advertise, or otherwise offer therapy or psychotherapy servicesTherapy or psychotherapy services"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 counseling, self-help materials and educational resources, or peer support.Section 1(11), including through the use of internet-based artificial intelligenceArtificial intelligence"Artificial intelligence" has the same meaning as in KRS 42.722;Section 1(2), to the public in this Commonwealth unless the therapy or psychotherapy servicesTherapy or psychotherapy services"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 counseling, self-help materials and educational resources, or peer support.Section 1(11) are performed by an individual who is a licensed professionalLicensed professional"Licensed professional": (a) Means an individual who holds a valid license or certificate issued by any agency of this Commonwealth to provide therapy or psychotherapy services, including: 1. A licensed psychologist licensed under KRS Chapter 319; 2. A licensed clinical social worker licensed under KRS 335.100; 3. A certified social worker licensed under KRS 335.080; 4. A professional counselor credentialed under KRS 335.500 to 335.599; 5. A marriage and family therapist licensed under KRS 335.300 to 335.399; 6. A licensed alcohol and drug counselor licensed under KRS 309.080 to 309.089 authorized to provide therapy or psychotherapy services; 7. A licensed professional art therapist licensed under KRS 309.130 to 309.1399; 8. An advanced practice registered nurse licensed under KRS Chapter 314 engaged in providing mental health services; and 9. Any other professional authorized by this Commonwealth through a license or certificate to provide therapy or psychotherapy services; and (b) Does not include a physician;Section 1(4).
(3) 5 All records kept by a licensed professionalLicensed professional"Licensed professional": (a) Means an individual who holds a valid license or certificate issued by any agency of this Commonwealth to provide therapy or psychotherapy services, including: 1. A licensed psychologist licensed under KRS Chapter 319; 2. A licensed clinical social worker licensed under KRS 335.100; 3. A certified social worker licensed under KRS 335.080; 4. A professional counselor credentialed under KRS 335.500 to 335.599; 5. A marriage and family therapist licensed under KRS 335.300 to 335.399; 6. A licensed alcohol and drug counselor licensed under KRS 309.080 to 309.089 authorized to provide therapy or psychotherapy services; 7. A licensed professional art therapist licensed under KRS 309.130 to 309.1399; 8. An advanced practice registered nurse licensed under KRS Chapter 314 engaged in providing mental health services; and 9. Any other professional authorized by this Commonwealth through a license or certificate to provide therapy or psychotherapy services; and (b) Does not include a physician;Section 1(4) and all communications between an individual seeking therapy or psychotherapy servicesTherapy or psychotherapy services"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 counseling, self-help materials and educational resources, or peer support.Section 1(11) and a licensed professionalLicensed professional"Licensed professional": (a) Means an individual who holds a valid license or certificate issued by any agency of this Commonwealth to provide therapy or psychotherapy services, including: 1. A licensed psychologist licensed under KRS Chapter 319; 2. A licensed clinical social worker licensed under KRS 335.100; 3. A certified social worker licensed under KRS 335.080; 4. A professional counselor credentialed under KRS 335.500 to 335.599; 5. A marriage and family therapist licensed under KRS 335.300 to 335.399; 6. A licensed alcohol and drug counselor licensed under KRS 309.080 to 309.089 authorized to provide therapy or psychotherapy services; 7. A licensed professional art therapist licensed under KRS 309.130 to 309.1399; 8. An advanced practice registered nurse licensed under KRS Chapter 314 engaged in providing mental health services; and 9. Any other professional authorized by this Commonwealth through a license or certificate to provide therapy or psychotherapy services; and (b) Does not include a physician;Section 1(4) shall be confidential and shall not be disclosed except as required by KRS 210.235.
Section 2 is the operative heart of the bill, imposing three distinct sets of obligations. Licensed professionals must obtain written informed consent — meeting the strict standard defined in Section 1(3) — before using AI to record or transcribe therapeutic sessions. AI use is limited to permitted uses (administrative and supplementary support) where the professional retains full responsibility. AI is categorically prohibited from making independent therapeutic decisions or generating treatment plans without the licensed professional's review and approval.
Subsection (2) extends beyond licensed professionals to prohibit any individual, corporation, or entity from offering therapy or psychotherapy services to the public in Kentucky through AI unless those services are performed by a licensed professional. Subsection (3) imposes a blanket confidentiality requirement on all records and communications between clients and licensed professionals, with disclosure permitted only under KRS 210.235.
(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 relevant boardRelevant board"Relevant board" means the applicable state board that licenses, certifies, regulates, or oversees the specific type of licensed professional;Section 1(7) in an amount not to exceed ten thousand dollars ($10,000) per violation, as determined by the relevant boardRelevant board"Relevant board" means the applicable state board that licenses, certifies, regulates, or oversees the specific type of licensed professional;Section 1(7), with penalties assessed based on the degree of harm and the circumstances of the violation.
(2) A civil penalty shall be: (a) Assessed by the relevant boardRelevant board"Relevant board" means the applicable state board that licenses, certifies, regulates, or oversees the specific type of licensed professional;Section 1(7) after a hearing is held by the relevant boardRelevant board"Relevant board" means the applicable state board that licenses, certifies, regulates, or oversees the specific type of licensed professional;Section 1(7) in accordance with KRS Chapter 13B; and (b) Paid within sixty (60) days after the date of an order by the relevant boardRelevant board"Relevant board" means the applicable state board that licenses, certifies, regulates, or oversees the specific type of licensed professional;Section 1(7) imposing the civil penalty.
(3) The relevant boardRelevant board"Relevant board" means the applicable state board that licenses, certifies, regulates, or oversees the specific type of licensed professional;Section 1(7) shall have authority to investigate any actual, alleged, or suspected violation of Sections 1 to 3 of this Act.
(4) Sections 1 to 3 of this Act do not apply to religious counselingReligious counseling"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;Section 1(8), peer supportPeer support"Peer support" means services provided by individuals with lived experience of mental health conditions or recovery from substance use that are intended to offer encouragement, understanding, and guidance without clinical intervention;Section 1(5), or self-help materials and educational resources that are available to the public and do not purport to offer therapy or psychotherapy servicesTherapy or psychotherapy services"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 counseling, self-help materials and educational resources, or peer support.Section 1(11).
Section 3 establishes the enforcement framework. The relevant state licensing board may investigate violations and impose civil penalties up to $10,000 per violation, calibrated to the degree of harm and circumstances. Penalties are assessed through an administrative hearing under KRS Chapter 13B and must be paid within 60 days of the board's order. No private right of action is created.
The section also carves out exemptions for religious counseling, peer support, and self-help or educational materials that are publicly available and do not purport to offer therapy or psychotherapy services.
Whereas the General Assembly seeks to protect vulnerable Kentuckians from harm caused by artificial intelligenceArtificial intelligence"Artificial intelligence" has the same meaning as in KRS 42.722;Section 1(2), an emergency is declared to exist, and this Act takes effect upon its passage and approval by the Governor or upon its otherwise becoming a law.
Section 4 declares an emergency to protect vulnerable Kentuckians from harm caused by AI and provides that the Act takes effect upon passage and approval by the Governor or upon otherwise becoming law. This means there is no delayed effective date — the Act's obligations are operative immediately upon enactment.