KY HB641: AN ACT relating to mental health chatbots.

In one paragraph

Kentucky's HB 641 (the Artificial Intelligence in Mental Health Act, as introduced) would add sections to KRS Chapter 367 regulating suppliers of mental health chatbots, AI systems that use generative AI to hold therapy-like conversations. Suppliers could not sell or share users' health information or input, would have to label and disclose any advertising, and would have to disclose every 30 minutes that the chatbot is AI. The Attorney General could fine up to $2,500 per violation. Introduced February 13, 2026 and referred to the House Small Business & Information Technology Committee; it died in committee when the session ended.

Plain-English summary, written with AI assistance. The official text controls.

What it means for business

None: the bill died and did not become law. It would have required mental health chatbot suppliers to disclose AI status, restrict data sharing and advertising, and face Attorney General enforcement.

Key provisions

1. 1Mental health chatbot: an AI system using generative AI for interactive conversations similar to those with a licensed mental health therapist that a supplier represents, or a reasonable person would believe, can provide mental health therapy or help manage or treat mental health conditions; scripted tools and systems that only connect users to therapists are excluded
2. 2A supplier could not sell to or share with a third party a user's individually identifiable health information or user input; health information (not user input) could still go to a health care provider requesting it with the user's consent, to the user's health plan at the user's request, or to a contractor for chatbot functionality under HIPAA safeguards
3. 3A supplier could not use the chatbot to advertise a specific product or service unless it clearly identifies the advertisement and discloses any sponsorship, affiliation or promotion agreement; user input could not be used to target or customize advertisements, except for ads for the chatbot itself
4. 4The chatbot would have to clearly disclose it is AI and not a human before the user accesses its features, before any interaction after seven days of non-use, every 30 minutes, and whenever the user asks about AI use
5. 5An affirmative defense in actions under a state licensing statute would require a written safety policy filed with the Attorney General, supporting documentation, and compliance with that policy
6. 6The Attorney General would enforce under the Kentucky Consumer Protection Act, could impose an administrative fine up to $2,500 per violation, and a court could impose a civil penalty up to $5,000 per violation of an order
7. 7Status: introduced in the House February 13, 2026; sent to Small Business & Information Technology February 23, 2026; no further action, not enacted

Latest legislative action

Feb 23, 2026. to Small Business & Information Technology (H)

Sponsors