Text of KY HB 495 (2025)

UNOFFICIAL COPY 25 RS BR 1601 Page 1 of 3 XXXX 2/12/2025 12:18 PM Jacketed AN ACT relating to mental health counseling services and declaring an emergency. 1 Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2 SECTION 1. A NEW SECTION OF KRS CHAPTER 344 IS CREATED TO 3 READ AS FOLLOWS: 4 As used in Sections 1 to 3 of this Act: 5 (1) "Discriminate": 6 (a) Means to take any adverse action against, or communicate any threat of 7 adverse action to, a mental health care professional or mental health care 8 institution as a result of exercising the rights provided under Sections 1 to 3 9 of this Act; and 10 (b) Includes but is not limited to any penalty, disciplinary or retaliatory action, 11 or any reduction, withholding, exclusion, termination, or otherwise denying 12 or making unavailable, any funding, contract, or agreement, whether 13 executed or threatened; 14 (2) "Hiring or licensing authority" means any official, board, commission, or 15 department of the Commonwealth of Kentucky, its agencies, or political 16 subdivisions, responsible by law for the hiring of persons for public employment 17 or the licensing of persons for occupations; 18 (3) "Mental health care institution " means any entity that provides mental health 19 care services including but not limited to organizations, corporations, 20 partnerships, associations, agencies, networks, sole proprietorships, and joint 21 ventures; 22 (4) "Mental health care professional" means any person who is authorized by law to 23 provide or participate in a mental health care service; 24 (5) "Mental health care service" means mental health care provided to any patient or 25 client at any time over the entire course of treatment including but not limited to 26 diagnosis, referral, or mental health therapy or counseling; 27 UNOFFICIAL COPY 25 RS BR 1601 Page 2 of 3 XXXX 2/12/2025 12:18 PM Jacketed (6) "Protected counseling service" means counseling, talk therapy, or other speech- 1 based mental health service performed with the goal or purpose to relieve 2 discomfort or distress caused by an individual's sex or romantic or sexual 3 attraction, provided that the service involves no obscene materials or aversive 4 treatments that inflict physical discomfort or pain, or require any lewd or 5 lascivious conduct; and 6 (7) "Regulated health care entity" means any health care professional or health care 7 institution that is certified, authorized, or licensed by the Commonwealth of 8 Kentucky, or that receives any form of state funding or state insurance 9 reimbursement. 10 SECTION 2. A NEW SECTION OF KRS CHAPTER 344 IS CREATED TO 11 READ AS FOLLOWS: 12 (1) Notwithstanding any other law, administrative regulation, or order to the 13 contrary, the Commonwealth, any of its agencies or political subdivisions, 14 including any hiring or licensing authority, or any regulated health care entity 15 shall not: 16 (a) Discriminate against any: 17 1. Mental health care professional or mental health care institution for 18 providing protected counseling services; 19 2. Individual or organization that provides information, training, 20 referrals, or other support for protected counseling services; 21 3. Parent or guardian of a child for consenting to the child receiving or 22 helping the child receive protected counseling services; or 23 4. Ordained ministry or the denominational equivalent from providing 24 protected counseling services as part of pastoral counseling under 25 KRS Chapter 335; or 26 (b) Solely on the basis that the mental health care professional or mental health 27 UNOFFICIAL COPY 25 RS BR 1601 Page 3 of 3 XXXX 2/12/2025 12:18 PM Jacketed care institution provides protected counseling services: 1 1. Report or investigate a mental health care professional or mental 2 health care institution to any hiring or licensing authority; or 3 2. Deny a mental health care professional or mental health care 4 institution eligibility for state or federal funds. 5 SECTION 3. A NEW SECTION OF KRS CHAPTER 344 IS CREATED TO 6 READ AS FOLLOWS: 7 Any person injured by a violation of Sections 1 to 3 of this Act shall have a civil cause 8 of action in Circuit Court to: 9 (1) Enjoin further violations; 10 (2) Recover actual damages sustained; 11 (3) Recover the costs of the action including reasonable attorney's fees; and 12 (4) Obtain any other appropriate relief, which may include reinstatement of a mental 13 health care professional to his or her previous position, reinstatement of board 14 certification, or relicensure of a mental health care institution. 15 Section 4. If any provision of this Act or the application thereof to any person 16 or circumstance is held invalid, the invalidity shall not affect other provisions or 17 applications of the Act that can be given effect without the invalid provision or 18 application, and to this end the provisions of this Act are severable. 19 Section 5. This Act may be cited as the Mental Health Counseling Protection 20 Act. 21 Section 6. Whereas Kentucky has a paramount interest in improving the 22 landscape of its mental health care services by protecting patient and client autonomy, an 23 emergency is declared to exist, and this Act takes effect upon its passage and approval by 24 the Governor or upon its otherwise becoming a law. 25

CHAPTER 107 Legislative Research Commission PDF Version 1 CHAPTER 107 ( HB 495 ) AN ACT relating to healthcare services and declaring an emergency. Be it enacted by the General Assembly of the Commonwealth of Kentucky: SECTION 1. A NEW SECTION OF KRS CHAPTER 205 IS CREATED TO READ AS FOLLOWS: Notwithstanding any provision of law to the contrary and unless required under federal law, the Department for Medicaid Services and any managed care organization with whom the department contracts for the delivery of Medicaid services are hereby prohibited from expending any Medicaid funds on any of the following: (1) Cross-sex hormones in amounts greater than would normally be produced endogenously in a healthy person of the same age and sex; and (2) Gender reassignment surgery to alter or remove physical or anatomical characteristics or features that are typical for and characteristic of a person's biological sex. Section 2. Notwithstanding any law, administrative regulation, executive order, or directive to the contrary, Executive Order 2024-632 shall be of no force or effect as of the effective date of this Act. Section 3. Notwithstanding any law, administrative regulation, executive order, or directive to the contrary, any administrative regulation, executive order, or directive that is identical to or substantially the same as Executive Order 2024-632 shall be of no force or effect as of the effective date of this Act through January 1, 2028. Section 4. Whereas the General Assembly seeks to protect the rights of all Kentuckians, an emergency is declared to exist, and Sections 2 and 3 of this Act take effect upon its passage and approval by the Governor or upon its otherwise becoming a law. Veto Overridden March 27, 2025.