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HB 103KENTUCKYSession 2026RSState Billdead

Did Not Advance

Kentucky Makes Water Fluoridation Optional and Grants Liability Immunity to Water System Governing Bodies

Original title: AN ACT relating to water fluoridation programs.

Last action · February 6, 2026: received in Senate to Committee on Committees (S)Sponsors: Mark Hart and 34 others

Companion · SB 55same policy, Senate version

Bill progressHistory & official text ↓

Introduced

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Floor Vote

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What This Bill Proposed

Kentucky makes programs optional, leaving participation decisions solely to local water system governing bodies while granting them civil and criminal immunity for their choices. Existing fluoridation programs continue automatically unless the local votes to end them. Any decision by a primary water system to participate or opt out is binding on all dependent water systems supplied by it.

Why it matters

Local water system governing bodies gain sole discretion over whether to add fluoride to public drinking water, along with complete legal immunity from civil or criminal liability regarding those choices, while dependent water systems must follow the primary supplier's decision.

Background

Water fluoridation is a public health practice subject to varying levels of state regulation and local governance across the United States. context

Who It Would Have Affected

Groups the bill's text would have affected, as described in the record. Being affected is not a position for or against it.

Directly affected

water systems

Water systems are subject to optional fluoridation program decisions made by their governing body or primary water supplier.

Directly affected

governing bodies of a water system

Governing bodies hold sole authority to decide on water fluoridation participation and receive legal immunity for their discretionary choices and implementation actions.

Directly affected

Cabinet for Health and Family Services

The cabinet is tasked with establishing, maintaining, monitoring, and enforcing optional water fluoridation programs.

Key Facts

The cabinet shall establish, maintain, monitor, and enforce optional water fluoridation programs for dental health protection.
Participation in water fluoridation programs shall be solely decided by the governing body of a water system subject to cabinet regulation.
Existing water fluoridation programs in place on the effective date of the Act continue until the governing body takes action to end participation.
Decisions made by a water system's governing body regarding fluoridation are binding on all other water systems whose water is supplied by that system.

Show all 6 facts

Governing bodies, members, employees, and associated public entities or persons are granted immunity from civil or criminal liability under KRS 65.2003 for discretionary acts regarding optional water fluoridation participation or implementation.
The cabinet provides public health services including administrative, consultative, technical, and professional services to assist local health departments.

Frequently Asked Questions

Who decides whether a local water system adds fluoride to the water?

Participation in programs is decided solely by the of the water system that is subject to regulation by the cabinet.

Are water systems that receive water from another supplier permitted to make their own fluoridation decisions?

No. Any decision made by the of a water system regarding participation in a fluoridation program is binding on all water systems whose water is supplied by that primary water system.

Are water system officials protected from lawsuits regarding fluoridation decisions?

Yes. Governing bodies, their members and employees, and associated public entities are granted immunity from civil or criminal liability under KRS 65.2003 for exercising discretion regarding optional participation or implementing those decisions.

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Where This Stands

This bill did not become law - Died at adjournment · passed the House · in the Senate.

Procedural history

7 actions

Feb 6, 2026SenateIntroduced
received in Senate to Committee on Committees (S)
Feb 5, 2026HouseFloor
3rd reading, passed 67-29 with Committee Substitute (1)
Feb 4, 2026House
posted for passage in the Regular Orders of the Day for Thursday, February 05 2026
Jan 29, 2026HouseFloor
2nd reading, to Rules
Jan 28, 2026House
reported favorably, 1st reading, to Calendar with Committee Substitute (1)
Jan 14, 2026HouseCommittee
to Local Government (H)

Show 1 earlier action

Jan 7, 2026HouseIntroduced
introduced in House to Committee on Committees (H)

Version history

Only one version on file - nothing to compare yet. As later stages (committee substitute, engrossed, enrolled) are captured, the redline appears here.

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