(FRANKFORT, Ky.) — Kentucky legislators presented proposed legislation Tuesday that would eliminate the state’s requirement for water districts to add fluoride to public drinking water.
Rep. Mark Hart, R-Falmouth, and Sen. Greg Elkins, R-Winchester, testified before the Interim Joint Committee on State Government on a revised version of House Bill 16, which passed the House during the 2025 legislative session but did not become law. Hart said he has filed similar legislation nine times previously.
The lawmakers plan to introduce companion bills in both chambers when the General Assembly convenes Jan. 6, 2026.
Key Provisions
The proposed legislation would remove the state mandate requiring water producers to add fluoride to drinking water systems. The updated version includes liability protections for local water districts, addressing concerns raised by water system operators.
“One of the biggest concerns we heard was they were worried about possible litigation,” Hart said. “Doesn’t matter whether they keep fluoride in water or take it out, they are afraid they’re going to be sued with whatever decision is made.”
Under the proposal, decisions about water fluoridation would be made at the local level rather than mandated statewide.
Committee Discussion
Dr. Jack Kall, executive chair of the International Academy of Oral Medicine and Toxicology, presented research to the committee suggesting potential health concerns associated with water fluoridation, including possible impacts on children’s IQ. Kall stated that fluoride in toothpaste and dental treatments provides sufficient protection against tooth decay.
Rep. Matthew Lehman, D-Newport, noted that countries without water fluoridation programs mentioned in the presentation have comprehensive publicly funded dental programs. He questioned whether Kentucky should fund water fluoridation and dental health initiatives rather than maintaining an unfunded state mandate.
Several committee members framed the issue as one of local control. Rep. T.J. Roberts, R-Burlington, said he received multiple messages opposing legislation that would remove community water fluoridation programs, but characterized the proposal as expanding community-based decision making.
Rep. James Tipton, R-Taylorsville, asked whether the legislation would require public hearings before local water districts make decisions about fluoridation. Hart said it would not but indicated openness to such a provision.
Sen. Steve Rawlings, R-Burlington, said he would support the proposed legislation and indicated he would also support a complete ban on water fluoridation, citing actions taken by Florida and Utah.
The committee took no action on the proposal. The next Interim Joint Committee on State Government meeting is scheduled for Nov. 13 at 3 p.m.
