Two Kentucky lawmakers are hoping 2026 will be the year a bill to remove the state mandate for fluoride in Kentucky’s drinking water crosses the finish line.
Rep. Mark Hart, R-Falmouth, has filed legislation similar to House Bill 16 from the 2025 legislative session nine times, he said. The bill did not become law this year, but did receive House approval.
Last Tuesday, Hart was joined by Sen. Greg Elkins, R-Winchester, and other stakeholders at the Interim Joint Committee on State Government meeting to testify on a new version of HB 16.
Hart plans to carry the bill in the House, and Elkins said he would file companion legislation in the Senate next year.
“The legislation simply undoes the unfunded mandate in the state of Kentucky that requires water producers to add fluoride to the water,” Hart said.
The newer version of the legislation from Hart would protect local water districts from civil and criminal liability, he said. The decision to add this provision to the bill is the result of conversations with water districts.
“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.”
Dr. Jack Kall, a dentist and the executive chair of the International Academy of Oral Medicine and Toxicology, shared scientific studies with the committee that show water fluoridation might cause lower IQ in children, among other health concerns.
Kall said the fluoride in most toothpaste and other fluoride treatments administered by dentists are sufficient in preventing tooth decay.
Hart said his legislation is an effort to make water fluoridation a local decision in light of newer studies on the risks and benefits of water fluoridation.
“We’re not promoting fluoride one way or another — good or bad,” Hart said. “We’re trying to steer away from that conversation, because that’s not what the legislation does. However, with some of the stuff in the media today, we thought it was necessary to give you a little bit of an education on the risks and benefits for it.”
Elkins said he considers the proposed legislation to be “permissive” rather than a requirement.
“It’s more of a local control bill to me than anything else,” he said.
In commenting on the proposed legislation, Rep. Matthew Lehman, D-Newport, said all of the countries that do not have water fluoridation mentioned in Kall’s presentation have “robust, publicly funded dental programs.”
He wondered if Kentucky should be funding water fluoridation and other dental health initiatives instead of leaving water fluoridation as an unfunded state mandate.
Rep. T.J. Roberts, R-Burlington, said he’s received multiple messages asking him to oppose legislation that removes community water fluoridation programs, but he believes the proposed legislation is more about local control.
“This is a good piece of legislation that expands the ability for community-based decision making,” Roberts said. “I think it’s backed up by data, and I fully support this.”
In a continuation of the local control discussion, Rep. James Tipton, R-Taylorsville, asked Hart if the new version of HB 16 would require a public hearing. Hart said no, but he wouldn’t be opposed.
“Maybe you might consider something like that to just make sure that the local people in the local communities are informed, and they have an opportunity to (provide) input on decisions of their local water district board,” Tipton said.
Sen. Steve Rawlings, R-Burlington, said he would support the proposed legislation.
“I would also be supportive of a total ban, as Florida and Utah have done to date,” he added.
The Kentucky General Assembly cannot take action on new legislation until the 2026 legislative session begins on Jan. 6.
The next Interim Joint Committee on State Government meeting is scheduled for Nov. 13 at 3 p.m.
Original article online at: https://www.messenger-inquirer.com/grayson_county/news/government/revised-fluoride-bill-in-the-works-for-2026/article_be9c846e-c358-5a8b-b6da-b7cde179408b.html