Sen. Greg Elkins, R-Winchester, and Rep. Mark Hart, R-Falmouth tell the Interim Joint Committee on State Government on Tuesday, October 21, 2025 about their plan to reintroduce legislation to remove the statewide water fluoridation mandate in 2026, to be filed for the 9th year.

FRANKFORT — Two Kentucky lawmakers are teaming up to make 2026 the year “The Fluoride Bill,” a bill to remove the unfunded statewide water fluoridation mandate crosses the finish line. 

Representative Mark Hart, R-Falmouth, has filed “The Fluoride Bill” nine times, he said. In 2025, House Bill 16 failed to advance in the Senate after overwhelmingly passing the House, 68-29.

On Tuesday, Oct. 21st, Hart was joined by Sen. Greg Elkins, R-Winchester, and Dr. Jack Kall, Executive Chair International Academy of Oral Medicine & Toxicology, along with Cindi Batson

with Kentucky for Fluoride Choice at the Interim Joint Committee on State Government meeting to testify on a new version of the bill. Watch the complete hearing here. 

Hart plans to carry the bill in the House, and Elkins said he would file companion legislation in the Senate when the session opens in January.

“Our emphasis is undoing the unfunded mandate and allowing people to have the freedom of choice when it comes to, in this case, dental treatment,” Hart said.

“I remember taking fluoride treatments in school, but the United States is a free country, we do not dictate any medical treatment to anybody. It's always a choice between the patient and their doctor. The same thing needs to apply to dental medicine,” said Hart.  

Senator Greg Elkins followed Hart’s statement saying, “and I can remember the school nurse saying don’t swallow [the fluoride].” 

Dr. Jack Kall, also a practicing dentist in Louisville, shared scientific studies with the committee indicating that water fluoridation is linked to lower IQ in children, among other health concerns and failed efficacy. Dr Kall’s slides can be found here. 

“64 studies funded by the Institute of Health that conclude there’s a moderate confidence that fluoride exposure is adversely associated with IQ reduction in children,” said Kall.

Dr. Kall added, “we dentists can repair teeth. We can’t repair brains.” 

Senator Steve Rawlings, R-Burlington, asked, “is industrial waste going into our water?”

Cindi Batson from Kentucky for Fluoride Choice has worked as a researcher on the bill for 9 years, and responded to Sen. Rawlings.

“Yes, that’s true. It is a byproduct of phosphate fertilizer manufacturing called hydrofluorosilicic acid. If my water system were to stop using it tomorrow they would have to pay a company to come and get it, neutralize it and dispose of it, because it is considered a hazardous waste,” explained Batson. 

Rep. Matt Lockett, R-Nicholasville, asked Dr. Kall if there was research to suggest that water fluoridation is contributing to the rise in illnesses like dementia and Alzheimer's. For which, Dr Kall gave a quick “yes.” 

Lockett also sought to understand what the “hurdle was across the hall in the Senate,” but both Hart and Elkins chose not to answer that directly with Hart saying the biggest hurdle is the misconception of what the bill actually does.

Stephen Robertson D.M.D., Executive Director of the Kentucky Dental Association, came to give opposing testimony alongside Vince Guenthner, Senior Utilities Consultant at Louisville Water Company. 

Robertson said, "Kentucky is an absolute leader nationally in water fluoridation and we are considered the experts nationally. We help other states on fluoridation. We have the model program in America. We have 79 years of quality science showing this is effective.”

Sen. Lindsey Tichenor, R-Smithfield, then challenged Robertson.

“You mentioned we’ve had 79 years of quality science related to fluoride in the water. Why is Kentucky still ranked almost at the bottom in caries and overall dental health?” asked Tichenor. 

Robertson mentioned diet and other factors, but stated that the Kentucky Dental Association would also respond in a letter to the committee members. 

Tichenor continued, recalling a previous conversation with Louisville Water. 

"Just for logistical reasons alone, the Louisville Water Company would be in support of a full ban?” asked Tichenor. 

Guenthner replied to Sen. Tichenor saying, “that would be easier, in full disclosure.” 

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.

Rep. Ryan Bevins, R-Hodgenville, gave a heated remark in favor of the bill being a local control issue, and not about removing fluoride.  

“There’s 435 water districts and 107 water treatment plants. Now, I’ve received numerous emails from dental associations telling me we can’t remove fluoride. This doesn’t have a damn thing to do with removing fluoride. And when I ran for office people would fuss about too much government. All these water districts have boards. There are very intelligent people that sit on these boards. It’s about local control. I feel like we’re wasting time and being inefficient,” impassioned Bevins. 

Rep. T.J. Roberts, R-Burlington, said he’s also received multiple messages asking him to oppose legislation that removes community water fluoridation programs, but he supports the bill as a local control issue. 

“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.”

Senator Michael Nemes, R-Shepherdsville, co-chair of the committee, lastly, pointed out Louisville Water’s valid concerns over the logistical difficulties of removing or not removing fluoride within a water district with multiple water sources. However, Nemes seemed concerned that Louisville Water spends too much time and resources on pro-water fluoridation outreach.  

“I think it would be better if you stay in your lane and produce the water you need to produce for the benefit of the community at the lowest price,” advised Nemes. 

The new 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.”

The Kentucky General Assembly cannot take action on new legislation until the 2026 legislative session begins on Jan. 6.

A draft of Hart’s proposed legislation can be found here.

This article was partly sourced from this press release by the Legislative Research Commission.