Division of the Budget
Landon State Office Building Phone: (785) 296-2436
900 SW Jackson Street, Room 504 adam.c.proffitt@ks.gov
Topeka, KS 66612 Division of the Budget http://budget.kansas.gov
Adam C. Proffitt, Director Laura Kelly, Governor
April 5, 2024
The Honorable Brenda Landwehr, Chairperson
House Committee on Health and Human Services
300 SW 10th Avenue, Room 112-N
Topeka, Kansas 66612
Dear Representative Landwehr:
SUBJECT: Fiscal Note for HB 2756 by Representative Schreiber, et al.
In accordance with KSA 75-3715a, the following fiscal note concerning HB 2756 is
respectfully submitted to your committee.
HB 2756 would enact the Art Therapist Licensure Act. The bill would make it unlawful
to engage in the practice of art therapy or represent that an individual is a licensed professional art
therapist without having first obtained a license as a professional art therapist under the Act. The
bill would also make it unlawful to engage in the practice of art therapy as a clinical art therapist
or present that an individual is a licensed clinical art therapist without having first obtained a
license as a clinical art therapist under the Act. Violation of the above provisions would be a class
B nonperson misdemeanor. The bill outlines the requirements for applicants to obtain licensure
as a professional art therapist, a clinical art therapist, and for an applicant to obtain a temporary art
therapy license. An applicant who meets the requirements for licensure, has paid the required fee,
and has otherwise complied with the provisions of the Act would be licensed by the Behavioral
Regulatory Sciences Board (Board).
The Board could refuse to issue, renew, or reinstate a license; condition, limit, revoke, or
suspend a license; public or privately censure a licensee; or impose a fine that could not exceed
$1,000 per violation. A list of the violations is outlined in the bill. Administrative proceedings
and disciplinary actions regarding licensure, under the Act, would be conducted in accordance
with the Kansas Administrative Procedure Act. Judicial review and civil enforcement of agency
actions under the Act would be in accordance with the Kansas Judicial Review Act. The bill
outlines the fees the Board may collect.
The Honorable Brenda Landwehr, Chairperson
Page 2—HB 2756
An individual licensed under the Act and employees and professional associates of the
individual would not be required to disclose any information that the individual, employee, or
associate may have acquired in rendering services, unless:
1. Disclosure is required by other state laws;
2. Failure to disclose information presents a clear and present danger to the health or safety
of an individual;
3. The individual, employee, or associate is a party defendant to a civil, criminal, or
disciplinary action arising from the therapy, and in such event, a wavier of the privilege
accorded by the bill is limited to that action;
4. The client is a defendant in a criminal proceeding and the use of the privilege would violate
the defendant's right to compulsory process or the right to present testimony and witnesses
on such individual’s behalf; or
5. The client agrees to a waiver of the privilege and in circumstances where more than one
individual in a family is receiving therapy, each such family member agrees to the waiver
and if there is no waiver from each family member, an art therapist could not disclose
information received from a family member.
A licensee would be required to inform clients of their level of training, education, and
titles at the beginning of a client-therapist relationship. If the licensee is not licensed by the State
Board of Healing Arts to practice medicine and surgery and is not authorized to prescribe drugs,
this information would be required to be disclosed to the client by the licensee. The licensee would
also be required to inform the client that certain mental disorders can have medical or biological
origins and that client should consult with a physician. This disclosure would be documented in
the client’s record. The bill would make other technical amendments.
The Behavioral Sciences Regulatory Board estimates if 250 individuals sought licensure
in FY 2025, then revenue would increase by $43,750 (250 applicants X $175 for an original license
as a professional art therapist). Of the $43,750 in additional revenue, 90.0 percent, or $39,375,
would be credited to the agency’s fee fund and 10.0 percent, or $4,375, would be credited to the
State General Fund. The Board states if 50 additional individuals sought licensure in FY 2026,
then revenue would increase by $8,750 (50 applicants X $175 for an original license as a
professional art therapist). Of the $8,750 in additional revenue, 90.0 percent, or $7,875, would be
credited to the agency’s fee fund and 10.0 percent, or $875, would be credited to the State General
Fund.
The Board further states there would be additional expenditures for the agency to
implement the bill’s provisions including developing applications, forms, working with the
licensing vendor to be able to issue art therapy licenses, and other operating expenditures. The
Board indicates it would attempt to absorb the additional expenditures within existing resources.
The Office of Judicial Administration states enactment of the bill could increase the
number of cases filed in district court because the bill would create a new crime and would also
The Honorable Brenda Landwehr, Chairperson
Page 3—HB 2756
allow for judicial review and civil enforcement of agency actions, which would increase the time
spent by judges and court employees processing and hearing cases. Since the new crime carries a
class B nonperson misdemeanor, there could be more supervision required to be performed by
court services officers. The Office indicates enactment of the bill could result in the collection of
docket fees, fines, and supervision fees in those cases filed under the bill’s provisions. According
to the Office, a fiscal effect cannot be estimated until the Judicial Branch has had an opportunity
to operate under the bill’s provisions. Any fiscal effect associated with HB 2756 is not reflected
in The FY 2025 Governor’s Budget Report.
Sincerely,
Adam C. Proffitt
Director of the Budget
cc: David Fye, Behavioral Sciences Regulatory Board
Statutes affected: As introduced: 74-7507, 74-7508