Bill Summary – FastDemocracy

Division of the Budget
Landon State Office Building                                                                          Phone: (785) 296-2436
900 SW Jackson Street, Room 504                                                                       larry.campbell@ks.gov
Topeka, KS 66612                                   Division of the Budget                            http://budget.kansas.gov
Larry L. Campbell, Director                                                                         Laura Kelly, Governor


                                                     February 11, 2020


          The Honorable Sean Tarwater, Chairperson
          House Committee on Commerce, Labor and Economic Development
          Statehouse, Room 151D-S
          Topeka, Kansas 66612
          Dear Representative Tarwater:
                    SUBJECT:         Fiscal Note for HB 2453 by Representative Rhiley
                  In accordance with KSA 75-3715a, the following fiscal note concerning HB 2453 is
          respectfully submitted to your committee.
                  HB 2453 would allow certain Kansas licensing and regulatory boards to grant and renew
          licenses to applicants who hold a current, valid license issued by the appropriate regulatory agency
          in another state that has substantially equivalent requirements for such licensure in Kansas.
          Licensees of the following state agencies are addressed in the bill:
                    1.        Board of Accountancy;
                    2.        Board of Examiners in Optometry;
                    3.        Board of Healing Arts;
                    4.        Board of Pharmacy;
                    5.        Behavioral Sciences Regulatory Board;
                    6.        Emergency Medical Services Board;
                    7.        Department for Aging & Disability Services;
                    8.        Department of Education;
                    9.        Board of Nursing; and
                    10.       Office of Attorney General.
                  Seven of the ten agencies listed above state that they already have the authority granted in
          HB 2453, either in statute or rules and regulations. The Board of Nursing states that it would have
          to revise current regulations regarding licensure for registered nurse anesthetists and mental health
          technicians. The cost for publishing the new regulations would be approximately $1,000 from the
          agency fee fund. The Board of Pharmacy states that expenditures related to processing additional
          applications would be offset set by fees charged. The agency states that any increase in the number
          of complaints, investigations, and disciplinary actions related to the new licensees would result in
          the need for more administrative and compliance staff. However, a cost estimate cannot be made.
The Honorable Sean Tarwater, Chairperson
Page 2—HB 2453

        The Board of Healing Arts states that the professions impacted by HB 2453 include;
Medical Doctors, Chiropractors, Doctors of Osteopathy, Physician Assistants, Independent
Practice of Nurse Midwifery, Physical Therapists, Physical Therapist Assistants, Occupational
Therapists, Occupational Therapy Assistants, Respiratory Therapists, and Naturopathic Doctors.
The bill would require the agency to implement an additional application type for each of these
professions. The agency will also have to develop training for staff to process and approve the
applications from these applicants. The agency would determine which states meet the
requirements of having licensure requirements that are “substantially equivalent” to Kansas
requirements and review each state’s requirements on a regular basis to determine if changes have
been made. HB 2453 could result in additional fee revenue if the number of applications received
is more than those already received under the current “license by endorsement” options. The
agency states there may be a need to add additional licensing staff to accommodate increased
requests for Kansas licensure. However, there is no solid mechanism to quantify the number of
professionals who may request a Kansas license. Therefore, the agency is unable to determine
how many, if any, additional licensing staff will be required. At a minimum, the agency will
require a half-time para-legal in the General Counsel Department to continually monitor all states
licensing requirements. An expenditure increase of approximately $42,550 in FY 2021, and a
continuing annual expenditure of $35,100 will be required to meet the costs associated with this
new position. Any fiscal effect associated with HB 2453 is not reflected in The FY 2021
Governor’s Budget Report.


                                                      Sincerely,

                                                      Larry L. Campbell
                                                      Director of the Budget

cc: Susan Somers, Board of Accountancy
    Susan Gile, Board of Healing Arts
    Jan Murray, Optometry
    Alexandra Blasi, Board of Pharmacy
    Max Foster, Behavioral Sciences
    Connie Hubbell, Aging & Disability Services
    Joe House, EMS
    Dale Dennis, Education
    Willie Prescott, Office of the Attorney General
    Jill Simons, Board of Nursing
Statutes affected: 
As introduced: 1-302, 65-1152, 65-1505, 65-1663, 65-28a04, 65-28b03, 65-28b05, 65-2906, 65-4203, 65-5406, 65-5506, 65-5906, 65-6129, 65-6306, 65-7203, 65-7503, 72-2157, 72-2155, 72-2216, 75-7b04