SESSION OF 2021
SUPPLEMENTAL NOTE ON SUBSTITUTE FOR HOUSE
BILL NO. 2066
As Amended by Senate Committee of the Whole

Brief*
Sub. for HB 2066, as amended, would shorten the
period of time in which regulatory bodies are required to issue
occupational credentials to military servicemembers or
military spouses seeking to establish residency in Kansas
and provide for expedited credentialing of non-military
prospective residents.
The bill would expand and clarify conditions on
expedited occupational credentialing and permit temporary
credentialing during states of emergency and the use of
electronic credentials.
The bill would be in effect upon publication in the
Kansas Register.

Expedited Credentialing
The bill would require licensing bodies to issue the
appropriate credential to a military servicemember or spouse
within 15 days from the date of the submission of a “complete
application,” as defined by the bill, or within 45 days for all
other applicants. Currently, credentials are to be issued to
military servicemembers and spouses within 60 days.


____________________
*Supplemental notes are prepared by the Legislative Research
Department and do not express legislative intent. The supplemental
note and fiscal note for this bill may be accessed on the Internet at
http://www.kslegislature.org
Probationary Credentialing
Current law requires expedited out-of-state credentials
to be issued for a six-month probationary period for military
servicemembers and military spouses who do not qualify
under the applicable Kansas law by endorsement,
reinstatement, or reciprocity statutes, but meet certain other
requirements. The bill would modify this provision by giving
discretion to licensing bodies to grant credentials to
applicants and would also modify the qualifications for
credentialing, such that any applicant would be required to:
● Hold a valid out-of-state current credential from
another state, district, or territory of the United
States that authorizes a similar scope of practice,
as defined by the bill. Current law requires the
credential to be equivalent to that established by
the relevant Kansas licensing body;
● Have worked for at least one year in the relevant
occupation;
● Not have a disqualifying criminal record; and
● Show proof of solvency, financial standing,
bonding, or insurance as required by the licensing
body.
The bill would define “scope of practice” as procedures,
actions, processes, and work a person may perform under a
government-issued credential.
The bill would provide for probationary credentialing on
the basis of work experience. Licensing bodies would be
granted discretion to issue a probationary credential to an
applicant who:
● Worked in an occupation that was not a regulated
profession in the other state for at least three of the
four immediately preceding years; and
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 ● Does not hold a valid out-of-state current credential
from another state, district, or territory of the United
States that authorizes a similar scope of practice,
but who otherwise meets the requirements for
probationary credentialing.
The bill would also provide for probationary credentialing
on the basis of “private certification” as defined by the bill.
Licensing bodies would be granted discretion to issue a
probationary credential to an applicant who:
● Holds a current and valid private certification;
● Worked in an occupation that was not a regulated
profession in the other state for at least two years;
● Is in good standing by the organization that issued
the private certification; and
● Otherwise meets the requirements for probationary
credentialing.
The bill would grant the right to deny probationary
credentials based on private certification or work experience if
the licensing body finds on specific grounds that issuing a
credential would jeopardize the health and safety of the
public.

Temporary Permits
The bill would provide for licensing bodies to issue
temporary occupational permits to applicants whose out-of-
state credential, private certification, or work experience is
determined by the licensing body to not authorize a similar
scope of practice, provided that doing so would not
jeopardize the health and safety of the public.


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 Temporary occupational permits would allow applicants
to lawfully practice their occupation while completing any
specific requirements to practice in Kansas that were not
required in the other state.
Provided that an applicant meets all other qualifications:
● If the applicant is a military servicemember or
spouse, a licensing body would be required to
issue such permits, or
● If the applicant is not a military servicemember or
spouse, a licensing body would have discretion to
issue such permits.
State of Emergency Credentialing
The bill would permit licensing bodies to grant temporary
licenses to practice during a state of emergency declared by
the Legislature, if the licensing body determines the
applicant’s qualifications are sufficient to protect the health
and safety of the public.

Electronic Credentialing
The bill would grant licensing bodies the ability to issue
credentials that are valid for verification purposes when
displayed electronically. Licensing bodies would be able to
determine the format and requirements for the use of such
credentials, including the use of third-party systems.

General Provisions
The bill would allow licensing bodies to allow an
applicant who has not worked in their occupation for the
preceding two years to complete additional testing, training,
monitoring, or continuing education necessary to establish
the applicant’s ability to practice in a manner that protects the
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health and safety of the public. However, the bill would limit
additional requirements to matters required by Kansas law
that are materially different from the laws of the other state.
The bill would not be construed to conflict with federal
law, multi-state compact, rule, regulation, reciprocal, or other
statutory provision, or to prohibit a licensing body from
denying a credential based upon the possible endangerment
of the public health and safety. The bill would require all
proceedings to be conducted in accordance with the Kansas
Administrative Procedure Act and to be reviewable under the
Kansas Judicial Review Act.
The bill would specify the provisions of the bill shall not
be construed to be in conflict with any applicable Kansas
scope of practice limitation and Kansas scopes of practice
would apply to applicants receiving credentials under the
provisions of the bill.
The bill would apply to all licensing bodies except those
relevant to the practice of law or the regulation of attorneys.
The bill specifically names the following bodies that would be
subject to the provisions of the bill:
● Abstracters’ Board of Examiners;
● Board of Accountancy;
● Board of Adult Care Home Administrators;
● Secretary for Aging and Disability Services (with
respect to KSA 65-5901, et seq. and KSA 65-6503,
et seq.);
● Kansas Board of Barbering;
● Behavioral Sciences Regulatory Board;
● Kansas State Board of Cosmetology;

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 ● Kansas Dental Board;
● State Board of Education;
● Kansas Board of Examiners in Fitting and
Dispensing of Hearing Instruments;
● Board of Examiners in Optometry;
● State Board of Healing Arts, the Secretary of
Health and Environment (with respect to KSA 82a-
1201, et seq.);
● Commissioner of Insurance (with respect to KSA
40-241 and 40-4901, et seq.);
● State Board of Mortuary Arts;
● Board of Nursing;
● State Board of Pharmacy;
● Kansas Real Estate Commission;
● Real Estate Appraisal Board;
● State Board of Technical Professions; and
● State Board of Veterinary Examiners.
The State Board of Healing Arts would be permitted to
deny a credential or temporary license to an applicant if it is
determined the individual’s qualifications are not substantially
equivalent to those established by the Board. This exemption
would also apply to the State Board of Technical Professions,
provided that an applicant is seeking a credential to practice
engineering.
Starting on July 1, 2021, each licensing body listed in
the bill would annually report information to the Director of
Legislative Research (Director) by August 31, which would
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allow for the analysis of applications by applicant type (i.e.,
military servicemember, military spouse, or non-military) and
the number of applications received, the number of
applications granted, the number of applications denied, the
average length of time between receipt of the application and
the completion of the application, the average length of time
between receipt of a complete application to the issuance of a
credential (temporary or permanent), and identification by
category of applicant in which the licensing body failed to
meet the time limits specified in the bill and the reasons for
the failure. Licensing bodies would be required to provide the
information in a manner that would maintain applicants’
confidentiality.
By January 15 of the succeeding year, the Director
would report an analysis of the compilation to the Governor;
the House Committee on Appropriations; the House
Committee on Commerce, Labor and Economic
Development; the Senate Committee on Commerce; and the
Senate Committee on Ways and Means.
The bill would also make technical changes.

Background
The bill was introduced by Representatives Croft,
Owens, Proctor, Tarwater, Thomas, and Wasinger.
[Note: The bill is a modified version of 2020 HB 2506,
which passed the House during the 2020 Session.
Supplemental notes on 2020 HB 2506 include additional
background on its history.]

House Committee on Commerce, Labor and Economic
Development
In the House Committee hearing, proponent testimony
was submitted by Representative Croft and representatives of

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Americans for Prosperity-Kansas, Greater Kansas City
Chamber of Commerce, Institute for Justice, Kansas
Chamber of Commerce, Opportunity Solutions Project,
Teladoc Health, United Women’s Empowerment, and Wichita
Regional Chamber of Commerce; and two private citizens.
Proponents of the bill indicated the expansion of expedited
licensing would spur economic development by making it
easier for people to move to Kansas to work.
Neutral testimony was provided by representatives of
the Kansas Academy of Family Physicians, the Kansas
Department of Commerce, the Kansas Medical Society, the
Kansas Real Estate Commission, the Kansas Society of
Professional Engineers, and the State Board of Healing Arts.
These conferees noted concerns about a lack of clarity in
certain provisions of the bill and potential unintended
consequences if the bill is amended.
Opponent testimony was provided by a representative
of the State Board of Technical Professions, who stated the
bill would not adequately ensure the public safety of Kansans.
The House Committee recommended the bill as a
substitute bill, which was modified from its form as introduced
by adopting technical changes, clarifying definitions,
removing a provision providing for credentialing for out-of-
state telemedicine practice, clarifying that the licensees under
the bill would be limited to Kansas scopes of practice, and
strengthening the ability that licensing bodies would have to
deny credentials to protect public health and safety. A motion
to amend the bill to include the State Board of Technical
Professions in the exception given to the State Board of
Healing Arts failed.

House Committee of the Whole
The House Committee of the Whole adopted an
amendment to the bill to:

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 ● Define “scope of practice,” as described above;
● Require applications to include a signed affidavit
stating application information is true and accurate;
● Permit licensing bodies to exercise discretion in
granting probationary credentials;
● Permit licensing bodies to exercise discretion in
granting temporary credentials to non-military
servicemembers or spouses;
● Extend the exemption given to the State Board of
Healing Arts to deny applications to the State
Board of Technical Professions, provided the
applicant seeks an engineering credential; and
● Make technical changes to the bill.
Senate Committee on Federal and State Affairs
In the Senate Committee hearing, proponent testimony
was submitted by Representative Croft and representatives of
Americans for Prosperity-Kansas, the Kansas Department of
Commerce, the Kansas Society of Professional Engineers,
Opportunity Solutions Project, and the Wichita Regional
Chamber of Commerce. Written-only proponent testimony
was provided by representatives of the Greater Kansas City
Chamber of Commerce, the Kansas Chamber, and the
Overland Park Chamber of Commerce and by a private
citizen. Proponents generally stated the bill would reduce
licensing burdens for out-of-state applicants looking to
relocate to Kansas, allowing new residents to gain
employment faster.
Neutral testimony was provided by representatives of
the Kansas Society of Land Surveyors and the State Board of
Healing Arts. Written-only neutral testimony was provided by
representatives of the Kansas Association of Realtors and the
Kansas Medical Society. Neutral conferees generally stated
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the bill would make positive changes, but is also too broad in
its lack of exceptions.
Opponent testimony was provided by representatives of
the American Institute of Architects in Kansas; the Behavioral
Sciences Regulatory Board; the College of Architecture,
Planning and Design at Kansas State University; GLMV
Architecture; HTK Architects; the Kansas Society of CPAs;
and the State Board of Technical Professions. Opponents
indicated the bill could create loopholes for out-of-state
applicants to receive licensure despite possessing
substandard credentials in architecture, accountant, and
mental health professions.

Senate Committee of the Whole
The Senate Committee of the Whole amended the bill
by making it effective upon publication in the Kansas
Register.

Fiscal Information
According to the fiscal note prepared by the Division of
the Budget on the bill, as introduced, the Board of
Accountancy, the Kansas State Board of Cosmetology, and
the Department of Health and Environment each indicated
the bill would not have a fiscal effect on their respective
agencies. The Kansas Insurance Department, the Kansas
Board of Barbering, the State Board of Mortuary Arts, the
Real Estate Appraisal Board, and the State Board of
Technical Professions each indicate the bill would affect their
budgets, but the fiscal effects cannot be estimated.
The following agencies indicate the bill would increase
expenditures by the following estimated amounts:
● The Behavioral Sciences Regulatory Board would
require a total of $81,400 for 2.0 FTE positions and

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 $5,000 for operating costs from the Behavioral
Sciences Regulatory Board Fee Fund in FY 2022;
● The State Department of Education would require
$65,000 from the State General Fund for 1.0 FTE
position;
● The State Board of Healing Arts would require
$14,120 in FY 2021 and $48,485 in FY 2022 from
the Healing Arts Fee Fund for 1.0 FTE position;
● The Board of Nursing would require less than
$2,000 from special revenue funds; and
● The State Board of Pharmacy would require
$35,750 for an additional 0.5 FTE position and
$7,500 in other costs.
Any fiscal effect associated with the bill is not reflected
in The FY 2022 Governor’s Budget Report.
Occupational licensing; occupational regulation; state residency


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Statutes affected:
As introduced: 48-3406
Version 2: 48-3406
{As Amended by House Committee of the Whole}: 48-3406
{As Amended by Senate Committee of the Whole}: 48-3406
Enrolled: 48-3406