SESSION OF 1999



SUPPLEMENTAL NOTE ON HOUSE BILL NO. 2214



As Amended by Senate Committee on

Public Health and Welfare





Brief(1)



H.B. 2214 amends a statute in the act under which persons who fit and dispense hearing aids are licensed that sets out the maximum fees the Board of Examiners in Fitting and Dispensing Hearing Aids may establish by rules and regulations. The bill sets out new maximum fees for a license application, temporary license, temporary license renewal, certificate of registration or endorsement, certificate of registration or endorsement renewal, certificate of registration or endorsement late renewal and extended late renewal and creates new fee authority and maximum fees for written and practical examinations, license verification, certificate or license verification, change of sponsor, and insufficient funds.



The House Committee amendments added three additional statutes to the bill, all of which are a part of the laws governing the licensing and regulation of persons who fit and dispense hearing aids. Changes in the statute setting out the qualifications of applicants for a license raise the minimum age from 18 to 21 years of age, delete an out-of-date requirement concerning prior experience, and delete the requirement that an applicant be free of an infectious or contagious disease. The amendments also give the Board authority to deny a license for cause as set out in law, update the criminal penalty, and update references to the type of credential issued by the Board.



The Senate Committee amendments further change the requirements to be met by applicants for a license to fit and dispense hearings aids by deleting the state residence requirement. Other amendments continue current fees in effect until they are changed through rules and regulations and make new fees authorized by the bill effective only when established through Board rules and regulations. Language relating to fees made obsolete by the Committee amendment is deleted.





Background



H.B. 2214 was introduced at the request of the Board of Examiners whose fees are now set at the maximum fees allowed by law. Testimony indicated the fees authorized to be charged by the Board have not been increased since 1968. A representative of the Board appeared to explain and support the bill at the time of the House Committee hearing.



The House Committee amendments, with one exception, were proposed by a representative of the Board of Examiners on the advice of an Assistant Attorney General assigned to assist the Board.



The Senate Committee amendment concerning in-state residence conforms the law with laws relating to health care providers pursuant to an opinion of the Kansas Attorney General that such a requirement is unconstitutional based on a U.S. Supreme Court opinion arising in another state.



The fiscal note on H.B. 2214 states current projections indicate the Hearing Aid Examiners Fee Fund cashflow will not cover expenditures by FY 2000. H.B. 2214 could increase state revenues by $10,775 to $10,865 in FY 2000. The distribution would be an increase of $2,155 to $2,173 to the State General Fund and $8,620 to $8,692 to the Fee Fund. Any increase would be in addition to the Governor's Budget Report.

1. *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.ink.org/public/legislative/bill_search.html.