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 http://budget.kansas.gov
Adam C. Proffitt, Director Laura Kelly, Governor
Division of the Budget
February 27, 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 2791 by House Committee on Health and Human
Services
In accordance with KSA 75-3715a, the following fiscal note concerning HB 2791 is
respectfully submitted to your committee.
HB 2791 would enact the Forbidding Abusive Child Transitions Act and would prohibit
healthcare professionals from providing specified treatments for a child whose gender identity was
inconsistent with the child’s sex, including certain surgical procedures, puberty blockers, and other
medications. The bill would make related definitions and outline exceptions to prohibitions.
Healthcare professionals would be required to obtain informed consent from a child’s parent or
guardian as detailed in the bill before discussing with a child the possibility of social transitioning,
medication, or surgery as a treatment for a child whose perceived gender or sex is inconsistent
with such child’s sex. The bill would also include additional prohibitions for the use of state funds
and actions by state agencies or employees related to various treatments of children’s perception
of gender or sex. The bill would allow a civil cause of action against healthcare professionals in
violation of the provisions of the Act and would also prevent professional liability insurance from
covering related damages.
According to the Office of Judicial Administration, enactment of HB 2791 could increase
the number of cases filed in district courts because it allows for civil suit to be filed. This could
result in more time spent by judicial and nonjudicial personnel processing, researching, and
hearing these cases. The Office estimates enactment of the bill could result in the collection of
docket fees and fines assessed in those cases filed under the bill’s provisions, which would be
deposited into the State General Fund. The bill would not affect other revenues to the Judicial
Branch. However, a fiscal effect cannot be estimated. The Kansas Attorney General’s Office The Honorable Brenda Landwehr, Chairperson
Page 2—HB 2791
states that enactment of the bill would not result in a fiscal effect for the agency. The agency notes
that the Act could be challenged in court, but a related fiscal effect cannot be estimated.
The Kansas State Board of Healing Arts reports enactment of the bill could increase
actionable complaints, but a total fiscal effect cannot be estimated. The agency notes the bill
allows for legal actions to be taken for 30 years after the date the child turns 18, which could result
in long-term implications. The Kansas State Board of Nursing indicates enactment of HB 2791
would require a revision to regulations and communication to licensees, which could be handled
within existing resources. The agency was unable to determine whether enactment of the bill
would result in an increase in complaints or investigations. The Kansas Department for Health
and Environment states that enactment of the bill would not result in a fiscal effect on agency
operations. Any fiscal effect associated with HB 2791 is not reflected in The FY 2025 Governor’s
Budget Report.
Sincerely,
Adam C. Proffitt
Director of the Budget
cc: Susan Gile, Board of Healing Arts
Amy Penrod, Department of Health & Environment
Trisha Morrow, Judiciary
William Hendrix, Office of the Attorney General
Jill Simons, Board of Nursing