Kansas Behavioral Sciences Regulatory Board holds special meeting, enters executive session to review SB 63

The Kansas Behavioral Sciences Regulatory Board met remotely Feb. 24 and voted to go into executive session to receive attorney'client legal advice about Senate Bill 63, which staff said had been published in the Kansas Register and therefore became effective.

Board Chair Dave Anderson called the special meeting to order and led a roll call. After staff provided a legislative update and the board approved the meeting agenda, executive director David Fye told members the board had received questions about Senate Bill 63 and asked that the board meet in executive session to hear from legal counsel.

"There is a bill that recently passed the legislature," Fye said during the meeting. "That bill was vetoed by the governor, and then it was returned to the legislature. And the legislature overrode the governor's veto in both the House and the Senate. The language in that bill did say the bill will become effective upon publication in the Kansas Register." The board was told the bill was published the prior Thursday.

Fye framed the item as one that likely required attorney'client privileged discussion and noted statutory provisions governing executive sessions under the Kansas Open Meetings Act. The board moved and seconded a motion to recess into executive session for attorney'client communications to discuss SB 63. The motion passed; the chair announced the board would meet in executive session and reconvene the public meeting after the closed session.

During the special meeting the board approved two separate executive sessions. The first executive session was proposed as a 30-minute attorney'client session to begin at about 4:15 p.m.; a motion to do so was made and seconded and the chair said the motion carried. After returning to the public broadcast, the board later made and passed a second motion to recess again into executive session for 20 minutes, reconvening at the time stated in the notice.

Board legal counsel Tim Reznor and BSRB staff members identified for inclusion in the closed sessions included Executive Director David Fye and assistant director/licensing manager Leslie Allen (listed in meeting materials). The board did not take any public action on SB 63 during the open portions of the meeting; members used the meeting to obtain and schedule a privileged legal briefing.

The board also announced there would be no public comment at the special meeting to allow time to address agenda items. After the executive sessions and return to the public broadcast, members completed remaining agenda housekeeping and voted to adjourn.

The board did not take a public vote on SB 63 during the open portions of the meeting; members voted only on procedural motions to approve the agenda, enter executive session(s), and adjourn. The board indicated it is continuing efforts to have board-related legislation introduced and said timing for passage this session remained uncertain.