LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE 75th Regular Session March 13, 1997 TO: Honorable Judith Zaffirini, Chair IN RE: Senate Bill No. 617, Committee Report 1st House, Substituted Committee on Health & Human Services By: Moncrief Senate Austin, Texas FROM: John Keel, Director In response to your request for a Fiscal Note on SB617 ( Relating to the licensure and regulation of nurses, including the development of certain pilot programs by the Board of Nurse Examiners.) this office has detemined the following: Biennial Net Impact to General Revenue Funds by SB617-Committee Report 1st House, Substituted Implementing the provisions of the bill would result in a net positive impact of $12,260 to General Revenue Related Funds through the biennium ending August 31, 1999. The bill would make no appropriation but could provide the legal basis for an appropriation of funds to implement the provisions of the bill. Fiscal Analysis The bill would allow the Board of Nurse Examiners to develop pilot programs to evaluate the effectiveness of mechanisms for assuring: 1) maintenance of clinical competencies by registered nurses, including proactive nursing peer review and targeted continuing education; and 2) that registered nurses understand laws and rules governing the practice of nursing. Should the Board develop pilot programs, the bill would require the Board to consult with an advisory committee of at least 16 individuals on the development, administration and funding of pilot programs. Beginning November 1, 1998, the Board shall issue an annual report on pilot programs developed or approved and the programs' effectiveness. Upon request, the report shall be mailed to statewide associations of registered nurses, registered nurse educators, and employers of nurses. The final report shall be issued by September 1, 2000. The bill would change the composition of the Board of Nurse Examiners by replacing a faculty member from a diploma program with a faculty member from a graduate nursing program preparing Advanced Practice Nurses. The bill would allow the Board to require: 1) individuals accepted into or enrolled in education programs preparing students for initial licensure as registered nurses; or 2) these educational programs; to collect and submit information to the Board that would allow the Board to determine whether students are aware of any conditions that would disqualify the student from licensure as a professional nurse upon graduation. The Board must notify the educational institution of individuals whom the Board has determined may not be eligible for licensure upon graduation. The bill would exempt from the hearing process, individuals whose license was not renewed by the board and who failed to submit an application for renewal, or who submitted an incomplete application, an application showing "on its face" that the individual does not meet the renewal requirements, or an application not accompanied by the correct fee. Methodolgy It is assumed that fiscal implications would result only from the pilot projects. The Board would hire a nursing consultant at $45,420 per year for FY 1998-2000 to facilitate and monitor the pilots and programs. I. Methodology for Competencies Pilots: The methodology assumes that the Board or its designated agent will use a contractor to measure and evaluate the continued nursing competencies pilots. The estimated cost of $25,000 is spread out over three years. The Board would contract with a maximum of 10 employers of registered nurses, schools, hospitals, nurses in private practice or other entities in practice settings to participate in the program. Grant amounts of $100 per registered nurse in the pilot would be given to these entities for costs incurred in the evaluation of RN competency. The total estimated cost is $100,000. Grants would be made in FY 1999. Pilots would last for 12 months with 3 to 6 months of follow-up evaluation in FY 2000. II. Methodology for Legal and Regulatory Pilots: The Board would contract out for: A) a legal review of state and federal laws to be included in curriculum; B) the development of a review curriculum; C) development and validation of a jurisprudence examination. Estimated cost for review and curriculum development is $32,000 over three years. Estimated costs for examination development and validation is $75,000 ($50,000 in 1999 and $25,000 in 2000). III. Advisory Committee Costs Advisory committee costs would be limited to $500 per year for committee support for postage, mailing and miscellaneous expenses, for FY 1998-FY 2000, for a total of $1,500. To cover costs of the pilot programs, the Board would increase fees by $2 for FY 1998 and FY 1999. The Board would adjust fees downward by $1 in FY 2000, and by another $1 in 2001. The probable fiscal implications of implementing the provisions of the bill during each of the first five years following passage is estimated as follows: Five Year Impact: Fiscal Year Probable Probable Revenue Change in Number Savings/(Cost) Gain/(Loss) from of State from General General Revenue Employees from Revenue Fund Fund FY 1997 0001 0001 1998 ($93,370) $166,000 1.0 1998 (234,370) 174,000 1.0 2000 (95,370) 98,000 1.0 2001 2002 Net Impact on General Revenue Related Funds: Fiscal Year Probable Net Postive/(Negative) General Revenue Related Funds Funds 1998 $72,630 1999 (60,370) 2000 2,630 2001 0 2002 0 No significant fiscal implication to units of local government is anticipated. The bill would allow the Board of Nurse Examiners to require that educational programs collect and submit information to the Board that will permit the Board to determine whether enrollees or individuals accepted for enrollment are aware of conditions that may disqualify individuals from qualifying for licensure upon graduation. This may require additional administrative activities for educational programs. These activities should be absorbed by existing resources, and should not have significant fiscal impact to local units of government. Source: Agencies: 507 Board of Nurse Examiners LBB Staff: JK ,BB ,MM