LEGISLATIVE BUDGET BOARD
                              Austin, Texas
                                     
                    FISCAL NOTE, 77th Regular Session
  
                                May 7, 2001
  
  
          TO:  Honorable Mike Moncrief, Chair, Senate Committee on
               Health & Human Services
  
        FROM:  John Keel, Director, Legislative Budget Board
  
       IN RE:  HB2729  by Gray (Relating to allowing the donation of
               certain unused prescription drugs to charitable medical
               clinics.), As Engrossed
  
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*  Estimated Two-year Net Impact to General Revenue Related Funds for    *
*  HB2729, As Engrossed:  an impact of $0 through the biennium ending    *
*  August 31, 2003, for both Scenario 1 and Scenario 2.                  *
*                                                                        *
*  The bill would make no appropriation but could provide the legal      *
*  basis for an appropriation of funds to implement the provisions of    *
*  the bill.                                                             *
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All Funds, Five-Year Impact:
  
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*Fiscal        Probable         Probable Revenue    Change in Number of  *
* Year    Savings/(Cost) from   Gain/(Loss) from   State Employees from  *
*            Food and Drug        Food and Drug           FY 2001        *
*            Registration         Registration                           *
*              Account/             Account/                             *
*            GR-Dedicated         GR-Dedicated                           *
*                5024                 5024                               *
*  2002           $(1,764,669)           $4,620,000                 45.0 *
*  2003            (1,764,669)            5,775,000                 45.0 *
*  2004            (1,764,669)            5,775,000                 45.0 *
*  2005            (1,764,669)            5,775,000                 45.0 *
*  2006            (1,764,669)            5,775,000                 45.0 *
**************************************************************************
  
Scenario 1 is the table above.  Scenario 2 is the table below.
  
**************************************************************************
*Fiscal        Probable         Probable Revenue    Change in Number of  *
* Year    Savings/(Cost) from   Gain/(Loss) from   State Employees from  *
*            Food and Drug        Food and Drug           FY 2001        *
*            Registration         Registration                           *
*              Account/             Account/                             *
*            GR-Dedicated         GR-Dedicated                           *
*                5024                 5024                               *
*  2002                     $0                   $0                  0.0 *
*  2003                      0                    0                  0.0 *
*  2004                      0                    0                  0.0 *
*  2005                      0                    0                  0.0 *
*  2006                      0                    0                  0.0 *
**************************************************************************
  
Fiscal Analysis
  
The bill would provide for a drug donation program where convalescent or
nursing home, hospice, hospital, physician, pharmacy, or individual may
donate unused prescription drugs to a charitable medical clinic.
Appropriate safeguards would be required. The bill would provide for
prohibited acts.
  
  
Methodology
  
Scenario 1
According to Texas Department of Health (TDH), current law would require
a donor of prescription drugs to be licensed as a wholesale drug
distributor. TDH estimates 77,000 entities would be need to be licensed.
Forty-five additional FTEs (44 Natural Resource Specialist IVs and 1
Natural Resource Specialist V) would be needed to accommodate these
entities. Fees are required of new licensees in the amount of $60 per
licensee in FY 2002, and $75 per licensee in FYs 2003-06. It is assumed
77,000 entities would be licensed. Fees are deposited into a General
Revenue-Dedicated account, the Food and Drug Registration Account.

Scenario 2
It is assumed that entities would choose not to be licensed; therefore,
no FTEs would be needed. There would be no fiscal impact.

TDH assumes it would have no costs other than those related to licensing.

  
  
Local Government Impact
  
No fiscal implication to units of local government is anticipated.
  
  
Source Agencies:   529   Health and Human Services Commission, 501
                   Texas Department of Health
LBB Staff:         JK, HD, PP, AJ