LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 77th Regular Session May 10, 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.), Committee Report 2nd House, Substituted ************************************************************************** * Estimated Two-year Net Impact to General Revenue Related Funds for * * HB2729, Committee Report 2nd House, Substituted: 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. * ************************************************************************** All Funds, Five-Year Impact: ************************************************************************** *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 and for limits on a donor's and charitable medical clinic's liability. 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