LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 77th Regular Session
April 11, 2001
TO: Honorable Patricia Gray, Chair, House Committee on Public
Health
FROM: John Keel, Director, Legislative Budget Board
IN RE: HB2837 by Dukes (Relating to the licensing and
regulation of the practice of kinesiotherapy; providing
penalties.), As Introduced
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* Estimated Two-year Net Impact to General Revenue Related Funds for *
* HB2837, As Introduced: an impact of $0 through the biennium *
* ending August 31, 2003. *
* *
* 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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General Revenue-Related Funds, Five-Year Impact:
****************************************************
* Fiscal Year Probable Net Positive/(Negative) *
* Impact to General Revenue Related *
* Funds *
* 2002 $0 *
* 2003 0 *
* 2004 0 *
* 2005 0 *
* 2006 0 *
****************************************************
All Funds, Five-Year Impact:
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*Fiscal Probable (Cost) to Probable Revenue Change in Number of *
* Year New General Revenue Gain to New General TDH Employees from *
* Dedicated Licensed Revenue Dedicated FY 2001 *
* Kinesiotherapist Licensed *
* Account Kinesiotherapist *
* Account *
* 2002 $(74,956) $75,000 1.1 *
* 2003 (58,989) 60,000 0.8 *
* 2004 (55,564) 60,000 0.8 *
* 2005 (57,239) 60,000 0.8 *
* 2006 (55,564) 60,000 0.8 *
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Technology Impact
It is assumed the Texas Department of Health (TDH) would incur technology
costs that include (1) the purchase of computer hardware in the amounts
of $2000 for FY 2002, $2,500 for FY 2003, and $2000 for FY 2005; and (2)
the development and maintenance of an automated licensure tracking
system requiring 100 hours of programming (at $50 per hour, $5,000) in
FY 2002, 50 hours of programming ($2,500) in FY 2003, and 25 hours of
programming ($1,250) in each subsequent year.
Fiscal Analysis
The bill would add Chapter 456 to the Occupations Code, creating a
nine-member, governor-appointed Texas State Board of Examiners of
Kinesiotherapists (board) that would be staffed and supported by TDH.
The duties of the board would include developing rules, establishing
qualifications for licensure, approving continuing education programs,
sanctioning license holders for violations of Chapter 456, and
establishing reasonable fees to cover the cost of operating the
regulatory program. The bill would be create a new general
revenue-dedicated account.
The bill would become effective September 1, 2001, with the following
exceptions that would take effect on September 1, 2003: a provision
requiring a person to be properly licensed in order to identify oneself
as a licensed kinesiotherapist and a provision related to criminal
penalties for certain violations of Chapter 456.
Methodology
It is assumed the governor would appoint the board by December 1, 2001.
It is assumed 300 individuals will seek licensure as a kinesiotherapist
every two years and the board will establish a staggered renewal system
to ensure a constant revenue stream for each year of the biennium.
Anticipated fee revenue is $75,000 for FY 2002, and $60,000 in the
following years.
TDH estimates 1.1 full time equivalents (FTEs) would be required to staff
the program during the implementation year of FY 2002, and would be
reduced to 0.8 FTEs in subsequent years. Associated personnel costs are
estimated at $42,908 for the first year and $31,000 thereafter. It is
estimated first year miscellaneous administrative costs related to
establishing the offices for new TDH staff would be approximately $2,613
in FY 2002, and $879 annually thereafter. It is estimated that costs
associated with managing the regulatory program including printing,
postage, storage, and related expenses would be approximately $8,325 per
biennium.
It is assumed the board would meet to receive training and conduct
business for a two-day period three times per year, with two of the three
meetings occurring in Austin. Associated travel costs for the nine
board members and TDH staff would be as follows: transportation,
lodging, and meals at $490 per board member per meeting ($4,410 x 3 =
$13,230 annually), and lodging and meals at $190 per staff person per
non-Austin meeting ($380 annually).
It is assumed that complaints against licensed kinesiotherapists would be
received at no additional cost through existing venues at TDH, including
the professional licensing and certification division's toll-free
complaint hotline and on-line complaint form. TDH assumed a private
investigator would be contracted to investigate one complaint per year,
beginning in FY 2003. It is further assumed that the investigation
would require 40 hours to complete at $100 per hour and that travel
expenses would average $100 per day for five days, for a total cost of
$4,500 per investigation.
Local Government Impact
No fiscal implication to units of local government is anticipated.
Source Agencies: 501 Texas Department of Health
LBB Staff: JK, HD, KF, RM, SW