LEGISLATIVE BUDGET BOARD
Austin, Texas
 
FISCAL NOTE, 82ND LEGISLATIVE REGULAR SESSION
 
April 11, 2011

TO:
Honorable Lois W. Kolkhorst, Chair, House Committee on Public Health
 
FROM:
John S O'Brien, Director, Legislative Budget Board
 
IN RE:
HB1013 by Brown (Relating to the powers and duties of the Texas Medical Board.), Committee Report 1st House, Substituted



Estimated Two-year Net Impact to General Revenue Related Funds for HB1013, Committee Report 1st House, Substituted: an impact of $0 through the biennium ending August 31, 2013.

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 Year Probable Net Positive/(Negative) Impact to General Revenue Related Funds
2012 $0
2013 $0
2014 $0
2015 $0
2016 $0




Fiscal Year Probable (Cost) from
General Revenue Fund
1 		Probable Revenue Gain from
General Revenue Fund
1 		Change in Number of State Employees from FY 2009
2012 ($75,684) $75,684 2.0
2013 ($75,684) $75,684 2.0
2014 ($75,684) $75,684 2.0
2015 ($75,684) $75,684 2.0
2016 ($75,684) $75,684 2.0

Fiscal Analysis

The bill would amend the Occupations Code relating to the powers and duties of the Texas Medical Board (TMB).  The bill would require TMB to notify a physician by personal delivery or certified mail who is the subject of a complaint filed with the board that a complaint has been filed and shall provide the physician with a copy of the complaint, including a statement of the alleged violation in plain language.  Based on the provisions of the bill a complaint must be provided to the physician without redaction unless the complaint is filed by a patient of the physician; a patient's parent or legal guardian if the patient is a minor; a patient's agent under a power of attorney; or there is a risk of harm to the public or the notice would jeopardize an investigation.

This bill would take effect September 1, 2011.


Methodology

For the purposes of this analysis TMB estimates that 1.0 Clerk III ($23,000 per year) would be needed to prepare/process mail and 1.0 Administrative Assistant III ($31,500 per year) would be needed to perform the redactions.  The agency’s analysis also assumes additional costs for equipment, furniture and software license costs of approximately $3,000 per FTE, totaling $6,000 each fiscal year.  The total impact to TMB to implement the provisions of the bill would be  $54,500 (Salaries/Wages) + $15,184  (Benefits) + $6,000 (Associated Staff Costs) = $75,684 each fiscal year.
 
Based on the analysis of TMB, it is assumed that the Board would adjust license fees to cover any additional costs associated with the implementation of this bill based on the analysis of the agency.

Local Government Impact

No significant fiscal implication to units of local government is anticipated.


Source Agencies:
360 State Office of Administrative Hearings, 503 Texas Medical Board
LBB Staff:
JOB, NV, CL, MW