| TO: | Honorable Lois W. Kolkhorst, Chair, House Committee on Public Health |
| FROM: | John S O'Brien, Director, Legislative Budget Board |
| IN RE: | SB1081 by Van de Putte (Relating to the dispensing of pharmaceuticals with an aesthetic purpose by physicians and therapeutic optometrists.), As Engrossed |
| 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 Savings/(Cost) from General Revenue Fund 1 |
Probable Revenue Gain/(Loss) from General Revenue Fund 1 |
Change in Number of State Employees from FY 2011 |
|---|---|---|---|
| 2012 | ($28,622) | $28,622 | 0.5 |
| 2013 | ($17,622) | $17,622 | 0.5 |
| 2014 | ($17,622) | $17,622 | 0.5 |
| 2015 | ($17,622) | $17,622 | 0.5 |
| 2016 | ($17,622) | $17,622 | 0.5 |
The bill would amend the Occupations Code relating to the dispensing of pharmaceuticals with an aesthetic purpose by physicians and therapeutic optometrists. The bill provides an exception to the prohibition in the Texas Pharmacy Act that prohibits the dispensing of prescription medications and charging a fee by persons or entities that are not licensed by the Texas State Board of Pharmacy. The exemption only applies to physicians and therapeutic optometrists dispensing an identified pharmaceutical with an aesthetic purpose. The bill allows the Texas Medical Board and Optometry Board to adopt fees necessary to implement the provisions of the bill.
The Texas Medical Board and Texas Optometry Board shall adopt rules for the implementation of this bill no later than March 1, 2012. The bill would take effect immediately upon receiving a two-thirds majority vote in each house. If the bill does not receive a two-thirds vote in each house, the bill would take effect September 1, 2011.
For the purpose of this analysis, the Texas Optometry Board assumes additional costs associated with implementing the provisions of the bill. The agency anticipates additional workload due to the inspection of the premises of locations dispensing the medications, issuing and renewing licenses, investigating complaints, and imposing disciplinary actions. The agency estimates a one-time programming cost of $12,000 in fiscal year 2012 to make changes to the agency's database system. In addition, the agency estimates it will need a part-time Administrative Assistant I (Salary of $13,000 each year) to assist with developing registration and renewal documents and procedures, and to prepare recording requirements and inspection procedures. The agency also estimates travel costs of $1,000 starting in fiscal year 2013.
Based on the analysis of the agency, it is assumed that the Optometry Board would adjust license fees to cover any additional costs associated with the implementation of the bill.
Based on the analysis of the Texas Medical Board and the Board of Pharmacy, it is assumed that duties and responsibilities associated with implementing the provisions of the bill could be accomplished by utilizing existing resources.
| Source Agencies: | 503 Texas Medical Board, 514 Optometry Board, 515 Board of Pharmacy
|
| LBB Staff: | JOB, CL, MW, NV, EH
|