LEGISLATIVE BUDGET BOARD
Austin, Texas
 
FISCAL NOTE, 85TH LEGISLATIVE REGULAR SESSION
 
March 19, 2017

TO:
Honorable Charles Schwertner, Chair, Senate Committee on Health & Human Services
 
FROM:
Ursula Parks, Director, Legislative Budget Board
 
IN RE:
SB1412 by Schwertner (Relating to the powers and duties of certain prescribers and dispensers of controlled substances and to the regulatory agencies that issue a license, certification, or registration to the prescribers or dispensers.), As Introduced



Estimated Two-year Net Impact to General Revenue Related Funds for SB1412, As Introduced: an impact of $0 through the biennium ending August 31, 2019.

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
2018 $0
2019 $0
2020 $0
2021 $0
2022 $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 2017
2018 ($74,797) $74,797 1.0
2019 ($70,702) $70,702 1.0
2020 ($70,702) $70,702 1.0
2021 ($70,702) $70,702 1.0
2022 ($70,702) $70,702 1.0

Fiscal Analysis

The bill would amend the Health and Safety Code relating to the powers and duties of certain prescribers and dispensers of controlled substances and to the regulatory agencies that issue a license, certification, or registration to the prescriber or dispensers.

The bill would require regulatory agencies, including the Texas State Board of Dental Examiners, Optometry Board, Board of Veterinary Medical Examiners, Texas Medical Board, Texas Board of Nursing and the Board of Podiatric Medical Examiners to monitor the Prescription Monitoring Program (PMP) for prescribing behavior and dispensing actions of licensees.

The bill would take effect on September 1, 2017.

Methodology

Based on the analysis of the TBSP, it is assumed the TSBP would require one additional full-time-equivalent (FTE) to implement provisions of the bill relating to monitoring requirements by searching PMP data and providing the information to the other regulatory agencies, including the Texas State Board of Dental Examiners, Optometry Board, Board of Veterinary Medical Examiners, Texas Medical Board, Texas Board of Nursing and the Board of Podiatric Medical Examiners. This would have an estimated cost to General Revenue of $74,797 in fiscal year 2018 and $70,702 each year thereafter. TSBP estimates one-time start up costs of $4,095 for the additional FTE and annual costs of $50,111 in salaries and wages for a Program Specialist III, $18,351 in employee benefits and other payroll contribution costs, and $2,240 for other operating expenses.
 
This analysis assumes that any increased cost to the TSBP, which is statutorily required to generate sufficient revenue to cover its costs of operation, would be offset by an increase in fee generated revenue by the agency and other regulatory agencies whose licensees are required to access the PMP, including the Texas State Board of Dental Examiners, Optometry Board, Board of Veterinary Medical Examiners, Texas Medical Board, Texas Board of Nursing and the Board of Podiatric Medical Examiners.

Based on the LBB's analysis of the Texas State Board of Dental Examiners, Optometry Board, Board of Veterinary Medical Examiners, Texas Medical Board, Texas Board of Nursing, and Board of Podiatric Medical Examiners, it is anticipated that duties and responsibilities associated with implementing the provisions of the bill could be accomplished by utilizing existing resources.

Technology

The costs identified above include $1,154 for computer equipment for the additional FTE at TSBP.

Local Government Impact

No fiscal implication to units of local government is anticipated.


Source Agencies:
503 Texas Medical Board, 504 Texas State Board of Dental Examiners, 507 Texas Board of Nursing, 512 Board of Podiatric Medical Examiners, 514 Optometry Board, 515 Board of Pharmacy, 578 Board of Veterinary Medical Examiners
LBB Staff:
UP, KCA, EH, EK