COMMITTEE ON LEGISLATIVE RESEARCH
OVERSIGHT DIVISION
FISCAL NOTE
L.R. No.: 1742-03
Bill No.: SB 557
Subject: Boards, Commissions, Committees, Councils; Drugs and Controlled Substances; Health, Public; Licenses - Professional; Pharmacy; Physicians
Type: Original
Date: March 4, 2003
FISCAL SUMMARY
| FUND AFFECTED | FY 2004 | FY 2005 | FY 2006 |
| Total Estimated
Net Effect on General Revenue Fund |
$0 | $0 | $0 |
| FUND AFFECTED | FY 2004 | FY 2005 | FY 2006 |
| Total Estimated
Net Effect on Other State Funds |
$0 | $0 | $0 |
Numbers within parentheses: ( ) indicate costs or losses.
This fiscal note contains 4 pages.
| FUND AFFECTED | FY 2004 | FY 2005 | FY 2006 |
| Total Estimated
Net Effect on All Federal Funds |
$0 | $0 | $0 |
| FUND AFFECTED | FY 2004 | FY 2005 | FY 2006 |
| Local Government | $0 | $0 | $0 |
ASSUMPTION
Officials from the Department of Economic Development - Division of Professional Registration and the Office of the State Courts Administrator assume the proposal would have no fiscal impact on their office.
Officials from the Office of the Attorney General assume any potential costs arising from this proposal can be absorbed with existing resources.
Officials from the Administrative Hearing Commission (AHC) anticipate this proposal will not significantly alter its caseload. AHC notes if other similar proposals also pass, creating more cases or more complex cases, there could be a fiscal impact.
| FISCAL IMPACT - State Government | FY 2004
(10 Mo.) |
FY 2005 | FY 2006 |
| $0 | $0 | $0 | |
| FISCAL IMPACT - Local Government | FY 2004
(10 Mo.) |
FY 2005 | FY 2006 |
| $0 | $0 | $0 |
FISCAL IMPACT - Small Business
No direct fiscal impact to small businesses would be expected as a result of this proposal.
DESCRIPTION
This proposal modifies the law relating to pharmacists, pharmacies, pharmaceutical services, and drug distributors.
The Board of Pharmacy may place the names of pharmacy technicians on the employee disqualification list. If the Board refuses to issue a certificate of registration, the Board shall notify the applicant of their right to file a complaint with the Administrative Hearing Commission (AHC) (Section 338.013).
The Board may refuse to renew any certificate of registration or license. The Board may restrict or suspend any license or registration if the conduct of the licensee or registrant constitutes a danger to the health and safety of the public. Within 10 business days of such restriction or suspension, the Board shall file a complaint before the AHC requesting an expedited hearing and decision (Section 338.055).
The Board may conduct a disciplinary hearing on an applicant who has been disciplined by another state, territory, or federal agency (Section 338.065).
Any unlicensed person or entity that fails to maintain the required license will be subject to civil penalties (not to exceed $100,000 for each violation) by the Board. Any person who receives notice concerning the imposition of a civil penalty may file an appeal with the AHC (Section 338.075).
The Board shall have the authority to administer oaths, issue subpoenas, and require production of documents and records (Section 338.145).
DESCRIPTION (continued)
Any person who in good faith reports or provides services pursuant to Chapter 338, RSMo, shall be immune from civil liability (Section 338.155).
Adds two new classes of pharmacy permits: nonsterile compounding (replaces home health care) and internet (Section 338.220).
The Board shall have the authority to terminate the distribution of prescription drugs that have been adulterated, misbranded, or stolen (Section 338.380).
This proposal is not federally mandated, would not duplicate any other program and would not require additional capital improvements or rental space.
SOURCES OF INFORMATION
Department of Economic Development - Division of Professional Registration
Office of the State Courts Administrator
Office of the Attorney General
Office of Administration - Administrative Hearing Commission
Mickey Wilson, CPA
Director
March 4, 2003