The Committee met to hear testimony on Article VIII of the budget – Regulatory Agencies. This report focuses on discussion of the Board of Dental Examiners, Board of Pharmacy, and Board of Nursing.
Board of Dental Examiners
Trevor Whitney, Analyst, LBB
- Total appropriations are $8.4 million
- Net increase of $29,000 in GR:
- $19,000 for increased Data Center Consolidation maintenance
- Decrease of $37,300 in Appropriated Receipts in alignment with revenue projection
- Transfers: Recommend an increase of $10,099 in FY 2016 and $9,490 in FY 2017 in GR funding for the HPC’s projected increase in maintenance costs for the Data Center Consolidation for the Shared Regulatory Database
- Rider Highlights:
- Capital Budget – $23,000 in FY 2016 and $23,000 in FY 2017 for computer replacement
- Contingent Revenue – delete this Rider
- Contingency for Behavioral Health Funds: add Rider to identify funds subject to Article IX Section 10.04
- Transfer Unexpended Balances Between FY Within the Same Biennium
- Items not included in the introduced bill:
- GR funding for internal audit services
- GR funding to develop career ladder program to reclassify positions and increase staff salaries
- Authority to increase ED salary from $85,161 to $103,555 per FY
Julie Hildebrand Irma Rodriguez, Board of Dental Examiners
- Current Biennium will have an increase of 36 FTE’s to 58 FTE’s
- The Board has decreased the caseload number and average age of open cases in the last year
- Sen. Schwertner asked why it’s taking 305 days to resolve an open case considering the additional funding the Board has received since last session.
- The slow increase in cases resolved is due to lag time created by hiring and training new FTE’s and the massive amount of case backlog
- Sen. West asked how far the sleeping disorder litigation has proceeded between TBDE and TMA and voiced concern over two state agencies using tax payer dollars to fight one another.
- The suit has been filed but has not reached the discovery stage
- Sen. Schwertner voiced concern that too many boards and agencies are legislating rather than regulating
Board of Pharmacy
Trevor Whitney, Analyst, LBB
- Total appropriations are $13.1 million
- Recommendations include a net decrease in GR of $322,285:
- An increase of $24,473 in GR for Increased Data Center Consolidation maintenance
- A decrease of $453,500 in GR for one-time funding for workspace remodeling and vehicle replacement
- The Board is requesting an increase of the ED’s salary from $109,716 to $167,500 per FY; the State Auditor does not recommend a change from the Group 4 classification
- Rider Highlights:
- Capital Budget: funding of $453,000 in GR for one-time funding; $40,525 in FY 2016 and $26,825 in FY 2017 for computer purchases
- Contingency for Behavioral Health Funds: Add rider to identify funds subject to Article IX Section 10.04
- Contingent Revenue: Recommend deleting this rider
- Agency exceptional items not included in recommendations:
- GR funding of $41,200 in FY 2016 and $20,600 in FY 2017 for the replacement of three vehicles
- GR for information resource technology for mobile field inspections and document imaging
- GR for payroll retirement contribution
- GR in FTE cap for 1.0 FTE each FY for a Network Specialist including $65,888 in FY 2016 and $63,288 in FY 2017
- GR for salaries for employee reclassification
- GR for merit salary increases for eligible classified employees
- GR for lump sum termination pay for ED, expected to retire in December 2015
- Authority to increase ED position salary from $109,716 to $167,500
Gay Dodson and Jeanne Waggener, Texas Board of Pharmacy
- The Board is concerned the current ED salary isn’t high enough to attract qualified candidates
- Exceptional items:
- Vehicle replacement of three cars
- Technology—computers, servers, scanners, software, mobile inspection system for field inspectors
- Decrease in licensing fees of about $32 per license will go into effect in October
- Sen. Schwertner asked Dodson’s opinion on moving the prescription drug monitoring program from DPS to the Board.
- The Board thinks it’s a smart move and looks to expand the program
- The Board prepared a fiscal note in response to the program transition that entails a cost of $1.4 million for the first year and a cost of $846,000 for the following year
- Taking over the program will require an increase in FTE’s and would add Texas to the National Drug Monitoring Program
- Sen. West asked what the status is of pill mill investigations and enforcement.
- The Board just completed the King of the Pill operation with the DEA but the DEA chose not to move on any of the pharmacies under investigation and shifted the cases over to the Board; the Board will be revoking licenses and handing out suspensions
Texas Board of Nursing
Trevor Whitney, Analyst, LBB
- Total appropriations are $22.2 million
- Recommendations include a decrease of $386,050 in GR in alignment with agency’s request to pay certain costs with Appropriated Receipts
- The agency is requesting authority to increase the ED position salary from $120,000 to $152,583 per FY, from Group 3 to Group 4; the State Auditor also recommends a change from Group 3 to Group 4
- Rider Highlights :
- Capital Budget: recommendation include a new rider to identify base level funding for personal computers in FY 2016-17; the rider includes $57,600 in FY 2016 and $55,600 in FY 2017 for technology replacement
- Contingent Revenue: recommend deleting this rider
- Contingency for Behavioral Health Funds: add rider to identify funds subject to Article IX Section 10.04
- Agency exceptional items not included in recommendations:
- Increase funding and FTE cap for 23.0 FTE each FY for additional staff in operations, enforcement, legal, and nursing; request includes $876,482 in GR each FY and $213,961 in Appropriated Receipts each FY
- GR funding for expert witness costs in pill mill investigations
- GR funding for merit-based salary increases
- New Capital Budget Rider: workspace remodeling or additional workspace obtainment outside of Hobby Building—estimated costs between $76,608 to $250,00 in GR funding for 2016-17
- Authority to increase ED salary from $120,000 to $152,583 per FY and a change from Group 3 status to Group 4; the State Auditor recommends the change from Group 3 status to Group 4
Kathy Shipp and Katherine Thomas, Texas Board of Nursing
- The Board feels its pertinent to increase the ED’s salary
- The number of nurses in Texas has increase to 375,000 resulting in increased revenue, allowing a reduction in licensing fees
- Sen. Kolkhorst asked if moving Hydrocodone to a schedule 2 drug will help prevent Hydrocodone abuse.
- It might help, but in all reality abusers will find a way to get it no matter what the classification
- Sen. Kolkhorst asked if Nurse Practitioners have the ability to write schedule 2 discharge prescriptions.
- No, only doctors have that authority
- Sen. Uresti asked what percentage of Texas nurses are coming from outside of the U.S.
- Around 3%