SB 0706 - Fiscal Note

Fiscal Note - SB 0706 - Licensing of Acupuncturists

L.R. NO.  2890-01
BILL NO.  SB 706
SUBJECT:  Licenses, Professional: Medical Procedures and Personnel
TYPE:     Original
DATE:     February 7, 1996



                              FISCAL SUMMARY
                    ESTIMATED NET EFFECT ON STATE FUNDS


FUND AFFECTED              FY 1997             FY 1998           FY 1999
PR Fees                     $8,155            ($7,116)            $8,907

Total Estimated
Net Effect on All
State Funds                 $8,155            ($7,116)            $8,907

                   ESTIMATED NET EFFECT ON FEDERAL FUNDS


FUND AFFECTED              FY 1997             FY 1998           FY 1999
None                            $0                  $0                $0

Total Estimated
Net Effect on All
Federal Funds                   $0                  $0                $0

                    ESTIMATED NET EFFECT ON LOCAL FUNDS


FUND AFFECTED              FY 1997             FY 1998           FY 1999
Local Government                $0                  $0                $0

                              FISCAL ANALYSIS

ASSUMPTION
Officials from the Department of Economic Development-Professional
Registration (DPR) assume all revenue would be deposited in the PR Fees Fund
and all appropriations would be from the PR Fees Fund, since the legislation
provides no other directive.

Based on information from the Acupuncture Society of America and the
Acupuncture Association of Missouri, there would be only 10-20 acupuncturists
in the State of Missouri.  License and renewal fees would be set at $750 to
support the estimated cost of operations and would renew in the odd numbered
years, as per the legislation.  Revenue for FY 97 would be $15,000 based on
20 licensees, with an estimated 3% annual growth.

DPR assumes there would be one complaint and investigation annually which
would be contracted at a cost of $35 per hour for an investigator for a total
of 12 hours, resulting in a cost of $420.  Additionally, DPR assumes the need
to contract for professional expertise in the field for complaint review and
consultation at $100 per hour for a total of ten hours, resulting in a cost
of $1,000.

The General Revenue transfer amount is estimated to be $4,113 per year based
on the transfer amount for a similar size Board.

Currently, it is assumed that licenses could be issued manually, thus
eliminating the need to include costs for implementation of a computer
licensing system.  However, future growth could necessitate such a system.

Officials from the Office of Attorney General (AGO) assume the proposal would
result in the need for one additional Assistant Attorney General I (1 FTE at
$25,000 per year), as well as associated expense and equipment to provide
legal representation to the Division and enforce the provisions of Section 7.
Oversight assumes any additional work load would be minimal, due to the small
number of licensees involved and has not included the costs associated with
an additional FTE.  However, costs for the AGO have already been calculated
by DPR and are included in the Other Costs category as a GR transfer in the
fiscal impact specifications below.

Officials from the Office of Secretary of State (SOS) assume this proposal
would require that new rules be promulgated.  The actual number of Missouri
Register and Code of State Regulations pages this proposal would generate is
unknown; however, a conservative estimate of 247 pages was used to compute
the associated printing and distribution costs.

However, Oversight assumes SOS could increase fees to cover additional
printing costs, per Section 536.033 RSMo, and therefore, has not included
these costs in the fiscal impact for the proposal.

Officials from the Office of State Courts Administrator (CTS) assume the
proposal would have no fiscal impact on their agency.


FISCAL IMPACT - State Government      FY 1997   FY 1998   FY 1999
                                     (10 mo.)

PR FEES FUND

Income-Division of
 Professional Registration (DPR)
   License/Renewal Fees               $15,000      $375   $16,500
Total Income - DPR                    $15,000      $375   $16,500


Costs-DPR
   Expense                           ($2,732)  ($3,378)  ($3,480)
   Other Costs/GR Transfers           (4,113)   (4,113)   (4,113)
Total Costs - DPR                    ($6,845)  ($7,491)  ($7,593)


ESTIMATED NET EFFECT TO
PR FEES FUND                           $8,155  ($7,116)    $8,907

FISCAL IMPACT - Local Government      FY 1997   FY 1998   FY 1999
                                     (10 mo.)

                                            0         0         0

DESCRIPTION

The proposed legislation would establish licensure for the practice of
acupuncture within the Division of Professional Registration.  No person
could practice as an acupuncturist without first being licensed with the
Division. The bill would contain provisions allowing the Division to
establish guidelines regarding qualifications, fees, continuing education,
rule making authority, license renewal, suspension, and revocation.

Under this bill an auricular detox technician would not need a license to
practice acupuncture, as long as he or she was under the supervision of a
licensed acupuncturist.  An auricular detox  technician is a person who
performs a very limited procedure consisting of acupuncture needles inserted
into a specific point of the outer ear of a person undergoing drug or alcohol
treatment.

Violation of any provisions of this bill would be a class B misdemeanor.

This legislation 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-Professional Registration
Office of Attorney General
Office of Secretary of State
Office of State Courts Administrator