LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 82ND LEGISLATIVE REGULAR SESSION April 25, 2011 TO: Honorable Richard Pena Raymond, Chair, House Committee on Human Services FROM: John S O'Brien, Director, Legislative Budget Board IN RE:HB2483 by Pena (Relating to certain do-not-resuscitate orders and advance directives; providing penalties.), As Introduced No significant fiscal implication to the State is anticipated. The bill requires the Health and Human Services Commissioner to develop rules that clarify under what conditions in-hospital do not resuscitate (DNR) orders are valid. Based on the rules developed by HHSC, state hospitals may have to develop or revise policies and provide staff education regarding the validity of in hospital advanced directives. It is assumed that any costs associated with this provision could be absorbed within existing agency resources. Under the provisions of the bill, a physician who knowingly executes an out-of-hospital DNR order that is not in compliance with the provisions of the out-of-hospital do-not-resuscitate orders subchapter of the Health and Safety Code would commit a third degree felony. Creating a penalty for any criminal offense is expected to result in increased demands upon the correctional resources of the State due to longer terms of probation, or longer terms of confinement in prison. It is assumed the number of offenders convicted under this statute would not result in a significant impact on the programs and workload of State corrections agencies. Local Government Impact Creating a penalty for the offense under this statute would have an increased demand upon county jail resources, however, it is assumed that the number of offenders convicted under this statute would not result in a significant fiscal impact to these entities. Source Agencies:537 State Health Services, Department of LBB Staff: JOB, CL, MB, JF, NB, LM LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 82ND LEGISLATIVE REGULAR SESSION April 25, 2011 TO: Honorable Richard Pena Raymond, Chair, House Committee on Human Services FROM: John S O'Brien, Director, Legislative Budget Board IN RE:HB2483 by Pena (Relating to certain do-not-resuscitate orders and advance directives; providing penalties.), As Introduced TO: Honorable Richard Pena Raymond, Chair, House Committee on Human Services FROM: John S O'Brien, Director, Legislative Budget Board IN RE: HB2483 by Pena (Relating to certain do-not-resuscitate orders and advance directives; providing penalties.), As Introduced Honorable Richard Pena Raymond, Chair, House Committee on Human Services Honorable Richard Pena Raymond, Chair, House Committee on Human Services John S O'Brien, Director, Legislative Budget Board John S O'Brien, Director, Legislative Budget Board HB2483 by Pena (Relating to certain do-not-resuscitate orders and advance directives; providing penalties.), As Introduced HB2483 by Pena (Relating to certain do-not-resuscitate orders and advance directives; providing penalties.), As Introduced No significant fiscal implication to the State is anticipated. No significant fiscal implication to the State is anticipated. The bill requires the Health and Human Services Commissioner to develop rules that clarify under what conditions in-hospital do not resuscitate (DNR) orders are valid. Based on the rules developed by HHSC, state hospitals may have to develop or revise policies and provide staff education regarding the validity of in hospital advanced directives. It is assumed that any costs associated with this provision could be absorbed within existing agency resources. Under the provisions of the bill, a physician who knowingly executes an out-of-hospital DNR order that is not in compliance with the provisions of the out-of-hospital do-not-resuscitate orders subchapter of the Health and Safety Code would commit a third degree felony. Creating a penalty for any criminal offense is expected to result in increased demands upon the correctional resources of the State due to longer terms of probation, or longer terms of confinement in prison. It is assumed the number of offenders convicted under this statute would not result in a significant impact on the programs and workload of State corrections agencies. Local Government Impact Creating a penalty for the offense under this statute would have an increased demand upon county jail resources, however, it is assumed that the number of offenders convicted under this statute would not result in a significant fiscal impact to these entities. Source Agencies: 537 State Health Services, Department of 537 State Health Services, Department of LBB Staff: JOB, CL, MB, JF, NB, LM JOB, CL, MB, JF, NB, LM