FISCAL NOTE



FUND(S):

General Revenue

Sources of Revenue:

General Fund

Legislation creates:

Neither Program nor Fund



Fiscal Note Summary


Effect this measure will have on costs and revenues of state government.


The stated purpose of this bill is to add language to West Virginia Code §60A-10-7 requiring the issuance of a lawful prescription for dispensing drug products containing as an active ingredient ephedrine, pseudoephedrine, phenylpropanolamine and other chemical precursors of methamphetamine. According to our interpretation, this bill would require a prescription for dispensing certain medications containing as an active ingredient ephedrine, pseudoephedrine, phenylpropanolamine and other chemical precursors of methamphetamine that are currently available without a prescription (i.e., over the counter). As a result, these medications, which are currently taxable over the counter, would become exempt from the Consumers Sales and Use Tax as a prescription. The loss to the General Revenue Fund from the passage of this bill would be less than $500,000 per year. It should also be noted that Medicaid currently covers these types of medications (e.g., ephedrine and pseudoephedrine) pursuant to a prescription. As a result, these prescriptions would already be exempt from the Consumers Sales Tax. There would be no additional administrative costs to the State Tax Department from the passage of this bill.



Fiscal Note Detail


Effect of Proposal Fiscal Year
2012
Increase/Decrease
(use"-")
2013
Increase/Decrease
(use"-")
Fiscal Year
(Upon Full
Implementation)
1. Estmated Total Cost 0 0 0
Personal Services 0 0 0
Current Expenses 0 0 0
Repairs and Alterations 0 0 0
Assets 0 0 0
Other 0 0 0
2. Estimated Total Revenues 0 0 0


Explanation of above estimates (including long-range effect):


The stated purpose of this bill is to add language to West Virginia Code §60A-10-7 requiring the issuance of a lawful prescription for dispensing drug products containing as an active ingredient ephedrine, pseudoephedrine, phenylpropanolamine and other chemical precursors of methamphetamine. According to our interpretation, this bill would require a prescription for dispensing certain medications containing as an active ingredient ephedrine, pseudoephedrine, phenylpropanolamine and other chemical precursors of methamphetamine that are currently available without a prescription (i.e., over the counter). As a result, these medications, which are currently taxable over the counter, would become exempt from the Consumers Sales and Use Tax as a prescription. The loss to the General Revenue Fund from the passage of this bill would be less than $500,000 per year. It should also be noted that Medicaid currently covers these types of medications (e.g., ephedrine and pseudoephedrine) pursuant to a prescription. As a result, these prescriptions would already be exempt from the Consumers Sales Tax. There would be no additional administrative costs to the State Tax Department from the passage of this bill.



Memorandum






    Person submitting Fiscal Note: Mark Muchow
    Email Address: kerri.r.petry@wv.gov