SB3491 98TH GENERAL ASSEMBLY

LRB098 18882 ZMM 54028 b

98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB3491

Introduced 2/14/2014, by Sen. Iris Y. Martinez

SYNOPSIS AS INTRODUCED:

New Act

Creates the Interventional Pain Procedures for Chronic Pain Act. Prohibits the practice of interventional pain procedures for pain medicine in this State unless the person is a physician licensed to practice medicine in all its branches. Defines "interventional pain procedures". Exempts certain procedures from the Act. Authorizes the Department of Financial and Professional Regulation to adopt rules in consultation with the Medical Licensing Board as necessary to implement the Act. Effective on July 1, 2014.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning regulation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Interventional Pain Procedures for Chronic Pain Act.

Section 5. Definitions. For the purposes of this Act:

"Chronic pain" means a pain state which is present for more than 3 months duration. This does not include procedures for post-surgical pain, labor pain, pain related to child birth, or treatment of pain seen in an emergency room setting.

"Department" means the Department of Financial and Professional Regulation.

"Interventional pain procedures" means diagnostic or therapeutic techniques to treat chronic pain. These procedures require the use of imaging guidance and involve any of the following for the treatment of chronic pain only:

(1) The cranial nerves and their branches (such as occipital, supra-orbital, and temporal), including destruction by chemical or other modalities.

(2) The facets joints of the cervical, thoracic, lumbar region and surrounding nerve branches, including destruction, ablation, or denervation.

(3) Cervical, thoracic, or lumbar sympathetic ganglion, visceral plexuses, or nerve blocks.

(4) Epidural injections in the cervical, thoracic, lumbar, or caudal regions (interlaminar or transforaminal).

(5) Intrathecal surgical placement of percutaneous or tunneled intrathecal catheters or pumps or subcutaneous port placement, not including procedures to refill these pumps.

(6) Injections into sacroiliac joint, major, and intermediate joints. This excludes injections into muscle and trigger point injections.

(7) Provocative or analgesic discography, intradiscal electrothermal therapy, or other intradiscal procedures in which drugs, gases, biologic materials, or prosthesis are placed or injected into the intervertebral disc.

(8) Injection, destruction, or ablation of peripheral nerves, including intercostals and radio frequency ablation or chemical destruction of any nerve or nerve groups or nerve plexus.

(9) Spinal cord or peripheral nerve stimulator placement.

(10) Spinal augmentation procedures, such as vertebroplasty, kyphoplasty, sacroplasty, or other bone augmentation procedures.

Section 10. Prohibited practices and penalties. A person shall not practice or offer to practice interventional pain procedures for chronic pain medicine in this State unless the person is a physician licensed to practice medicine in all its branches. A physician may be assisted in these procedures by a physician licensed to practice medicine in all its branches, advanced practice registered nurse, physician assistant, registered nurse, surgical assistant, or surgical technician. Interventional pain procedures as defined in this Act may not be delegated. Any person who violates this Section commits a Class A misdemeanor and is subject to the injunction, punishment, and enforcement provisions set forth in Section 3.5 of the Medical Practice Act of 1987.

Section 15. Rulemaking authority. The Department may adopt rules, in consultation with the Medical Licensing Board, as necessary to implement this Act.

Section 20. Applicability.

(a) This Act does not prevent non-interventional therapy for chronic pain:

(1) performed by a licensed advanced practice nurse, licensed physician assistant, licensed acupuncturist, licensed podiatrist, licensed hospice or palliative care provider, or licensed physical therapist in accordance with the law.

(2) authorized by the statutory scope of practice for other licensed health care workers or delegated by a physician licensed under the Medical Practice Act of 1987.

(b) Nothing in this Act shall be construed to prohibit a licensed chiropractic physician from utilizing procedures within the scope of practice of a chiropractic physician, as defined in the Medical Practice Act of 1987.

(c) Nothing in this Act shall be construed to prohibit the performance of acupuncture by an acupuncturist under the Acupuncture Practice Act.

(d) Nothing in this Act shall be construed to affect the service delivered by licensed non-physician providers in a licensed hospital or its affiliates as defined under the Hospital Licensing Act or the University of Illinois Hospital Act or a licensed ambulatory surgical treatment center under the Ambulatory Surgical Treatment Center Act.

(e) Nothing in this Act shall be construed to prohibit an advanced practice nurse from the performance of medical care authorized by the statutory scope of practice for advanced practice nurses or in a written collaborative agreement with a physician licensed to practice medicine in all its branches under the Medical Practice Act of 1987.

Section 99. Effective date. This Act takes effect upon becoming law.