Full Text of SB1662 98th General Assembly
SB1662 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 SB1662 Introduced 2/13/2013, by Sen. Iris Y. Martinez SYNOPSIS AS INTRODUCED: |
| |
Creates the Interventional Surgical Pain Procedures for Chronic Pain Act. Prohibits the practice of interventional surgical pain procedures for pain medicine in this State unless the person is a physician licensed to practice medicine in all its branches. Defines "interventional surgical 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, 2013.
|
| |
| | CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | | FISCAL NOTE ACT MAY APPLY |
| | A BILL FOR |
|
| | | SB1662 | | LRB098 10622 MGM 40899 b |
|
| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 1. Short title. This Act may be cited as the | 5 | | Interventional Surgical Pain Procedures for Chronic Pain Act. | 6 | | Section 5. Definitions. For the purposes of this Act:
| 7 | | "Chronic pain" means a pain state which is present for more | 8 | | than 3 months duration. This
does not include procedures for | 9 | | the treatment of acute pain resulting from surgery, labor pain, | 10 | | pain related to child birth, or
treatment of acute pain seen in | 11 | | an emergency room setting. | 12 | | "Department" means the Department of Financial and | 13 | | Professional Regulation. | 14 | | "Interventional surgical pain procedures" means diagnostic | 15 | | or therapeutic surgical techniques for the treatment of chronic | 16 | | pain that may require the use of imaging guidance and involve: | 17 | | (1) the cranial nerves and their branches (such as | 18 | | occipital, supra-orbital, and
temporal), including | 19 | | destruction by chemical or other modalities; | 20 | | (2) the facet joints of the cervical, thoracic, and | 21 | | lumbar regions and surrounding nerve
branches, including | 22 | | destruction, ablation or denervation, aspiration of cysts | 23 | | of small and
large joints, and injection of contrast |
| | | SB1662 | - 2 - | LRB098 10622 MGM 40899 b |
|
| 1 | | material with the use of imaging guidance; | 2 | | (3) cervical, thoracic, or lumbar sympathetic | 3 | | ganglion, visceral plexuses, or nerve
blocks; | 4 | | (4) epidural injections in the cervical, thoracic, | 5 | | lumbar, caudal regions (interlaminar or transforaminal) | 6 | | with or without the use of imaging guidance; | 7 | | (5) intrathecal surgical placement of percutaneous or | 8 | | tunneled intrathecal catheters
or pumps or subcutaneous | 9 | | port placement, not including procedures to refill these | 10 | | pumps; | 11 | | (6) injections into sacroiliac joint with or without | 12 | | the use of image guidance, not including injections into | 13 | | muscle and trigger point injections; | 14 | | (7) provocative or analgesic discography, intradiscal | 15 | | electrothermal therapy, or
other intradiscal procedures in | 16 | | which drugs, gases, biologic materials, or prosthesis are
| 17 | | placed or injected into the intervertebral disc; | 18 | | (8) injection, destruction, or ablation of peripheral | 19 | | nerves, including intercostals
and radio frequency | 20 | | ablation or chemical destruction of any nerve or nerve | 21 | | groups or
nerve plexus; | 22 | | (9) spinal cord or peripheral nerve stimulator | 23 | | placement; or | 24 | | (10) spinal augmentation procedures, such as | 25 | | vertebroplasty, kyphoplasty,
sacroplasty, or other bone | 26 | | augmentation procedures. |
| | | SB1662 | - 3 - | LRB098 10622 MGM 40899 b |
|
| 1 | | Section 10. Prohibited practices and penalties. A person | 2 | | shall not practice or offer to
practice interventional surgical | 3 | | pain procedures to diagnose and treat chronic pain in this | 4 | | State unless the person is a physician licensed to practice | 5 | | medicine in all its branches. A physician may be assisted in
| 6 | | these procedures by a physician licensed to practice medicine | 7 | | in all its branches, advanced
practice registered nurse, | 8 | | physician assistant, registered nurse, surgical assistant, or | 9 | | surgical
technician. Interventional surgical procedures as | 10 | | defined in this Act may not be delegated. Any person who | 11 | | violates this Section commits a Class A misdemeanor and is | 12 | | subject to the
injunction, punishment, and enforcement | 13 | | provisions set forth in the Medical Practice Act of 1987. | 14 | | Section 15. Rulemaking authority. The Department may adopt | 15 | | rules, in consultation
with the Medical Licensing Board, as | 16 | | necessary to implement this Act. | 17 | | Section 20. Applicability. | 18 | | (a) This Act does not prevent non-interventional therapy | 19 | | for
chronic pain: | 20 | | (1) performed by a licensed advanced practice nurse, | 21 | | licensed dentist, licensed physician assistant, licensed
| 22 | | acupuncturist, licensed podiatrists, licensed hospice and | 23 | | palliative care providers, or
licensed physical therapist |
| | | SB1662 | - 4 - | LRB098 10622 MGM 40899 b |
|
| 1 | | in accordance with the law. | 2 | | (2) authorized by the
statutory scope of practice for | 3 | | other licensed health care workers or delegated by a
| 4 | | physician licensed under the Medical Practice Act of 1987. | 5 | | (b) Nothing in this Act shall be construed to prohibit a | 6 | | licensed chiropractic
physician from using procedures within | 7 | | the scope of practice of a chiropractic
physician, as defined | 8 | | in the Medical Practice Act of 1987. | 9 | | (c) Nothing in this Act shall be construed to prohibit the | 10 | | performance of acupuncture by
an acupuncturist under the | 11 | | Acupuncture Practice Act. | 12 | | (d) Nothing in this Act shall be construed to affect the | 13 | | service delivered by licensed nonphysician
providers in a | 14 | | licensed hospital or its affiliates as defined under the | 15 | | Hospital
Licensing Act or the University of Illinois Hospital | 16 | | Act or a licensed ambulatory surgical
treatment center under | 17 | | the Ambulatory Surgical Treatment Center Act.
| 18 | | Section 99. Effective date. This Act takes effect July 1, | 19 | | 2013.
|
|