97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB0140

 

Introduced 1/27/2011, by Sen. Iris Y. Martinez

 

SYNOPSIS AS INTRODUCED:
 
New Act

    Creates the Interventional Pain Medicine Act. Defines "interventional pain medicine", "interventional techniques", and other related terms. Provides that a person shall not practice or offer to practice interventional techniques for pain medicine in this State unless such person is a physician licensed to practice medicine in all its branches. Provides that a violation is a Class A misdemeanor. Provides that interventional techniques may not be delegated. Permits the performance of noninvasive or nonsurgical procedures by a licensed chiropractic physician or licensed physical therapist in accordance with the law or the performance of nonsurgical pain care and treatment authorized by the statutory scope of practice for other licensed health care workers or delegated by a physician licensed to practice medicine in all its branches. Effective July 1, 2011.


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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the
5Interventional Pain Medicine Act.
 
6    Section 5. Definitions. In this Act:
7    "Computed tomography" or "CT" means the imaging technique
8utilizing digital geometry processing to generate a
9three-dimensional image inside the body.
10    "Fluoroscope" means a radiological instrument equipped
11with a fluorescent screen that opaque internal structures can
12be viewed as moving shadows images formed by the differential
13transmission of X-rays throughout the body.
14    "Image guidance" means currently available technologies
15such as Fluoroscopy, Ultrasonography, computed tomography, and
16other imaging technologies as they become available that can be
17utilized for interventional pain medicine.
18    "Interventional pain medicine" means diagnosis and
19treatment of pain-related medical conditions primarily with
20the application of interventional techniques in managing
21subacute, chronic, persistent, and intractable pain.
22    "Interventional techniques" means procedures during which
23there is a skin break or contact with the mucosa that are used

 

 

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1by physicians for the diagnosis or treatment of many
2pain-related medical conditions. "Interventional techniques"
3include the placement of percutaneous needles through which
4drugs are then placed in targeted areas, nerves are ablated, or
5certain surgical procedures involving the injection of
6steroids, analgesics, anesthetics, or the placement of
7catheters or electrode leads are performed. These techniques
8are surgical and invasive, use the imaging guidance, and are
9used for the diagnosis and treatment of chronic pain
10conditions.
11    "Ultrasonography" or "Ultrasound" means an imaging
12technique where structures of the body are visualized by
13recording the reflections (echos) of ultrasonic waves directed
14through the tissues.
 
15    Section 10. Prohibited practices and penalties. A person
16shall not practice or offer to practice interventional
17techniques for pain medicine in this State unless the person is
18a physician licensed to practice medicine in all its branches.
19Interventional techniques may not be delegated. Any person who
20violates this Section commits a Class A misdemeanor and is
21subject to the injunction, punishment, and enforcement
22provisions set forth in Section 3.5 of the Medical Practice Act
23of 1987.
24    Chronic interventional techniques and medicine require a
25physician to first examine the patient and formulate a

 

 

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1diagnosis and determine a course of treatment appropriate to
2the patient prior to the performance of the technique.
 
3    Section 15. Rulemaking authority. The Department of
4Financial and Professional Regulation may adopt rules, in
5consultation with the Medical Licensing Board, as necessary to
6implement this Act.
 
7    Section 20. Applicability. This Act does not prevent the
8following:
9        (1) The performance of noninvasive or nonsurgical
10    procedures by a licensed chiropractic physician or
11    licensed physical therapist in accordance with the law.
12        (2) The performance of nonsurgical pain care and
13    treatment authorized by the statutory scope of practice for
14    other licensed health care workers or delegated by a
15    physician licensed to practice medicine in all its
16    branches.
 
17    Section 99. Effective date. This Act takes effect July 1,
182011.