SB0140 97TH GENERAL ASSEMBLY

LRB097 05330 CEL 45385 b

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.

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 Medicine Act.

Section 5. Definitions. In this Act:

"Computed tomography" or "CT" means the imaging technique utilizing digital geometry processing to generate a three-dimensional image inside the body.

"Fluoroscope" means a radiological instrument equipped with a fluorescent screen that opaque internal structures can be viewed as moving shadows images formed by the differential transmission of X-rays throughout the body.

"Image guidance" means currently available technologies such as Fluoroscopy, Ultrasonography, computed tomography, and other imaging technologies as they become available that can be utilized for interventional pain medicine.

"Interventional pain medicine" means diagnosis and treatment of pain-related medical conditions primarily with the application of interventional techniques in managing subacute, chronic, persistent, and intractable pain.

"Interventional techniques" means procedures during which there is a skin break or contact with the mucosa that are used by physicians for the diagnosis or treatment of many pain-related medical conditions. "Interventional techniques" include the placement of percutaneous needles through which drugs are then placed in targeted areas, nerves are ablated, or certain surgical procedures involving the injection of steroids, analgesics, anesthetics, or the placement of catheters or electrode leads are performed. These techniques are surgical and invasive, use the imaging guidance, and are used for the diagnosis and treatment of chronic pain conditions.

"Ultrasonography" or "Ultrasound" means an imaging technique where structures of the body are visualized by recording the reflections (echos) of ultrasonic waves directed through the tissues.

Section 10. Prohibited practices and penalties. A person shall not practice or offer to practice interventional techniques for pain medicine in this State unless the person is a physician licensed to practice medicine in all its branches. Interventional techniques 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.

Chronic interventional techniques and medicine require a physician to first examine the patient and formulate a diagnosis and determine a course of treatment appropriate to the patient prior to the performance of the technique.

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

Section 20. Applicability. This Act does not prevent the following:

(1) The performance of noninvasive or nonsurgical procedures by a licensed chiropractic physician or licensed physical therapist in accordance with the law.

(2) 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.

Section 99. Effective date. This Act takes effect July 1, 2011.