Illinois General Assembly - Full Text of SB3491
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Full Text of SB3491  98th General Assembly




State of Illinois
2013 and 2014


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


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.

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SB3491LRB098 18882 ZMM 54028 b

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 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
8than 3 months duration. This does not include procedures for
9post-surgical pain, labor pain, pain related to child birth, or
10treatment of pain seen in an emergency room setting.
11    "Department" means the Department of Financial and
12Professional Regulation.
13    "Interventional pain procedures" means diagnostic or
14therapeutic techniques to treat chronic pain. These procedures
15require the use of imaging guidance and involve any of the
16following for the treatment of chronic pain only:
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 facets joints of the cervical, thoracic, lumbar
21    region and surrounding nerve branches, including
22    destruction, ablation, or denervation.
23        (3) Cervical, thoracic, or lumbar sympathetic



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1    ganglion, visceral plexuses, or nerve blocks.
2        (4) Epidural injections in the cervical, thoracic,
3    lumbar, or caudal regions (interlaminar or
4    transforaminal).
5        (5) Intrathecal surgical placement of percutaneous or
6    tunneled intrathecal catheters or pumps or subcutaneous
7    port placement, not including procedures to refill these
8    pumps.
9        (6) Injections into sacroiliac joint, major, and
10    intermediate joints. This excludes injections into muscle
11    and trigger point injections.
12        (7) Provocative or analgesic discography, intradiscal
13    electrothermal therapy, or other intradiscal procedures in
14    which drugs, gases, biologic materials, or prosthesis are
15    placed or injected into the intervertebral disc.
16        (8) Injection, destruction, or ablation of peripheral
17    nerves, including intercostals and radio frequency
18    ablation or chemical destruction of any nerve or nerve
19    groups or nerve plexus.
20        (9) Spinal cord or peripheral nerve stimulator
21    placement.
22        (10) Spinal augmentation procedures, such as
23    vertebroplasty, kyphoplasty, sacroplasty, or other bone
24    augmentation procedures.
25    Section 10. Prohibited practices and penalties. A person



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1shall not practice or offer to practice interventional pain
2procedures for chronic pain medicine in this State unless the
3person is a physician licensed to practice medicine in all its
4branches. A physician may be assisted in these procedures by a
5physician licensed to practice medicine in all its branches,
6advanced practice registered nurse, physician assistant,
7registered nurse, surgical assistant, or surgical technician.
8Interventional pain procedures as defined in this Act may not
9be delegated. Any person who violates this Section commits a
10Class A misdemeanor and is subject to the injunction,
11punishment, and enforcement provisions set forth in Section 3.5
12of the Medical Practice Act of 1987.
13    Section 15. Rulemaking authority. The Department may adopt
14rules, in consultation with the Medical Licensing Board, as
15necessary to implement this Act.
16    Section 20. Applicability.
17    (a) This Act does not prevent non-interventional therapy
18for chronic pain:
19        (1) performed by a licensed advanced practice nurse,
20    licensed physician assistant, licensed acupuncturist,
21    licensed podiatrist, licensed hospice or palliative care
22    provider, or licensed physical therapist in accordance
23    with the law.
24        (2) authorized by the statutory scope of practice for



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1    other licensed health care workers or delegated by a
2    physician licensed under the Medical Practice Act of 1987.
3    (b) Nothing in this Act shall be construed to prohibit a
4licensed chiropractic physician from utilizing procedures
5within the scope of practice of a chiropractic physician, as
6defined in the Medical Practice Act of 1987.
7    (c) Nothing in this Act shall be construed to prohibit the
8performance of acupuncture by an acupuncturist under the
9Acupuncture Practice Act.
10    (d) Nothing in this Act shall be construed to affect the
11service delivered by licensed non-physician providers in a
12licensed hospital or its affiliates as defined under the
13Hospital Licensing Act or the University of Illinois Hospital
14Act or a licensed ambulatory surgical treatment center under
15the Ambulatory Surgical Treatment Center Act.
16    (e) Nothing in this Act shall be construed to prohibit an
17advanced practice nurse from the performance of medical care
18authorized by the statutory scope of practice for advanced
19practice nurses or in a written collaborative agreement with a
20physician licensed to practice medicine in all its branches
21under the Medical Practice Act of 1987.
22    Section 99. Effective date. This Act takes effect upon
23becoming law.