Full Text of SB0140 97th General Assembly
SB0140sam002 97TH GENERAL ASSEMBLY | Sen. Iris Y. Martinez Filed: 3/14/2011
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| 1 | | AMENDMENT TO SENATE BILL 140
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 140 by replacing | 3 | | everything after the enacting clause with the following:
| 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 that is subacute, | 8 | | persistent, and intractable. This does not include procedures | 9 | | for post-surgical pain, labor pain, pain related to child | 10 | | birth, or treatment of pain seen in the emergency room setting.
| 11 | | "Department" means the Department of Financial and | 12 | | Professional Regulation. | 13 | | "Interventional surgical pain procedures" means diagnostic | 14 | | or therapeutic techniques to treat chronic pain. These | 15 | | procedures are surgical and may require the use of imaging | 16 | | guidance and involve any of the following for the treatment of |
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| 1 | | chronic pain only: | 2 | | (1) The cranial nerves and their branches (such as | 3 | | occipital, supra-orbital, and temporal), including | 4 | | destruction by chemical or other modalities.
| 5 | | (2) The facets joints of the cervical, thoracic, lumbar | 6 | | region and surrounding nerve branches, including | 7 | | destruction, ablation, or denervation, aspiration of cysts | 8 | | of small and large joints, and injection of contrast | 9 | | material with the use of image guidance.
| 10 | | (3) Cervical, thoracic, or lumbar sympathetic | 11 | | ganglion, visceral plexuses, or nerve blocks.
| 12 | | (4) Epidural injections in the cervical, thoracic, | 13 | | lumbar, caudal, either both interlaminar and | 14 | | transforaminal, with and without the use of image guidance.
| 15 | | (5) Intrathecal surgical placement of percutaneous or | 16 | | tunneled intrathecal catheters or pumps and subcutaneous | 17 | | port placement not including procedures to refill these | 18 | | pumps.
| 19 | | (6) Injections into sacroiliac joint with and without | 20 | | the use of image guidance. This excludes injections into | 21 | | muscle and trigger point injections.
| 22 | | (7) Provocative or analgesic discography, intradiscal | 23 | | electrothermal therapy, or other intradiscal procedures in | 24 | | which drugs, gases, biologic materials, or prosthesis are | 25 | | placed or injected into the intervertebral disc.
| 26 | | (8) Injection, destruction, or ablation of peripheral |
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| 1 | | nerves including intercostals and radiofrequency ablation | 2 | | or chemical destruction of any nerve or nerve groups or | 3 | | nerve plexus.
| 4 | | (9) Spinal cord or peripheral nerve stimulator | 5 | | placement.
| 6 | | (10) Spinal augmentation procedures such as | 7 | | vertebroplasty, kyphoplasty, sacroplasty, or other bone | 8 | | augmentation procedures.
| 9 | | Section 10. Prohibited practices and penalties. A person | 10 | | shall not practice or offer to practice interventional surgical | 11 | | pain procedures for pain medicine in this State unless the | 12 | | person is a physician licensed to practice medicine in all its | 13 | | branches. A physician may be assisted in these procedures by a | 14 | | physician licensed to practice medicine in all its branches, | 15 | | advanced practice registered nurse, physician assistant, | 16 | | registered nurse, surgical assistant, or surgical technician. | 17 | | Interventional surgical pain procedures as stated in this Act | 18 | | may not be delegated. Any person who violates this Section | 19 | | commits a Class A misdemeanor and is subject to the injunction, | 20 | | punishment, and enforcement provisions set forth in Section 3.5 | 21 | | of the Medical Practice Act of 1987.
| 22 | | Section 15. Rulemaking authority. The Department may adopt | 23 | | rules, in consultation with the Medical Licensing Board, as | 24 | | necessary to implement this Act. |
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| 1 | | Section 20. Applicability. This Act does not prevent the | 2 | | following:
| 3 | | (1) The performance of non-interventional pain | 4 | | procedures by a licensed advanced practice nurse, licensed | 5 | | physician assistant, licensed acupuncturist, licensed | 6 | | podiatrist, licensed hospice and palliative care provider, | 7 | | or licensed physical therapist in accordance with the law.
| 8 | | (2) The performance of nonsurgical pain care and | 9 | | treatment authorized by the statutory scope of practice for | 10 | | other licensed health care workers or delegated by a | 11 | | physician licensed under the Medical Practice Act of 1987.
| 12 | | (3) Nothing in this Act shall be construed to prohibit | 13 | | a licensed chiropractic physician from utilizing | 14 | | procedures within the scope of practice of a chiropractic | 15 | | physician, as defined in the Medical Practice Act of 1987.
| 16 | | Section 99. Effective date. This Act takes effect July 1, | 17 | | 2011.".
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