HSB 3 (LSB 1547YC (2) 85)

HOUSE FILE _____

BY  (PROPOSED COMMITTEE ON HUMAN RESOURCES BILL BY CHAIRPERSON MILLER)

A BILL FOR

An Act relating to the practice of interventional pain procedures, and providing a penalty.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  148.15  Interventional pain procedures.
   1.  A person shall not practice or offer to practice interventional pain procedures unless such person meets all of the following requirements:
   a.  The person is a physician licensed under this chapter.
   b.  The person has completed medical training in an allopathic or osteopathic medical college.
   c.  The person has completed postgraduate medical training with formal education in the medical practice of interventional pain procedures which has been approved by the board.
   2.  For the purposes of this section, “interventional pain procedures” means any of the following procedures used in the course of diagnosing or treating pain which is chronic, persistent, and intractable, or which occurs outside of a surgical, obstetrical, or postoperative course of care:
   a.  Ablation of targeted nerves.
   b.  Percutaneous precision needle placement within the spinal column with placement of drugs, such as local anesthetics, steroids, and analgesics, under fluoroscopic guidance.
   c.  Laser or endoscopic discectomy, or the surgical placement of intrathecal infusion pumps or spinal cord stimulators.
   3.  Nothing in this section shall be construed to prohibit or restrict the performance of surgical or obstetrical anesthesia services or postoperative pain control by an advanced registered nurse practitioner licensed in the state and holding a specialty, as determined by the board of nursing, as a certified registered nurse anesthetist.
   4.  Notwithstanding subsection 1, a podiatrist licensed under chapter 149 or a dentist licensed under chapter 153 may perform interventional pain procedures within the scope of the person’s license in accordance with standards of care as determined by the respective licensing boards.
   5.  A person who violates this section is guilty of a serious misdemeanor as provided in section 147.86 and is subject to the injunction, punishment, and enforcement provisions set forth in chapter 147.
   6.  The board may adopt rules to implement the provisions of this section.
EXPLANATION
   This bill establishes requirements for a person who practices certain chronic interventional pain procedures. The bill lists the chronic interventional pain procedures. The bill provides that in order to perform the listed procedures a person must be a licensed physician who has completed medical training in an allopathic or osteopathic medical college and has completed postgraduate medical training with formal education in the medical practice of interventional pain procedures.
   The bill exempts certain licensed professionals from the professional requirements in certain circumstances. The bill does not restrict an advanced registered nurse practitioner with a specialty as a certified registered nurse anesthetist from performing surgical or obstetrical anesthesia services or postoperative pain control. The bill also exempts licensed podiatrists and dentists performing procedures within the scope of their license and in accordance with applicable standards of care.
   The bill provides that the board of medicine shall adopt rules to implement the bill.
   The bill makes a penalty in Code section 147.86 applicable, making it a serious misdemeanor to violate any of the provisions of the bill.