SENATE CONCURRENT RESOLUTION No. 107
STATE OF NEW JERSEY
INTRODUCED JANUARY 14, 1997
By Senator SINAGRA
A Concurrent Resolution creating the New Jersey Legislative Commission for the Study of Pain Management Policy to study laws relating to acute and chronic pain management.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
Whereas, The most common reason for seeking primary medical care is acute pain, with 80 percent of the millions of injuries suffered annually in the United States involving acute pain; and
Whereas, The Agency for Health Care Policy and Research within the United States Department of Health and Human Services has recognized the inadequacy of traditional pain management therapies for acute pain following surgery and trauma and for cancer pain; and
Whereas, An estimated 25 percent of all cancer patients are dying without relief from severe pain, and an estimated 60 to 70 percent of terminally ill patients are not adequately relieved for moderate to severe pain by traditional pain management therapies; and
Whereas, Unrelieved pain impairs the immune system, raises the likelihood of pneumonia and increased cardiac output and heart rates, and can cause psychological side-effects, such as depression; and
Whereas, Traditional attitudes about patients' pain concerns must be dispelled, because unrelieved pain contributes to patient discomfort, longer recovery periods, and greater use of scarce health care resources; and
Whereas, It is important to confirm and clarify the authority of physicians to prescribe extraordinary doses of pain-relieving agents in cases of intractable pain; and
Whereas, State law and policy can play a role in facilitating effective pain management, thereby serving the medical needs of New Jersey's citizens in the safest and most efficient manner; now, therefore,
Be It Resolved by the Senate of the State of New Jersey (the General Assembly concurring):
1. There is established the "New Jersey Legislative Commission for the Study of Pain Management Policy." The purpose of this commission is to study the laws and practices of this State relating to acute and chronic pain management by health care providers. The commission shall study and prepare a report on the following issues: (a) acute and chronic pain management treatment practices by health care providers in New Jersey; (b) State and federal statutes and regulations relating to pain management therapies, including, but not limited to, drug dispensing practices, use of opioids and nonsteriodal anti-inflammatory drugs (NSAIDs), and the sanction and use of "alternative" therapies such as biofeedback, transcutaneous electrical nerve stimulation (TENS) and massage; (c) acute and chronic pain management education provided by the State's medical schools; (d) the acute and chronic pain management needs of both adults and children; and (e) such other issues relating to pain management as the commission deems appropriate.
2. The commission shall consist of 14 members as follows: two members of the Senate to be appointed by the President of the Senate and who shall each be of different political parties; two members of the General Assembly to be appointed by the Speaker of the General Assembly and who shall each be of different political parties; and ten public members, who are residents of the State of New Jersey: one anesthesiologist, one oncologist, one patient advocate, one member of the faculty of the University of Medicine and Dentistry of New Jersey who shall be a physician with experience in pain management, and one registered professional nurse, to be appointed by the President of the Senate; and one physician specializing in physical medicine, one pharmacist, one primary care physician with experience in pain management, one physician specializing in pain management, and one attorney with expertise in health care law, to be appointed by the Speaker of the General Assembly. All public members who are medical professionals shall be duly licensed to practice in this State. At lease one of the public members shall be a current member of the "American Cancer Society Pain Initiative." Vacancies in the membership of the commission shall be filled in the same manner provided for the original appointments.
3. a. The commission shall organize as soon as practicable following the appointment of its members and shall select a chairperson and vice-chairperson from among the members. The chairperson shall appoint a secretary who need not be a member of the commission.
b. The commission shall be entitled to call to its assistance and avail itself of the services of the employees of any State, county or municipal department, board, bureau, commission or agency as it may require and as may be available to it for its purposes. The Office of Legislative Services shall provide staff support for the preparation of the commission's report.
4. The commission may meet and hold hearings at such places as it shall designate during the sessions or recesses of the Legislature.
5. Within 10 months from the date of the organization of the commission, the commission shall submit its findings and recommendations in the form of a report to the Governor, the Senate and the General Assembly.
6. The commission shall expire upon the issuance of its report.
STATEMENT
This concurrent resolution creates a 14-member "New Jersey Legislative Commission for the Study of Pain Management Policy" to study the laws and practices of this State relating to acute and chronic pain management by health care providers.
The commission shall study and prepare a report on the following issues: (a) acute and chronic pain management treatment practices by health care providers in New Jersey; (b) State and federal statutes and regulations relating to pain management therapies, including, but not limited to, drug dispensing practices, use of opioids and nonsteriodal anti-inflammatory drugs (NSAIDs), and the sanction and use of "alternative" therapies such as biofeedback, transcutaneous electrical nerve stimulation (TENS) and massage; (c) acute and chronic pain management education provided by the State's medical schools; (d) the acute and chronic pain management needs of both adults and children; and (e) such other issues relating to pain management as the commission deems appropriate.
The commission members include: two members of the Senate to be appointed by the President of the Senate; two members of the General Assembly to be appointed by the Speaker of the General Assembly; and 10 public members, who are residents of the State. The public members will include: one anesthesiologist, one oncologist, one patient advocate, one member of the faculty of the University of Medicine and Dentistry of New Jersey who shall be a physician with experience in pain management, and one registered professional nurse, to be appointed by the President of the Senate; and one physician specializing in physical medicine, one pharmacist, one primary care physician with experience in pain management, one physician specializing in pain management, and one attorney with expertise in health care law, to be appointed by the Speaker of the General Assembly. All public members who are medical professionals shall be duly licensed to practice in this State. At lease one of the public members shall be a current member of the "American Cancer Society Pain Initiative."
Establishes "New Jersey Legislative Commission for the Study of Pain Management Policy."