Public Act 102-0307
 
SB1078 EnrolledLRB102 04893 BMS 14912 b



    AN ACT concerning regulation.

 
    Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: 



 
    Section 5. The Illinois Athletic Trainers Practice Act is 
amended by adding Section 4.5 as follows:
 
    (225 ILCS 5/4.5 new)
    Sec. 4.5. Use of dry needling.
    (a)   For the purpose of this Act, "dry needling", also 
known as intramuscular therapy, means an advanced needling 
skill or technique limited to the treatment of myofascial 
pain, using a single use, single insertion, sterile filiform 
needle (without the use of heat, cold, or any other added 
modality or medication), that is inserted into the skin or 
underlying tissues to stimulate trigger points. Dry needling 
may apply theory based only upon Western medical concepts, 
requires an examination and diagnosis, and treats specific 
anatomic entities selected according to physical signs. "Dry 
needling" does not include the teaching or application of 
acupuncture described by the stimulation of auricular points, 
utilization of distal points or non-local points, needle 
retention, application of retained electric stimulation leads, 
or other acupuncture theory.
    (b)   An athletic trainer licensed under this Act may only 
perform dry needling after completion of requirements, as 
determined by the Department by rule, that meet or exceed the 
following: (1) 50 hours of instructional courses that include, 
but are not limited to, studies in the musculoskeletal and 
neuromuscular system, the anatomical basis of pain mechanisms, 
chronic pain, and referred pain, myofascial trigger point 
theory, and universal precautions; (2) completion of at least 
30 hours of didactic course work specific to dry needling; (3) 
successful completion of at least 54 practicum hours in dry 
needling course work; (4) completion of at least 200 
supervised patient treatment sessions; and (5) successful 
completion of a competency examination. Dry needling shall 
only be performed by a licensed athletic trainer upon 
referral.
 
    Section 10. The Illinois Occupational Therapy Practice Act 
is amended by changing Section 2 and by adding Section 3.7 as 
follows:
 



    (225 ILCS 75/2)  (from Ch. 111, par. 3702)



    (Section scheduled to be repealed on January 1, 2024)

    Sec. 2. Definitions. In this Act:

    (1) "Department" means the Department of Financial and 
Professional Regulation.

    (2) "Secretary" means the Secretary of the Department of 
Financial and Professional Regulation.

    (3) "Board" means the Illinois Occupational Therapy 
Licensure Board
appointed by the Secretary.

    (4) "Occupational therapist" means a person initially

registered and licensed to practice
occupational therapy as 
defined in this Act, and whose license is in good
standing.

    (5) "Occupational therapy assistant" means a person

initially registered and licensed to assist in the practice of 
occupational
therapy under the supervision of a licensed 
occupational
therapist, and to implement the occupational 
therapy treatment program as
established by the licensed 
occupational therapist.

    (6) "Occupational therapy" means the therapeutic use of 
purposeful and
meaningful occupations or goal-directed 
activities to evaluate and provide
interventions for 
individuals, groups, and populations who have a disease or 
disorder,
an impairment, an activity limitation, or a 
participation restriction that
interferes with their ability 
to function independently in their daily life
roles, including 
activities of daily living (ADLs) and instrumental activities 
of daily living (IADLs). Occupational therapy services are 
provided for the purpose of habilitation, rehabilitation, and 
to promote health and wellness. Occupational therapy may be 
provided via technology or telecommunication methods, also 
known as telehealth, however the standard of care shall be the 
same whether a patient is seen in person, through telehealth, 
or other method of electronically enabled health care.  
Occupational therapy practice
may include any of the 
following:


        (a) remediation or restoration of performance 
    abilities that are limited
due to impairment in 
    biological, physiological, psychological, or neurological

    processes;


        (b) modification or adaptation of task, process, or 
    the environment or the teaching of
compensatory techniques 
    in order to enhance performance;


        (c) disability prevention methods and techniques that 
    facilitate the
development or safe application of 
    performance skills; and


        (d) health and wellness promotion strategies, 
    including self-management strategies, and practices that 
    enhance performance
abilities.

    The licensed occupational therapist or licensed 
occupational therapy assistant may assume a variety of roles 
in
his or her career including,
but not limited to, 
practitioner, supervisor of professional students and

volunteers, researcher, scholar, consultant, administrator, 
faculty, clinical
instructor, fieldwork educator, and educator 
of consumers, peers, and family.

    (7) "Occupational therapy services" means services that 
may be provided to
individuals, groups, and populations, when 
provided to treat an occupational therapy need, including the 
following:


        (a) evaluating, developing, improving, sustaining, or 
    restoring skills in
activities of daily living, work, or 
    productive activities, including
instrumental activities 
    of daily living and play and leisure activities;


        (b) evaluating, developing, remediating, or restoring

    sensorimotor,
cognitive, or psychosocial components of 
    performance with considerations for cultural context and 
    activity demands that affect performance;


        (c) designing, fabricating, applying, or training in 
    the use of assistive
technology, adaptive devices, seating 
    and positioning, or temporary, orthoses and training in 
    the use of orthoses and
prostheses;


        (d) adapting environments and processes, including the 
    application of
ergonomic principles, to enhance 
    performance and safety in daily life roles;


        (e) for the occupational therapist or occupational 
    therapy
assistant possessing advanced training, skill, and

    competency as demonstrated through criteria that shall be 
    determined by the
Department, applying physical agent 
    modalities, including dry needling, as an adjunct to or in

    preparation for engagement in occupations;


        (f) evaluating and providing intervention in 
    collaboration with the
client, family, caregiver, or 
    others;


        (g) educating the client, family, caregiver, or others 
    in carrying out
appropriate nonskilled interventions;


        (h) consulting with groups, programs, organizations, 
    or communities to
provide population-based services;
        (i) assessing, recommending, and training in 
    techniques to enhance functional mobility, including 
    wheelchair management;
        (j)         driver rehabilitation and community mobility;
        (k)        management of feeding, eating, and swallowing to 
    enable or enhance performance of these tasks;
        (l)         low vision rehabilitation;
        (m)       lymphedema and wound care management;
        (n)        pain management; and
        (o)        care coordination, case management, and transition 
    services. 

    (8) (Blank).

    (9) "Address of record" means the designated address 
recorded by the Department in the applicant's or licensee's 
application file or license file as maintained by the 
Department's licensure maintenance unit. It is the duty of the 
applicant or licensee to inform the Department of any change 
of address, and those changes must be made either through the 
Department's website or by contacting the Department. 
(Source: P.A. 98-264, eff. 12-31-13.)

 
    (225 ILCS 75/3.7 new)
    Sec. 3.7. Use of dry needling.
    (a) For the purpose of this Act, "dry needling", also 
known as intramuscular therapy, means an advanced needling 
skill or technique limited to the treatment of myofascial 
pain, using a single use, single insertion, sterile filiform 
needle (without the use of heat, cold, or any other added 
modality or medication), that is inserted into the skin or 
underlying tissues to stimulate trigger points. Dry needling 
may apply theory based only upon Western medical concepts, 
requires an examination and diagnosis, and treats specific 
anatomic entities selected according to physical signs. "Dry 
needling" does not include the teaching or application of 
acupuncture described by the stimulation of auricular points, 
utilization of distal points or non-local points, needle 
retention, application of retained electric stimulation leads, 
or other acupuncture theory.
    (b) An occupational therapist or occupational therapy 
assistant licensed under this Act may only perform dry 
needling after completion of requirements, as determined by 
the Department by rule, that meet or exceed the following: (1) 
50 hours of instructional courses that include, but are not 
limited to, studies in the musculoskeletal and neuromuscular 
system, the anatomical basis of pain mechanisms, chronic pain, 
and referred pain, myofascial trigger point theory, and 
universal precautions; (2) completion of at least 30 hours of 
didactic course work specific to dry needling; (3) successful 
completion of at least 54 practicum hours in dry needling 
course work; (4) completion of at least 200 supervised patient 
treatment sessions; and (5) successful completion of a 
competency examination. Dry needling shall only be performed 
by a licensed occupational therapist or licensed occupational 
therapy assistant upon referral.
 
    Section 15. The Illinois Physical Therapy Act is amended  
by changing Sections 1, 1.2, and 1.5 as follows:
 



    (225 ILCS 90/1)  (from Ch. 111, par. 4251)


    (Section scheduled to be repealed on January 1, 2026)

    Sec. 1. Definitions. As used in this Act:

    (1) "Physical therapy" means all of the following:
        (A) Examining, evaluating, and testing individuals who 
    may have mechanical, physiological, or developmental 
    impairments, functional limitations, disabilities, or 
    other health and movement-related conditions, classifying 
    these disorders, determining a rehabilitation prognosis 
    and plan of therapeutic intervention, and assessing the 
    ongoing effects of the interventions.
        (B) Alleviating impairments, functional limitations, 
    or disabilities by designing, implementing, and modifying 
    therapeutic interventions that may include, but are not 
    limited to, the evaluation or treatment of a person 
    through the use of the effective properties of physical 
    measures and heat, cold, light, water, radiant energy, 
    electricity, sound, and air and use of therapeutic 
    massage, therapeutic exercise, mobilization, dry needling, 
    and rehabilitative procedures, with or without assistive 
    devices, for the purposes of preventing, correcting, or 
    alleviating a physical or mental impairment, functional 
    limitation, or disability.
        (C) Reducing the risk of injury, impairment, 
    functional limitation, or disability, including the 
    promotion and maintenance of fitness, health, and 
    wellness.
        (D) Engaging in administration, consultation, 
    education, and research.


    "Physical therapy"
includes, but is not limited to:  (a) 
performance
of specialized tests and measurements, (b) 
administration of specialized
treatment procedures, (c) 
interpretation of referrals from physicians, dentists, 
advanced practice registered nurses, physician assistants,
and 
podiatric physicians, (d) establishment, and modification of 
physical therapy
treatment programs, (e) administration of 
topical medication used in generally
accepted physical therapy 
procedures when such medication is either prescribed
by the 
patient's physician, licensed to practice medicine in all its 
branches,
the patient's physician licensed to practice 
podiatric medicine, the patient's advanced practice registered 
nurse, the patient's physician assistant, or the
patient's 
dentist or used following the physician's orders or written 
instructions, (f) supervision or teaching of physical therapy, 
and (g) dry needling in accordance with Section 1.5.
"Physical 
therapy" does not include radiology, electrosurgery, 
acupuncture, chiropractic
technique or determination of a 
differential
diagnosis; provided, however,
the limitation on 
determining a differential diagnosis shall not in any
manner 
limit a physical therapist licensed under this Act from 
performing
an evaluation and establishing a physical therapy 
treatment plan pursuant to such license. Nothing in this 
Section shall limit
a physical therapist from employing 
appropriate physical therapy techniques
that he or she is 
educated and licensed to perform.

    (2) "Physical therapist" means a person who practices 
physical therapy
and who has met all requirements as provided 
in this Act.

    (3) "Department" means the Department of Professional 
Regulation.

    (4) "Director" means the Director of Professional 
Regulation.

    (5) "Board" means the Physical Therapy Licensing and 
Disciplinary Board approved
by the Director.

    (6) "Referral" means a written or oral authorization for 
physical therapy services for a patient by a physician, 
dentist, advanced practice registered nurse, physician 
assistant, or podiatric physician who maintains medical 
supervision of the patient and makes a diagnosis or verifies 
that the patient's condition is such that it may be treated by 
a physical therapist.

    (7) (Blank).

    (8) "State" includes:

        (a) the states of the United States of America;

        (b) the District of Columbia; and

        (c) the Commonwealth of Puerto Rico.

    (9) "Physical therapist assistant" means a person licensed 
to assist a
physical therapist and who has met all 
requirements as provided in this Act
and who works under the 
supervision of a licensed physical therapist to assist
in 
implementing the physical therapy treatment program as 
established by the
licensed physical therapist.  The patient 
care activities provided by the
physical therapist assistant 
shall not include the interpretation of referrals,
evaluation 
procedures, or the planning or major modification of patient 
programs.

    (10) "Physical therapy aide" means a person who has 
received on
the job training, specific to the facility in 
which he is employed.

    (11) "Advanced practice registered nurse" means a person 
licensed as an advanced practice registered  nurse under  the 
Nurse Practice Act.
    (12) "Physician assistant" means a person licensed under 
the Physician Assistant Practice Act of 1987.

    (13) "Health care professional" means a physician, 
dentist, podiatric physician, advanced practice registered 
nurse, or physician assistant. 
(Source: P.A. 99-173, eff. 7-29-15; 99-229, eff. 8-3-15; 
99-642, eff. 7-28-16; 100-201, eff. 8-18-17; 100-418, eff. 
8-25-17; 100-513, eff. 1-1-18; 100-863, eff. 8-14-18; 100-897, 
eff. 8-16-18.)

 
    (225 ILCS 90/1.2)
    (Section scheduled to be repealed on January 1, 2026)
    Sec. 1.2. Physical therapy services.
    (a)    A physical therapist may provide physical therapy 
services to a patient with or without a referral from a health 
care professional.
    (b)   A physical therapist providing services without a 
referral from a health care professional must notify the 
patient's treating health care professional within 5 business 
days after the patient's first visit that the patient is 
receiving physical therapy. This does not apply to physical 
therapy services related to fitness or wellness, unless the 
patient presents with an ailment or injury.
    (b-5) A physical therapist providing services to a patient 
who has been diagnosed by a health care professional as having 
a chronic disease that may benefit from physical therapy must 
communicate at least monthly with the patient's treating 
health care professional to provide updates on the patient's 
course of therapy.
    (c)   A physical therapist shall refer a patient to the 
patient's treating health care professional of record or, in 
the case where there is no health care professional of record, 
to a health care professional of the patient's choice, if:
        (1)   the patient does not demonstrate measurable or 
    functional improvement after 10 visits or 15 business 
    days, whichever occurs first, and continued improvement 
    thereafter;
        (2)   the patient was under the care of a physical 
    therapist without a diagnosis established by a health care 
    professional of a chronic disease that may benefit from 
    physical therapy and returns for services for the same or 
    similar condition after 30 calendar days of being 
    discharged by the physical therapist; or
        (3)   the patient's condition, at the time of evaluation 
    or services, is determined to be beyond the scope of 
    practice of the physical therapist.
    (d)   Wound debridement services may only be provided by a 
physical therapist with written authorization from a health 
care professional.
    (e) A physical therapist shall promptly consult and 
collaborate with the appropriate health care professional 
anytime a patient's condition indicates that it may be related 
to temporomandibular disorder so that a diagnosis can be made 
by that health care professional for an appropriate treatment 
plan. 

(Source: P.A. 100-897, eff. 8-16-18.)
 
    (225 ILCS 90/1.5)
    (Section scheduled to be repealed on January 1, 2026)
    Sec. 1.5. Dry needling.
    (a) For the purpose of this Act, "dry needling", also 
known as intramuscular therapy, means an advanced needling 
skill or technique limited to the treatment of myofascial 
pain, using a single use, single insertion, sterile filiform 
needle (without the use of heat, cold, or any other added 
modality or medication), that is inserted into the skin or 
underlying tissues to stimulate trigger points. Dry needling 
may apply theory based only upon Western medical concepts, 
requires an examination and diagnosis, and treats specific 
anatomic entities selected according to physical signs. Dry 
needling does not include the teaching or application of 
acupuncture described by the stimulation of auricular points, 
utilization of distal points or non-local points, needle 
retention, application of retained electric stimulation leads, 
or the teaching or application of other acupuncture theory. 
    (b) A physical therapist or physical therapist assistant 
licensed under this Act may only perform dry needling after 
completion of requirements, as determined by the Department by 
rule, that meet or exceed the following: (1) 50 hours of 
instructional courses that include, but are not limited to, 
studies in the musculoskeletal and neuromuscular system, the 
anatomical basis of pain mechanisms, chronic and referred 
pain, myofascial trigger point theory, and universal 
precautions; (2) completion of at least 30 hours of didactic 
course work specific to dry needling; (3) successful 
completion of at least 54 practicum hours in dry needling 
course work; (4) completion of at least 200 supervised patient 
treatment sessions; and (5) successful completion of a 
competency examination. Dry needling shall only be performed 
by a licensed physical therapist or licensed physical 
therapist assistant. A physical therapist licensed under this 
Act may only perform dry needling under the following 
conditions as determined by the Department by rule: 
        (1) Prior to completion of the education under 
    paragraph (2) of this subsection, successful completion of 
    50 hours of instruction in the following areas: 
            (A) the musculoskeletal and neuromuscular system; 
            (B) the anatomical basis of pain mechanisms, 
        chronic pain, and referred pain;
            (C) myofascial trigger point theory; and
            (D) universal precautions. 
        (2) Completion of at least 30 hours of didactic course 
    work specific to dry needling. 
        (3) Successful completion of at least 54 practicum 
    hours in dry needling course work approved by the 
    Federation of State Boards of Physical Therapy or its 
    successor (or substantial equivalent), as determined by 
    the Department.  Each instructional course shall specify 
    what anatomical regions are included in the instruction 
    and describe whether the course offers introductory or 
    advanced instruction in dry needling.  Each instruction 
    course shall include the following areas: 
            (A) dry needling technique;
            (B) dry needling indications and 
        contraindications;
            (C) documentation of dry needling;
            (D) management of adverse effects;
            (E) practical psychomotor competency; and
            (F) the Occupational Safety and Health 
        Administration's Bloodborne Pathogens standard. 
        Postgraduate classes qualifying for completion of the 
    mandated 54 hours of dry needling shall be in one or more 
    modules, with the initial module being no fewer than 27 
    hours, and therapists shall complete at least 54 hours in 
    no more than 12 months. 
        (4) Completion of at least 200 patient treatment 
    sessions under supervision as determined by the Department 
    by rule.
        (5) Successful completion of a competency examination 
    as approved by the Department.
    Each licensee is responsible for maintaining records of 
the completion of the requirements of this subsection (b) and 
shall be prepared to produce such records upon request by the 
Department.
    (c) (Blank). A newly-licensed physical therapist shall not 
practice dry needling for at least one year from the date of 
initial licensure unless the practitioner can demonstrate 
compliance with subsection (b) through his or her 
pre-licensure educational coursework.
    (d) (Blank). Dry needling may only be performed by a 
licensed physical therapist and may not be delegated to a 
physical therapist assistant or support personnel.
    (e) (Blank). A physical therapist shall not advertise, 
describe to patients or the public, or otherwise represent 
that dry needling is acupuncture, nor shall he or she 
represent that he or she  practices acupuncture unless 
separately licensed under the Acupuncture Practice Act. 

(Source: P.A. 100-418, eff. 8-25-17.)