SB1078 EngrossedLRB102 04893 BMS 14912 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 5. The Illinois Athletic Trainers Practice Act is
5amended by adding Section 4.5 as follows:
 
6    (225 ILCS 5/4.5 new)
7    Sec. 4.5. Use of dry needling.
8    (a) For the purpose of this Act, "dry needling", also
9known as intramuscular therapy, means an advanced needling
10skill or technique limited to the treatment of myofascial
11pain, using a single use, single insertion, sterile filiform
12needle (without the use of heat, cold, or any other added
13modality or medication), that is inserted into the skin or
14underlying tissues to stimulate trigger points. Dry needling
15may apply theory based only upon Western medical concepts,
16requires an examination and diagnosis, and treats specific
17anatomic entities selected according to physical signs. "Dry
18needling" does not include the teaching or application of
19acupuncture described by the stimulation of auricular points,
20utilization of distal points or non-local points, needle
21retention, application of retained electric stimulation leads,
22or other acupuncture theory.
23    (b) An athletic trainer licensed under this Act may only

 

 

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1perform dry needling after completion of requirements, as
2determined by the Department by rule, that meet or exceed the
3following: (1) 50 hours of instructional courses that include,
4but are not limited to, studies in the musculoskeletal and
5neuromuscular system, the anatomical basis of pain mechanisms,
6chronic pain, and referred pain, myofascial trigger point
7theory, and universal precautions; (2) completion of at least
830 hours of didactic course work specific to dry needling; (3)
9successful completion of at least 54 practicum hours in dry
10needling course work; (4) completion of at least 200
11supervised patient treatment sessions; and (5) successful
12completion of a competency examination. Dry needling shall
13only be performed by a licensed athletic trainer upon
14referral.
 
15    Section 10. The Illinois Occupational Therapy Practice Act
16is amended by changing Section 2 and by adding Section 3.7 as
17follows:
 
18    (225 ILCS 75/2)  (from Ch. 111, par. 3702)
19    (Section scheduled to be repealed on January 1, 2024)
20    Sec. 2. Definitions. In this Act:
21    (1) "Department" means the Department of Financial and
22Professional Regulation.
23    (2) "Secretary" means the Secretary of the Department of
24Financial and Professional Regulation.

 

 

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1    (3) "Board" means the Illinois Occupational Therapy
2Licensure Board appointed by the Secretary.
3    (4) "Occupational therapist" means a person initially
4registered and licensed to practice occupational therapy as
5defined in this Act, and whose license is in good standing.
6    (5) "Occupational therapy assistant" means a person
7initially registered and licensed to assist in the practice of
8occupational therapy under the supervision of a licensed
9occupational therapist, and to implement the occupational
10therapy treatment program as established by the licensed
11occupational therapist.
12    (6) "Occupational therapy" means the therapeutic use of
13purposeful and meaningful occupations or goal-directed
14activities to evaluate and provide interventions for
15individuals, groups, and populations who have a disease or
16disorder, an impairment, an activity limitation, or a
17participation restriction that interferes with their ability
18to function independently in their daily life roles, including
19activities of daily living (ADLs) and instrumental activities
20of daily living (IADLs). Occupational therapy services are
21provided for the purpose of habilitation, rehabilitation, and
22to promote health and wellness. Occupational therapy may be
23provided via technology or telecommunication methods, also
24known as telehealth, however the standard of care shall be the
25same whether a patient is seen in person, through telehealth,
26or other method of electronically enabled health care.

 

 

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1Occupational therapy practice may include any of the
2following:
3        (a) remediation or restoration of performance
4    abilities that are limited due to impairment in
5    biological, physiological, psychological, or neurological
6    processes;
7        (b) modification or adaptation of task, process, or
8    the environment or the teaching of compensatory techniques
9    in order to enhance performance;
10        (c) disability prevention methods and techniques that
11    facilitate the development or safe application of
12    performance skills; and
13        (d) health and wellness promotion strategies,
14    including self-management strategies, and practices that
15    enhance performance abilities.
16    The licensed occupational therapist or licensed
17occupational therapy assistant may assume a variety of roles
18in his or her career including, but not limited to,
19practitioner, supervisor of professional students and
20volunteers, researcher, scholar, consultant, administrator,
21faculty, clinical instructor, fieldwork educator, and educator
22of consumers, peers, and family.
23    (7) "Occupational therapy services" means services that
24may be provided to individuals, groups, and populations, when
25provided to treat an occupational therapy need, including the
26following:

 

 

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1        (a) evaluating, developing, improving, sustaining, or
2    restoring skills in activities of daily living, work, or
3    productive activities, including instrumental activities
4    of daily living and play and leisure activities;
5        (b) evaluating, developing, remediating, or restoring
6    sensorimotor, cognitive, or psychosocial components of
7    performance with considerations for cultural context and
8    activity demands that affect performance;
9        (c) designing, fabricating, applying, or training in
10    the use of assistive technology, adaptive devices, seating
11    and positioning, or temporary, orthoses and training in
12    the use of orthoses and prostheses;
13        (d) adapting environments and processes, including the
14    application of ergonomic principles, to enhance
15    performance and safety in daily life roles;
16        (e) for the occupational therapist or occupational
17    therapy assistant possessing advanced training, skill, and
18    competency as demonstrated through criteria that shall be
19    determined by the Department, applying physical agent
20    modalities, including dry needling, as an adjunct to or in
21    preparation for engagement in occupations;
22        (f) evaluating and providing intervention in
23    collaboration with the client, family, caregiver, or
24    others;
25        (g) educating the client, family, caregiver, or others
26    in carrying out appropriate nonskilled interventions;

 

 

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1        (h) consulting with groups, programs, organizations,
2    or communities to provide population-based services;
3        (i) assessing, recommending, and training in
4    techniques to enhance functional mobility, including
5    wheelchair management;
6        (j) driver rehabilitation and community mobility;
7        (k) management of feeding, eating, and swallowing to
8    enable or enhance performance of these tasks;
9        (l) low vision rehabilitation;
10        (m) lymphedema and wound care management;
11        (n) pain management; and
12        (o) care coordination, case management, and transition
13    services.
14    (8) (Blank).
15    (9) "Address of record" means the designated address
16recorded by the Department in the applicant's or licensee's
17application file or license file as maintained by the
18Department's licensure maintenance unit. It is the duty of the
19applicant or licensee to inform the Department of any change
20of address, and those changes must be made either through the
21Department's website or by contacting the Department.
22(Source: P.A. 98-264, eff. 12-31-13.)
 
23    (225 ILCS 75/3.7 new)
24    Sec. 3.7. Use of dry needling.
25    (a) For the purpose of this Act, "dry needling", also

 

 

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1known as intramuscular therapy, means an advanced needling
2skill or technique limited to the treatment of myofascial
3pain, using a single use, single insertion, sterile filiform
4needle (without the use of heat, cold, or any other added
5modality or medication), that is inserted into the skin or
6underlying tissues to stimulate trigger points. Dry needling
7may apply theory based only upon Western medical concepts,
8requires an examination and diagnosis, and treats specific
9anatomic entities selected according to physical signs. "Dry
10needling" does not include the teaching or application of
11acupuncture described by the stimulation of auricular points,
12utilization of distal points or non-local points, needle
13retention, application of retained electric stimulation leads,
14or other acupuncture theory.
15    (b) An occupational therapist or occupational therapy
16assistant licensed under this Act may only perform dry
17needling after completion of requirements, as determined by
18the Department by rule, that meet or exceed the following: (1)
1950 hours of instructional courses that include, but are not
20limited to, studies in the musculoskeletal and neuromuscular
21system, the anatomical basis of pain mechanisms, chronic pain,
22and referred pain, myofascial trigger point theory, and
23universal precautions; (2) completion of at least 30 hours of
24didactic course work specific to dry needling; (3) successful
25completion of at least 54 practicum hours in dry needling
26course work; (4) completion of at least 200 supervised patient

 

 

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1treatment sessions; and (5) successful completion of a
2competency examination. Dry needling shall only be performed
3by a licensed occupational therapist or licensed occupational
4therapy assistant upon referral.
 
5    Section 15. The Illinois Physical Therapy Act is amended
6by changing Sections 1, 1.2, and 1.5 as follows:
 
7    (225 ILCS 90/1)  (from Ch. 111, par. 4251)
8    (Section scheduled to be repealed on January 1, 2026)
9    Sec. 1. Definitions. As used in this Act:
10    (1) "Physical therapy" means all of the following:
11        (A) Examining, evaluating, and testing individuals who
12    may have mechanical, physiological, or developmental
13    impairments, functional limitations, disabilities, or
14    other health and movement-related conditions, classifying
15    these disorders, determining a rehabilitation prognosis
16    and plan of therapeutic intervention, and assessing the
17    ongoing effects of the interventions.
18        (B) Alleviating impairments, functional limitations,
19    or disabilities by designing, implementing, and modifying
20    therapeutic interventions that may include, but are not
21    limited to, the evaluation or treatment of a person
22    through the use of the effective properties of physical
23    measures and heat, cold, light, water, radiant energy,
24    electricity, sound, and air and use of therapeutic

 

 

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1    massage, therapeutic exercise, mobilization, dry needling,
2    and rehabilitative procedures, with or without assistive
3    devices, for the purposes of preventing, correcting, or
4    alleviating a physical or mental impairment, functional
5    limitation, or disability.
6        (C) Reducing the risk of injury, impairment,
7    functional limitation, or disability, including the
8    promotion and maintenance of fitness, health, and
9    wellness.
10        (D) Engaging in administration, consultation,
11    education, and research.
12    "Physical therapy" includes, but is not limited to: (a)
13performance of specialized tests and measurements, (b)
14administration of specialized treatment procedures, (c)
15interpretation of referrals from physicians, dentists,
16advanced practice registered nurses, physician assistants, and
17podiatric physicians, (d) establishment, and modification of
18physical therapy treatment programs, (e) administration of
19topical medication used in generally accepted physical therapy
20procedures when such medication is either prescribed by the
21patient's physician, licensed to practice medicine in all its
22branches, the patient's physician licensed to practice
23podiatric medicine, the patient's advanced practice registered
24nurse, the patient's physician assistant, or the patient's
25dentist or used following the physician's orders or written
26instructions, (f) supervision or teaching of physical therapy,

 

 

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1and (g) dry needling in accordance with Section 1.5. "Physical
2therapy" does not include radiology, electrosurgery,
3acupuncture, chiropractic technique or determination of a
4differential diagnosis; provided, however, the limitation on
5determining a differential diagnosis shall not in any manner
6limit a physical therapist licensed under this Act from
7performing an evaluation and establishing a physical therapy
8treatment plan pursuant to such license. Nothing in this
9Section shall limit a physical therapist from employing
10appropriate physical therapy techniques that he or she is
11educated and licensed to perform.
12    (2) "Physical therapist" means a person who practices
13physical therapy and who has met all requirements as provided
14in this Act.
15    (3) "Department" means the Department of Professional
16Regulation.
17    (4) "Director" means the Director of Professional
18Regulation.
19    (5) "Board" means the Physical Therapy Licensing and
20Disciplinary Board approved by the Director.
21    (6) "Referral" means a written or oral authorization for
22physical therapy services for a patient by a physician,
23dentist, advanced practice registered nurse, physician
24assistant, or podiatric physician who maintains medical
25supervision of the patient and makes a diagnosis or verifies
26that the patient's condition is such that it may be treated by

 

 

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1a physical therapist.
2    (7) (Blank).
3    (8) "State" includes:
4        (a) the states of the United States of America;
5        (b) the District of Columbia; and
6        (c) the Commonwealth of Puerto Rico.
7    (9) "Physical therapist assistant" means a person licensed
8to assist a physical therapist and who has met all
9requirements as provided in this Act and who works under the
10supervision of a licensed physical therapist to assist in
11implementing the physical therapy treatment program as
12established by the licensed physical therapist. The patient
13care activities provided by the physical therapist assistant
14shall not include the interpretation of referrals, evaluation
15procedures, or the planning or major modification of patient
16programs.
17    (10) "Physical therapy aide" means a person who has
18received on the job training, specific to the facility in
19which he is employed.
20    (11) "Advanced practice registered nurse" means a person
21licensed as an advanced practice registered nurse under the
22Nurse Practice Act.
23    (12) "Physician assistant" means a person licensed under
24the Physician Assistant Practice Act of 1987.
25    (13) "Health care professional" means a physician,
26dentist, podiatric physician, advanced practice registered

 

 

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1nurse, or physician assistant.
2(Source: P.A. 99-173, eff. 7-29-15; 99-229, eff. 8-3-15;
399-642, eff. 7-28-16; 100-201, eff. 8-18-17; 100-418, eff.
48-25-17; 100-513, eff. 1-1-18; 100-863, eff. 8-14-18; 100-897,
5eff. 8-16-18.)
 
6    (225 ILCS 90/1.2)
7    (Section scheduled to be repealed on January 1, 2026)
8    Sec. 1.2. Physical therapy services.
9    (a) A physical therapist may provide physical therapy
10services to a patient with or without a referral from a health
11care professional.
12    (b) A physical therapist providing services without a
13referral from a health care professional must notify the
14patient's treating health care professional within 5 business
15days after the patient's first visit that the patient is
16receiving physical therapy. This does not apply to physical
17therapy services related to fitness or wellness, unless the
18patient presents with an ailment or injury.
19    (b-5) A physical therapist providing services to a patient
20who has been diagnosed by a health care professional as having
21a chronic disease that may benefit from physical therapy must
22communicate at least monthly with the patient's treating
23health care professional to provide updates on the patient's
24course of therapy.
25    (c) A physical therapist shall refer a patient to the

 

 

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1patient's treating health care professional of record or, in
2the case where there is no health care professional of record,
3to a health care professional of the patient's choice, if:
4        (1) the patient does not demonstrate measurable or
5    functional improvement after 10 visits or 15 business
6    days, whichever occurs first, and continued improvement
7    thereafter;
8        (2) the patient was under the care of a physical
9    therapist without a diagnosis established by a health care
10    professional of a chronic disease that may benefit from
11    physical therapy and returns for services for the same or
12    similar condition after 30 calendar days of being
13    discharged by the physical therapist; or
14        (3) the patient's condition, at the time of evaluation
15    or services, is determined to be beyond the scope of
16    practice of the physical therapist.
17    (d) Wound debridement services may only be provided by a
18physical therapist with written authorization from a health
19care professional.
20    (e) A physical therapist shall promptly consult and
21collaborate with the appropriate health care professional
22anytime a patient's condition indicates that it may be related
23to temporomandibular disorder so that a diagnosis can be made
24by that health care professional for an appropriate treatment
25plan.
26(Source: P.A. 100-897, eff. 8-16-18.)
 

 

 

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1    (225 ILCS 90/1.5)
2    (Section scheduled to be repealed on January 1, 2026)
3    Sec. 1.5. Dry needling.
4    (a) For the purpose of this Act, "dry needling", also
5known as intramuscular therapy, means an advanced needling
6skill or technique limited to the treatment of myofascial
7pain, using a single use, single insertion, sterile filiform
8needle (without the use of heat, cold, or any other added
9modality or medication), that is inserted into the skin or
10underlying tissues to stimulate trigger points. Dry needling
11may apply theory based only upon Western medical concepts,
12requires an examination and diagnosis, and treats specific
13anatomic entities selected according to physical signs. Dry
14needling does not include the teaching or application of
15acupuncture described by the stimulation of auricular points,
16utilization of distal points or non-local points, needle
17retention, application of retained electric stimulation leads,
18or the teaching or application of other acupuncture theory.
19    (b) A physical therapist or physical therapist assistant
20licensed under this Act may only perform dry needling after
21completion of requirements, as determined by the Department by
22rule, that meet or exceed the following: (1) 50 hours of
23instructional courses that include, but are not limited to,
24studies in the musculoskeletal and neuromuscular system, the
25anatomical basis of pain mechanisms, chronic and referred

 

 

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1pain, myofascial trigger point theory, and universal
2precautions; (2) completion of at least 30 hours of didactic
3course work specific to dry needling; (3) successful
4completion of at least 54 practicum hours in dry needling
5course work; (4) completion of at least 200 supervised patient
6treatment sessions; and (5) successful completion of a
7competency examination. Dry needling shall only be performed
8by a licensed physical therapist or licensed physical
9therapist assistant. A physical therapist licensed under this
10Act may only perform dry needling under the following
11conditions as determined by the Department by rule:
12        (1) Prior to completion of the education under
13    paragraph (2) of this subsection, successful completion of
14    50 hours of instruction in the following areas:
15            (A) the musculoskeletal and neuromuscular system;
16            (B) the anatomical basis of pain mechanisms,
17        chronic pain, and referred pain;
18            (C) myofascial trigger point theory; and
19            (D) universal precautions.
20        (2) Completion of at least 30 hours of didactic course
21    work specific to dry needling.
22        (3) Successful completion of at least 54 practicum
23    hours in dry needling course work approved by the
24    Federation of State Boards of Physical Therapy or its
25    successor (or substantial equivalent), as determined by
26    the Department. Each instructional course shall specify

 

 

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1    what anatomical regions are included in the instruction
2    and describe whether the course offers introductory or
3    advanced instruction in dry needling. Each instruction
4    course shall include the following areas:
5            (A) dry needling technique;
6            (B) dry needling indications and
7        contraindications;
8            (C) documentation of dry needling;
9            (D) management of adverse effects;
10            (E) practical psychomotor competency; and
11            (F) the Occupational Safety and Health
12        Administration's Bloodborne Pathogens standard.
13        Postgraduate classes qualifying for completion of the
14    mandated 54 hours of dry needling shall be in one or more
15    modules, with the initial module being no fewer than 27
16    hours, and therapists shall complete at least 54 hours in
17    no more than 12 months.
18        (4) Completion of at least 200 patient treatment
19    sessions under supervision as determined by the Department
20    by rule.
21        (5) Successful completion of a competency examination
22    as approved by the Department.
23    Each licensee is responsible for maintaining records of
24the completion of the requirements of this subsection (b) and
25shall be prepared to produce such records upon request by the
26Department.

 

 

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1    (c) (Blank). A newly-licensed physical therapist shall not
2practice dry needling for at least one year from the date of
3initial licensure unless the practitioner can demonstrate
4compliance with subsection (b) through his or her
5pre-licensure educational coursework.
6    (d) (Blank). Dry needling may only be performed by a
7licensed physical therapist and may not be delegated to a
8physical therapist assistant or support personnel.
9    (e) (Blank). A physical therapist shall not advertise,
10describe to patients or the public, or otherwise represent
11that dry needling is acupuncture, nor shall he or she
12represent that he or she practices acupuncture unless
13separately licensed under the Acupuncture Practice Act.
14(Source: P.A. 100-418, eff. 8-25-17.)