Full Text of SB1078 102nd General Assembly
SB1078sam001 102ND GENERAL ASSEMBLY | Sen. Emil Jones, III Filed: 4/12/2021
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| 1 | | AMENDMENT TO SENATE BILL 1078
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1078 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Physical Therapy Act is amended | 5 | | by changing Sections 1, 1.2, and 1.5 as follows:
| 6 | | (225 ILCS 90/1) (from Ch. 111, par. 4251)
| 7 | | (Section scheduled to be repealed on January 1, 2026)
| 8 | | Sec. 1. Definitions. As used in this Act:
| 9 | | (1) "Physical therapy" means all of the following: | 10 | | (A) Examining, evaluating, and testing individuals who | 11 | | may have mechanical, physiological, or developmental | 12 | | impairments, functional limitations, disabilities, or | 13 | | other health and movement-related conditions, classifying | 14 | | these disorders, determining a rehabilitation prognosis | 15 | | and plan of therapeutic intervention, and assessing the | 16 | | ongoing effects of the interventions. |
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| 1 | | (B) Alleviating impairments, functional limitations, | 2 | | or disabilities by designing, implementing, and modifying | 3 | | therapeutic interventions that may include, but are not | 4 | | limited to, the evaluation or treatment of a person | 5 | | through the use of the effective properties of physical | 6 | | measures and heat, cold, light, water, radiant energy, | 7 | | electricity, sound, and air and use of therapeutic | 8 | | massage, therapeutic exercise, mobilization, dry needling, | 9 | | and rehabilitative procedures, with or without assistive | 10 | | devices, for the purposes of preventing, correcting, or | 11 | | alleviating a physical or mental impairment, functional | 12 | | limitation, or disability. | 13 | | (C) Reducing the risk of injury, impairment, | 14 | | functional limitation, or disability, including the | 15 | | promotion and maintenance of fitness, health, and | 16 | | wellness. | 17 | | (D) Engaging in administration, consultation, | 18 | | education, and research.
| 19 | | "Physical therapy"
includes, but is not limited to: (a) | 20 | | performance
of specialized tests and measurements, (b) | 21 | | administration of specialized
treatment procedures, (c) | 22 | | interpretation of referrals from physicians, dentists, | 23 | | advanced practice registered nurses, physician assistants,
and | 24 | | podiatric physicians, (d) establishment, and modification of | 25 | | physical therapy
treatment programs, (e) administration of | 26 | | topical medication used in generally
accepted physical therapy |
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| 1 | | procedures when such medication is either prescribed
by the | 2 | | patient's physician, licensed to practice medicine in all its | 3 | | branches,
the patient's physician licensed to practice | 4 | | podiatric medicine, the patient's advanced practice registered | 5 | | nurse, the patient's physician assistant, or the
patient's | 6 | | dentist or used following the physician's orders or written | 7 | | instructions, (f) supervision or teaching of physical therapy, | 8 | | and (g) dry needling or intramuscular manual therapy in | 9 | | accordance with Section 1.5 .
"Physical therapy" does not | 10 | | include radiology, electrosurgery, acupuncture, chiropractic
| 11 | | technique or determination of a differential
diagnosis; | 12 | | provided, however,
the limitation on determining a | 13 | | differential diagnosis shall not in any
manner limit a | 14 | | physical therapist licensed under this Act from performing
an | 15 | | evaluation and establishing a physical therapy treatment plan | 16 | | pursuant to such license. Nothing in this Section shall limit
| 17 | | a physical therapist from employing appropriate physical | 18 | | therapy techniques
that he or she is educated and licensed to | 19 | | perform.
| 20 | | (2) "Physical therapist" means a person who practices | 21 | | physical therapy
and who has met all requirements as provided | 22 | | in this Act.
| 23 | | (3) "Department" means the Department of Professional | 24 | | Regulation.
| 25 | | (4) "Director" means the Director of Professional | 26 | | Regulation.
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| 1 | | (5) "Board" means the Physical Therapy Licensing and | 2 | | Disciplinary Board approved
by the Director.
| 3 | | (6) "Referral" means a written or oral authorization for | 4 | | physical therapy services for a patient by a physician, | 5 | | dentist, advanced practice registered nurse, physician | 6 | | assistant, or podiatric physician who maintains medical | 7 | | supervision of the patient and makes a diagnosis or verifies | 8 | | that the patient's condition is such that it may be treated by | 9 | | a physical therapist.
| 10 | | (7) (Blank).
| 11 | | (8) "State" includes:
| 12 | | (a) the states of the United States of America;
| 13 | | (b) the District of Columbia; and
| 14 | | (c) the Commonwealth of Puerto Rico.
| 15 | | (9) "Physical therapist assistant" means a person licensed | 16 | | to assist a
physical therapist and who has met all | 17 | | requirements as provided in this Act
and who works under the | 18 | | supervision of a licensed physical therapist to assist
in | 19 | | implementing the physical therapy treatment program as | 20 | | established by the
licensed physical therapist. The patient | 21 | | care activities provided by the
physical therapist assistant | 22 | | shall not include the interpretation of referrals,
evaluation | 23 | | procedures, or the planning or major modification of patient | 24 | | programs.
| 25 | | (10) "Physical therapy aide" means a person who has | 26 | | received on
the job training, specific to the facility in |
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| 1 | | which he is employed.
| 2 | | (11) "Advanced practice registered nurse" means a person | 3 | | licensed as an advanced practice registered nurse under the | 4 | | Nurse Practice Act. | 5 | | (12) "Physician assistant" means a person licensed under | 6 | | the Physician Assistant Practice Act of 1987.
| 7 | | (13) "Health care professional" means a physician, | 8 | | dentist, podiatric physician, advanced practice registered | 9 | | nurse, or physician assistant. | 10 | | (Source: P.A. 99-173, eff. 7-29-15; 99-229, eff. 8-3-15; | 11 | | 99-642, eff. 7-28-16; 100-201, eff. 8-18-17; 100-418, eff. | 12 | | 8-25-17; 100-513, eff. 1-1-18; 100-863, eff. 8-14-18; 100-897, | 13 | | eff. 8-16-18.)
| 14 | | (225 ILCS 90/1.2) | 15 | | (Section scheduled to be repealed on January 1, 2026) | 16 | | Sec. 1.2. Physical therapy services. | 17 | | (a) A physical therapist may provide physical therapy | 18 | | services to a patient with or without a referral from a health | 19 | | care professional. | 20 | | (b) A physical therapist providing services without a | 21 | | referral from a health care professional must notify the | 22 | | patient's treating health care professional within 5 business | 23 | | days after the patient's first visit that the patient is | 24 | | receiving physical therapy. This does not apply to physical | 25 | | therapy services related to fitness or wellness, unless the |
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| 1 | | patient presents with an ailment or injury. | 2 | | (c) A physical therapist shall refer a patient to the | 3 | | patient's treating health care professional of record or, in | 4 | | the case where there is no health care professional of record, | 5 | | to a health care professional of the patient's choice, if: | 6 | | (1) the patient does not demonstrate measurable or | 7 | | functional improvement after 10 visits or 15 business | 8 | | days, whichever occurs first, and continued improvement | 9 | | thereafter; | 10 | | (2) the patient was under the care of a physical | 11 | | therapist without a diagnosis established by a health care | 12 | | professional and returns for services for the same or | 13 | | similar condition after 30 calendar days of being | 14 | | discharged by the physical therapist; or | 15 | | (3) the patient's condition, at the time of evaluation | 16 | | or services, is determined to be beyond the scope of | 17 | | practice of the physical therapist. | 18 | | (d) Wound debridement services may only be provided by a | 19 | | physical therapist with written authorization from a health | 20 | | care professional. | 21 | | (e) A physical therapist shall promptly consult and | 22 | | collaborate with the appropriate health care professional | 23 | | anytime a patient's condition indicates that it may be related | 24 | | to temporomandibular disorder so that a diagnosis can be made | 25 | | by that health care professional for an appropriate treatment | 26 | | plan.
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| 1 | | (Source: P.A. 100-897, eff. 8-16-18.) | 2 | | (225 ILCS 90/1.5) | 3 | | (Section scheduled to be repealed on January 1, 2026) | 4 | | Sec. 1.5. Dry needling. | 5 | | (a) For the purpose of this Act, "dry needling", also | 6 | | known as intramuscular manual therapy, means an advanced | 7 | | needling skill or technique limited to the treatment of | 8 | | myofascial pain, using a single use, single insertion, sterile | 9 | | filiform needle (without the use of heat, cold, or any other | 10 | | added modality or medication), that is inserted into the skin | 11 | | or underlying tissues to stimulate trigger points. Dry | 12 | | needling may apply theory based only upon Western medical | 13 | | concepts, requires an examination and diagnosis, and treats | 14 | | specific anatomic entities selected according to physical | 15 | | signs. Dry needling does not include the teaching or | 16 | | application of acupuncture described by the stimulation of | 17 | | auricular points, utilization of distal points or non-local | 18 | | points, needle retention, application of retained electric | 19 | | stimulation leads, or the teaching or application of other | 20 | | acupuncture theory. | 21 | | (b) A physical therapist licensed under this Act may only | 22 | | perform dry needling under the following conditions as | 23 | | determined by the Department by rule . : | 24 | | (1) Prior to completion of the education under | 25 | | paragraph (2) of this subsection, successful completion of |
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| 1 | | 50 hours of instruction in the following areas: | 2 | | (A) the musculoskeletal and neuromuscular system; | 3 | | (B) the anatomical basis of pain mechanisms, | 4 | | chronic pain, and referred pain; | 5 | | (C) myofascial trigger point theory; and | 6 | | (D) universal precautions. | 7 | | (2) Completion of at least 30 hours of didactic course | 8 | | work specific to dry needling. | 9 | | (3) Successful completion of at least 54 practicum | 10 | | hours in dry needling course work approved by the | 11 | | Federation of State Boards of Physical Therapy or its | 12 | | successor (or substantial equivalent), as determined by | 13 | | the Department. Each instructional course shall specify | 14 | | what anatomical regions are included in the instruction | 15 | | and describe whether the course offers introductory or | 16 | | advanced instruction in dry needling. Each instruction | 17 | | course shall include the following areas: | 18 | | (A) dry needling technique; | 19 | | (B) dry needling indications and | 20 | | contraindications; | 21 | | (C) documentation of dry needling; | 22 | | (D) management of adverse effects; | 23 | | (E) practical psychomotor competency; and | 24 | | (F) the Occupational Safety and Health | 25 | | Administration's Bloodborne Pathogens standard. | 26 | | Postgraduate classes qualifying for completion of the |
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| 1 | | mandated 54 hours of dry needling shall be in one or more | 2 | | modules, with the initial module being no fewer than 27 | 3 | | hours, and therapists shall complete at least 54 hours in | 4 | | no more than 12 months. | 5 | | (4) Completion of at least 200 patient treatment | 6 | | sessions under supervision as determined by the Department | 7 | | by rule. | 8 | | (5) Successful completion of a competency examination | 9 | | as approved by the Department. | 10 | | Each licensee is responsible for maintaining records of | 11 | | the completion of the requirements of this subsection (b) and | 12 | | shall be prepared to produce such records upon request by the | 13 | | Department. | 14 | | (c) (Blank). A newly-licensed physical therapist shall not | 15 | | practice dry needling for at least one year from the date of | 16 | | initial licensure unless the practitioner can demonstrate | 17 | | compliance with subsection (b) through his or her | 18 | | pre-licensure educational coursework. | 19 | | (d) (Blank). Dry needling may only be performed by a | 20 | | licensed physical therapist and may not be delegated to a | 21 | | physical therapist assistant or support personnel. | 22 | | (e) (Blank). A physical therapist shall not advertise, | 23 | | describe to patients or the public, or otherwise represent | 24 | | that dry needling is acupuncture, nor shall he or she | 25 | | represent that he or she practices acupuncture unless | 26 | | separately licensed under the Acupuncture Practice Act.
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| 1 | | (Source: P.A. 100-418, eff. 8-25-17.)".
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