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Full Text of SB1078  102nd General Assembly

SB1078sam002 102ND GENERAL ASSEMBLY

Sen. Emil Jones, III

Filed: 4/27/2021

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 1078

2    AMENDMENT NO. ______. Amend Senate Bill 1078 by replacing
3everything after the enacting clause with the following:
 
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

 

 

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1anatomic entities selected according to physical signs. "Dry
2needling" does not include the teaching or application of
3acupuncture described by the stimulation of auricular points,
4utilization of distal points or non-local points, needle
5retention, application of retained electric stimulation leads,
6or other acupuncture theory.
7    (b) An athletic trainer licensed under this Act may only
8perform dry needling after completion of requirements, as
9determined by the Department by rule, that meet or exceed the
10following: (1) 50 hours of instructional courses that include,
11but are not limited to, studies in the musculoskeletal and
12neuromuscular system, the anatomical basis of pain mechanisms,
13chronic pain, and referred pain, myofascial trigger point
14theory, and universal precautions; (2) completion of at least
1530 hours of didactic course work specific to dry needling; (3)
16successful completion of at least 54 practicum hours in dry
17needling course work; (4) completion of at least 200
18supervised patient treatment sessions; and (5) successful
19completion of a competency examination. Dry needling shall
20only be performed by a licensed athletic trainer upon
21referral.
 
22    Section 10. The Illinois Occupational Therapy Practice Act
23is amended by changing Section 2 and by adding Section 3.7 as
24follows:
 

 

 

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1    (225 ILCS 75/2)  (from Ch. 111, par. 3702)
2    (Section scheduled to be repealed on January 1, 2024)
3    Sec. 2. Definitions. In this Act:
4    (1) "Department" means the Department of Financial and
5Professional Regulation.
6    (2) "Secretary" means the Secretary of the Department of
7Financial and Professional Regulation.
8    (3) "Board" means the Illinois Occupational Therapy
9Licensure Board appointed by the Secretary.
10    (4) "Occupational therapist" means a person initially
11registered and licensed to practice occupational therapy as
12defined in this Act, and whose license is in good standing.
13    (5) "Occupational therapy assistant" means a person
14initially registered and licensed to assist in the practice of
15occupational therapy under the supervision of a licensed
16occupational therapist, and to implement the occupational
17therapy treatment program as established by the licensed
18occupational therapist.
19    (6) "Occupational therapy" means the therapeutic use of
20purposeful and meaningful occupations or goal-directed
21activities to evaluate and provide interventions for
22individuals, groups, and populations who have a disease or
23disorder, an impairment, an activity limitation, or a
24participation restriction that interferes with their ability
25to function independently in their daily life roles, including
26activities of daily living (ADLs) and instrumental activities

 

 

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1of daily living (IADLs). Occupational therapy services are
2provided for the purpose of habilitation, rehabilitation, and
3to promote health and wellness. Occupational therapy may be
4provided via technology or telecommunication methods, also
5known as telehealth, however the standard of care shall be the
6same whether a patient is seen in person, through telehealth,
7or other method of electronically enabled health care.
8Occupational therapy practice may include any of the
9following:
10        (a) remediation or restoration of performance
11    abilities that are limited due to impairment in
12    biological, physiological, psychological, or neurological
13    processes;
14        (b) modification or adaptation of task, process, or
15    the environment or the teaching of compensatory techniques
16    in order to enhance performance;
17        (c) disability prevention methods and techniques that
18    facilitate the development or safe application of
19    performance skills; and
20        (d) health and wellness promotion strategies,
21    including self-management strategies, and practices that
22    enhance performance abilities.
23    The licensed occupational therapist or licensed
24occupational therapy assistant may assume a variety of roles
25in his or her career including, but not limited to,
26practitioner, supervisor of professional students and

 

 

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1volunteers, researcher, scholar, consultant, administrator,
2faculty, clinical instructor, fieldwork educator, and educator
3of consumers, peers, and family.
4    (7) "Occupational therapy services" means services that
5may be provided to individuals, groups, and populations, when
6provided to treat an occupational therapy need, including the
7following:
8        (a) evaluating, developing, improving, sustaining, or
9    restoring skills in activities of daily living, work, or
10    productive activities, including instrumental activities
11    of daily living and play and leisure activities;
12        (b) evaluating, developing, remediating, or restoring
13    sensorimotor, cognitive, or psychosocial components of
14    performance with considerations for cultural context and
15    activity demands that affect performance;
16        (c) designing, fabricating, applying, or training in
17    the use of assistive technology, adaptive devices, seating
18    and positioning, or temporary, orthoses and training in
19    the use of orthoses and prostheses;
20        (d) adapting environments and processes, including the
21    application of ergonomic principles, to enhance
22    performance and safety in daily life roles;
23        (e) for the occupational therapist or occupational
24    therapy assistant possessing advanced training, skill, and
25    competency as demonstrated through criteria that shall be
26    determined by the Department, applying physical agent

 

 

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1    modalities, including dry needling, as an adjunct to or in
2    preparation for engagement in occupations;
3        (f) evaluating and providing intervention in
4    collaboration with the client, family, caregiver, or
5    others;
6        (g) educating the client, family, caregiver, or others
7    in carrying out appropriate nonskilled interventions;
8        (h) consulting with groups, programs, organizations,
9    or communities to provide population-based services;
10        (i) assessing, recommending, and training in
11    techniques to enhance functional mobility, including
12    wheelchair management;
13        (j) driver rehabilitation and community mobility;
14        (k) management of feeding, eating, and swallowing to
15    enable or enhance performance of these tasks;
16        (l) low vision rehabilitation;
17        (m) lymphedema and wound care management;
18        (n) pain management; and
19        (o) care coordination, case management, and transition
20    services.
21    (8) (Blank).
22    (9) "Address of record" means the designated address
23recorded by the Department in the applicant's or licensee's
24application file or license file as maintained by the
25Department's licensure maintenance unit. It is the duty of the
26applicant or licensee to inform the Department of any change

 

 

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1of address, and those changes must be made either through the
2Department's website or by contacting the Department.
3(Source: P.A. 98-264, eff. 12-31-13.)
 
4    (225 ILCS 75/3.7 new)
5    Sec. 3.7. Use of dry needling.
6    (a) For the purpose of this Act, "dry needling", also
7known as intramuscular therapy, means an advanced needling
8skill or technique limited to the treatment of myofascial
9pain, using a single use, single insertion, sterile filiform
10needle (without the use of heat, cold, or any other added
11modality or medication), that is inserted into the skin or
12underlying tissues to stimulate trigger points. Dry needling
13may apply theory based only upon Western medical concepts,
14requires an examination and diagnosis, and treats specific
15anatomic entities selected according to physical signs. "Dry
16needling" does not include the teaching or application of
17acupuncture described by the stimulation of auricular points,
18utilization of distal points or non-local points, needle
19retention, application of retained electric stimulation leads,
20or other acupuncture theory.
21    (b) An occupational therapist licensed under this Act may
22only perform dry needling after completion of requirements, as
23determined by the Department by rule, that meet or exceed the
24following: (1) 50 hours of instructional courses that include,
25but are not limited to, studies in the musculoskeletal and

 

 

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1neuromuscular system, the anatomical basis of pain mechanisms,
2chronic pain, and referred pain, myofascial trigger point
3theory, and universal precautions; (2) completion of at least
430 hours of didactic course work specific to dry needling; (3)
5successful completion of at least 54 practicum hours in dry
6needling course work; (4) completion of at least 200
7supervised patient treatment sessions; and (5) successful
8completion of a competency examination. Dry needling shall
9only be performed by a licensed occupational therapist upon
10referral.
 
11    Section 15. The Illinois Physical Therapy Act is amended
12by changing Sections 1 and 1.5 as follows:
 
13    (225 ILCS 90/1)  (from Ch. 111, par. 4251)
14    (Section scheduled to be repealed on January 1, 2026)
15    Sec. 1. Definitions. As used in this Act:
16    (1) "Physical therapy" means all of the following:
17        (A) Examining, evaluating, and testing individuals who
18    may have mechanical, physiological, or developmental
19    impairments, functional limitations, disabilities, or
20    other health and movement-related conditions, classifying
21    these disorders, determining a rehabilitation prognosis
22    and plan of therapeutic intervention, and assessing the
23    ongoing effects of the interventions.
24        (B) Alleviating impairments, functional limitations,

 

 

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1    or disabilities by designing, implementing, and modifying
2    therapeutic interventions that may include, but are not
3    limited to, the evaluation or treatment of a person
4    through the use of the effective properties of physical
5    measures and heat, cold, light, water, radiant energy,
6    electricity, sound, and air and use of therapeutic
7    massage, therapeutic exercise, mobilization, dry needling,
8    and rehabilitative procedures, with or without assistive
9    devices, for the purposes of preventing, correcting, or
10    alleviating a physical or mental impairment, functional
11    limitation, or disability.
12        (C) Reducing the risk of injury, impairment,
13    functional limitation, or disability, including the
14    promotion and maintenance of fitness, health, and
15    wellness.
16        (D) Engaging in administration, consultation,
17    education, and research.
18    "Physical therapy" includes, but is not limited to: (a)
19performance of specialized tests and measurements, (b)
20administration of specialized treatment procedures, (c)
21interpretation of referrals from physicians, dentists,
22advanced practice registered nurses, physician assistants, and
23podiatric physicians, (d) establishment, and modification of
24physical therapy treatment programs, (e) administration of
25topical medication used in generally accepted physical therapy
26procedures when such medication is either prescribed by the

 

 

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

 

 

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

 

 

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1licensed as an advanced practice registered nurse under the
2Nurse Practice Act.
3    (12) "Physician assistant" means a person licensed under
4the Physician Assistant Practice Act of 1987.
5    (13) "Health care professional" means a physician,
6dentist, podiatric physician, advanced practice registered
7nurse, or physician assistant.
8(Source: P.A. 99-173, eff. 7-29-15; 99-229, eff. 8-3-15;
999-642, eff. 7-28-16; 100-201, eff. 8-18-17; 100-418, eff.
108-25-17; 100-513, eff. 1-1-18; 100-863, eff. 8-14-18; 100-897,
11eff. 8-16-18.)
 
12    (225 ILCS 90/1.5)
13    (Section scheduled to be repealed on January 1, 2026)
14    Sec. 1.5. Dry needling.
15    (a) For the purpose of this Act, "dry needling", also
16known as intramuscular therapy, means an advanced needling
17skill or technique limited to the treatment of myofascial
18pain, using a single use, single insertion, sterile filiform
19needle (without the use of heat, cold, or any other added
20modality or medication), that is inserted into the skin or
21underlying tissues to stimulate trigger points. Dry needling
22may apply theory based only upon Western medical concepts,
23requires an examination and diagnosis, and treats specific
24anatomic entities selected according to physical signs. Dry
25needling does not include the teaching or application of

 

 

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1acupuncture described by the stimulation of auricular points,
2utilization of distal points or non-local points, needle
3retention, application of retained electric stimulation leads,
4or the teaching or application of other acupuncture theory.
5    (b) A physical therapist licensed under this Act may only
6perform dry needling after completion of requirements, as
7determined by the Department by rule, that meet or exceed the
8following: (1) 50 hours of instructional courses that include,
9but are not limited to, studies in the musculoskeletal and
10neuromuscular system, the anatomical basis of pain mechanisms,
11chronic and referred pain, myofascial trigger point theory,
12and universal precautions; (2) completion of at least 30 hours
13of didactic course work specific to dry needling; (3)
14successful completion of at least 54 practicum hours in dry
15needling course work; (4) completion of at least 200
16supervised patient treatment sessions; and (5) successful
17completion of a competency examination. Dry needling shall
18only be performed by a licensed physical therapist. A physical
19therapist licensed under this Act may only perform dry
20needling under the following conditions as determined by the
21Department by rule:
22        (1) Prior to completion of the education under
23    paragraph (2) of this subsection, successful completion of
24    50 hours of instruction in the following areas:
25            (A) the musculoskeletal and neuromuscular system;
26            (B) the anatomical basis of pain mechanisms,

 

 

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1        chronic pain, and referred pain;
2            (C) myofascial trigger point theory; and
3            (D) universal precautions.
4        (2) Completion of at least 30 hours of didactic course
5    work specific to dry needling.
6        (3) Successful completion of at least 54 practicum
7    hours in dry needling course work approved by the
8    Federation of State Boards of Physical Therapy or its
9    successor (or substantial equivalent), as determined by
10    the Department. Each instructional course shall specify
11    what anatomical regions are included in the instruction
12    and describe whether the course offers introductory or
13    advanced instruction in dry needling. Each instruction
14    course shall include the following areas:
15            (A) dry needling technique;
16            (B) dry needling indications and
17        contraindications;
18            (C) documentation of dry needling;
19            (D) management of adverse effects;
20            (E) practical psychomotor competency; and
21            (F) the Occupational Safety and Health
22        Administration's Bloodborne Pathogens standard.
23        Postgraduate classes qualifying for completion of the
24    mandated 54 hours of dry needling shall be in one or more
25    modules, with the initial module being no fewer than 27
26    hours, and therapists shall complete at least 54 hours in

 

 

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1    no more than 12 months.
2        (4) Completion of at least 200 patient treatment
3    sessions under supervision as determined by the Department
4    by rule.
5        (5) Successful completion of a competency examination
6    as approved by the Department.
7    Each licensee is responsible for maintaining records of
8the completion of the requirements of this subsection (b) and
9shall be prepared to produce such records upon request by the
10Department.
11    (c) (Blank). A newly-licensed physical therapist shall not
12practice dry needling for at least one year from the date of
13initial licensure unless the practitioner can demonstrate
14compliance with subsection (b) through his or her
15pre-licensure educational coursework.
16    (d) (Blank). Dry needling may only be performed by a
17licensed physical therapist and may not be delegated to a
18physical therapist assistant or support personnel.
19    (e) (Blank). A physical therapist shall not advertise,
20describe to patients or the public, or otherwise represent
21that dry needling is acupuncture, nor shall he or she
22represent that he or she practices acupuncture unless
23separately licensed under the Acupuncture Practice Act.
24(Source: P.A. 100-418, eff. 8-25-17.)".