Full Text of SB1078 102nd General Assembly
SB1078enr 102ND GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Athletic Trainers Practice Act is | 5 | | amended 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 | 9 | | known as intramuscular therapy, means an advanced needling | 10 | | skill or technique limited to the treatment of myofascial | 11 | | pain, using a single use, single insertion, sterile filiform | 12 | | needle (without the use of heat, cold, or any other added | 13 | | modality or medication), that is inserted into the skin or | 14 | | underlying tissues to stimulate trigger points. Dry needling | 15 | | may apply theory based only upon Western medical concepts, | 16 | | requires an examination and diagnosis, and treats specific | 17 | | anatomic entities selected according to physical signs. "Dry | 18 | | needling" does not include the teaching or application of | 19 | | acupuncture described by the stimulation of auricular points, | 20 | | utilization of distal points or non-local points, needle | 21 | | retention, application of retained electric stimulation leads, | 22 | | or other acupuncture theory. | 23 | | (b) An athletic trainer licensed under this Act may only |
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| 1 | | perform dry needling after completion of requirements, as | 2 | | determined by the Department by rule, that meet or exceed the | 3 | | following: (1) 50 hours of instructional courses that include, | 4 | | but are not limited to, studies in the musculoskeletal and | 5 | | neuromuscular system, the anatomical basis of pain mechanisms, | 6 | | chronic pain, and referred pain, myofascial trigger point | 7 | | theory, and universal precautions; (2) completion of at least | 8 | | 30 hours of didactic course work specific to dry needling; (3) | 9 | | successful completion of at least 54 practicum hours in dry | 10 | | needling course work; (4) completion of at least 200 | 11 | | supervised patient treatment sessions; and (5) successful | 12 | | completion of a competency examination. Dry needling shall | 13 | | only be performed by a licensed athletic trainer upon | 14 | | referral. | 15 | | Section 10. The Illinois Occupational Therapy Practice Act | 16 | | is amended by changing Section 2 and by adding Section 3.7 as | 17 | | follows:
| 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 | 22 | | Professional Regulation.
| 23 | | (2) "Secretary" means the Secretary of the Department of | 24 | | Financial and Professional Regulation.
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| 1 | | (3) "Board" means the Illinois Occupational Therapy | 2 | | Licensure Board
appointed by the Secretary.
| 3 | | (4) "Occupational therapist" means a person initially
| 4 | | registered and licensed to practice
occupational therapy as | 5 | | defined in this Act, and whose license is in good
standing.
| 6 | | (5) "Occupational therapy assistant" means a person
| 7 | | initially registered and licensed to assist in the practice of | 8 | | occupational
therapy under the supervision of a licensed | 9 | | occupational
therapist, and to implement the occupational | 10 | | therapy treatment program as
established by the licensed | 11 | | occupational therapist.
| 12 | | (6) "Occupational therapy" means the therapeutic use of | 13 | | purposeful and
meaningful occupations or goal-directed | 14 | | activities to evaluate and provide
interventions for | 15 | | individuals, groups, and populations who have a disease or | 16 | | disorder,
an impairment, an activity limitation, or a | 17 | | participation restriction that
interferes with their ability | 18 | | to function independently in their daily life
roles, including | 19 | | activities of daily living (ADLs) and instrumental activities | 20 | | of daily living (IADLs). Occupational therapy services are | 21 | | provided for the purpose of habilitation, rehabilitation, and | 22 | | to promote health and wellness. Occupational therapy may be | 23 | | provided via technology or telecommunication methods, also | 24 | | known as telehealth, however the standard of care shall be the | 25 | | same whether a patient is seen in person, through telehealth, | 26 | | or other method of electronically enabled health care. |
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| 1 | | Occupational therapy practice
may include any of the | 2 | | following:
| 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 | 17 | | occupational therapy assistant may assume a variety of roles | 18 | | in
his or her career including,
but not limited to, | 19 | | practitioner, supervisor of professional students and
| 20 | | volunteers, researcher, scholar, consultant, administrator, | 21 | | faculty, clinical
instructor, fieldwork educator, and educator | 22 | | of consumers, peers, and family.
| 23 | | (7) "Occupational therapy services" means services that | 24 | | may be provided to
individuals, groups, and populations, when | 25 | | provided to treat an occupational therapy need, including the | 26 | | following:
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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 | 16 | | recorded by the Department in the applicant's or licensee's | 17 | | application file or license file as maintained by the | 18 | | Department's licensure maintenance unit. It is the duty of the | 19 | | applicant or licensee to inform the Department of any change | 20 | | of address, and those changes must be made either through the | 21 | | Department'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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| 1 | | known as intramuscular therapy, means an advanced needling | 2 | | skill or technique limited to the treatment of myofascial | 3 | | pain, using a single use, single insertion, sterile filiform | 4 | | needle (without the use of heat, cold, or any other added | 5 | | modality or medication), that is inserted into the skin or | 6 | | underlying tissues to stimulate trigger points. Dry needling | 7 | | may apply theory based only upon Western medical concepts, | 8 | | requires an examination and diagnosis, and treats specific | 9 | | anatomic entities selected according to physical signs. "Dry | 10 | | needling" does not include the teaching or application of | 11 | | acupuncture described by the stimulation of auricular points, | 12 | | utilization of distal points or non-local points, needle | 13 | | retention, application of retained electric stimulation leads, | 14 | | or other acupuncture theory. | 15 | | (b) An occupational therapist or occupational therapy | 16 | | assistant licensed under this Act may only perform dry | 17 | | needling after completion of requirements, as determined by | 18 | | the Department by rule, that meet or exceed the following: (1) | 19 | | 50 hours of instructional courses that include, but are not | 20 | | limited to, studies in the musculoskeletal and neuromuscular | 21 | | system, the anatomical basis of pain mechanisms, chronic pain, | 22 | | and referred pain, myofascial trigger point theory, and | 23 | | universal precautions; (2) completion of at least 30 hours of | 24 | | didactic course work specific to dry needling; (3) successful | 25 | | completion of at least 54 practicum hours in dry needling | 26 | | course work; (4) completion of at least 200 supervised patient |
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| 1 | | treatment sessions; and (5) successful completion of a | 2 | | competency examination. Dry needling shall only be performed | 3 | | by a licensed occupational therapist or licensed occupational | 4 | | therapy assistant upon referral. | 5 | | Section 15. The Illinois Physical Therapy Act is amended | 6 | | by 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) | 13 | | performance
of specialized tests and measurements, (b) | 14 | | administration of specialized
treatment procedures, (c) | 15 | | interpretation of referrals from physicians, dentists, | 16 | | advanced practice registered nurses, physician assistants,
and | 17 | | podiatric physicians, (d) establishment, and modification of | 18 | | physical therapy
treatment programs, (e) administration of | 19 | | topical medication used in generally
accepted physical therapy | 20 | | procedures when such medication is either prescribed
by the | 21 | | patient's physician, licensed to practice medicine in all its | 22 | | branches,
the patient's physician licensed to practice | 23 | | podiatric medicine, the patient's advanced practice registered | 24 | | nurse, the patient's physician assistant, or the
patient's | 25 | | dentist or used following the physician's orders or written | 26 | | instructions, (f) supervision or teaching of physical therapy, |
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| 1 | | and (g) dry needling in accordance with Section 1.5.
"Physical | 2 | | therapy" does not include radiology, electrosurgery, | 3 | | acupuncture, chiropractic
technique or determination of a | 4 | | differential
diagnosis; provided, however,
the limitation on | 5 | | determining a differential diagnosis shall not in any
manner | 6 | | limit a physical therapist licensed under this Act from | 7 | | performing
an evaluation and establishing a physical therapy | 8 | | treatment plan pursuant to such license. Nothing in this | 9 | | Section shall limit
a physical therapist from employing | 10 | | appropriate physical therapy techniques
that he or she is | 11 | | educated and licensed to perform.
| 12 | | (2) "Physical therapist" means a person who practices | 13 | | physical therapy
and who has met all requirements as provided | 14 | | in this Act.
| 15 | | (3) "Department" means the Department of Professional | 16 | | Regulation.
| 17 | | (4) "Director" means the Director of Professional | 18 | | Regulation.
| 19 | | (5) "Board" means the Physical Therapy Licensing and | 20 | | Disciplinary Board approved
by the Director.
| 21 | | (6) "Referral" means a written or oral authorization for | 22 | | physical therapy services for a patient by a physician, | 23 | | dentist, advanced practice registered nurse, physician | 24 | | assistant, or podiatric physician who maintains medical | 25 | | supervision of the patient and makes a diagnosis or verifies | 26 | | that the patient's condition is such that it may be treated by |
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| 1 | | a 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 | 8 | | to assist a
physical therapist and who has met all | 9 | | requirements as provided in this Act
and who works under the | 10 | | supervision of a licensed physical therapist to assist
in | 11 | | implementing the physical therapy treatment program as | 12 | | established by the
licensed physical therapist. The patient | 13 | | care activities provided by the
physical therapist assistant | 14 | | shall not include the interpretation of referrals,
evaluation | 15 | | procedures, or the planning or major modification of patient | 16 | | programs.
| 17 | | (10) "Physical therapy aide" means a person who has | 18 | | received on
the job training, specific to the facility in | 19 | | which he is employed.
| 20 | | (11) "Advanced practice registered nurse" means a person | 21 | | licensed as an advanced practice registered nurse under the | 22 | | Nurse Practice Act. | 23 | | (12) "Physician assistant" means a person licensed under | 24 | | the Physician Assistant Practice Act of 1987.
| 25 | | (13) "Health care professional" means a physician, | 26 | | dentist, podiatric physician, advanced practice registered |
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| 1 | | nurse, or physician assistant. | 2 | | (Source: P.A. 99-173, eff. 7-29-15; 99-229, eff. 8-3-15; | 3 | | 99-642, eff. 7-28-16; 100-201, eff. 8-18-17; 100-418, eff. | 4 | | 8-25-17; 100-513, eff. 1-1-18; 100-863, eff. 8-14-18; 100-897, | 5 | | eff. 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 | 10 | | services to a patient with or without a referral from a health | 11 | | care professional. | 12 | | (b) A physical therapist providing services without a | 13 | | referral from a health care professional must notify the | 14 | | patient's treating health care professional within 5 business | 15 | | days after the patient's first visit that the patient is | 16 | | receiving physical therapy. This does not apply to physical | 17 | | therapy services related to fitness or wellness, unless the | 18 | | patient presents with an ailment or injury. | 19 | | (b-5) A physical therapist providing services to a patient | 20 | | who has been diagnosed by a health care professional as having | 21 | | a chronic disease that may benefit from physical therapy must | 22 | | communicate at least monthly with the patient's treating | 23 | | health care professional to provide updates on the patient's | 24 | | course of therapy. | 25 | | (c) A physical therapist shall refer a patient to the |
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| 1 | | patient's treating health care professional of record or, in | 2 | | the case where there is no health care professional of record, | 3 | | to 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 | 18 | | physical therapist with written authorization from a health | 19 | | care professional. | 20 | | (e) A physical therapist shall promptly consult and | 21 | | collaborate with the appropriate health care professional | 22 | | anytime a patient's condition indicates that it may be related | 23 | | to temporomandibular disorder so that a diagnosis can be made | 24 | | by that health care professional for an appropriate treatment | 25 | | plan.
| 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 | 5 | | known as intramuscular therapy, means an advanced needling | 6 | | skill or technique limited to the treatment of myofascial | 7 | | pain, using a single use, single insertion, sterile filiform | 8 | | needle (without the use of heat, cold, or any other added | 9 | | modality or medication), that is inserted into the skin or | 10 | | underlying tissues to stimulate trigger points. Dry needling | 11 | | may apply theory based only upon Western medical concepts, | 12 | | requires an examination and diagnosis, and treats specific | 13 | | anatomic entities selected according to physical signs. Dry | 14 | | needling does not include the teaching or application of | 15 | | acupuncture described by the stimulation of auricular points, | 16 | | utilization of distal points or non-local points, needle | 17 | | retention, application of retained electric stimulation leads, | 18 | | or the teaching or application of other acupuncture theory. | 19 | | (b) A physical therapist or physical therapist assistant | 20 | | licensed under this Act may only perform dry needling after | 21 | | completion of requirements, as determined by the Department by | 22 | | rule, that meet or exceed the following: (1) 50 hours of | 23 | | instructional courses that include, but are not limited to, | 24 | | studies in the musculoskeletal and neuromuscular system, the | 25 | | anatomical basis of pain mechanisms, chronic and referred |
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| 1 | | pain, myofascial trigger point theory, and universal | 2 | | precautions; (2) completion of at least 30 hours of didactic | 3 | | course work specific to dry needling; (3) successful | 4 | | completion of at least 54 practicum hours in dry needling | 5 | | course work; (4) completion of at least 200 supervised patient | 6 | | treatment sessions; and (5) successful completion of a | 7 | | competency examination. Dry needling shall only be performed | 8 | | by a licensed physical therapist or licensed physical | 9 | | therapist assistant. A physical therapist licensed under this | 10 | | Act may only perform dry needling under the following | 11 | | conditions 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 | 24 | | the completion of the requirements of this subsection (b) and | 25 | | shall be prepared to produce such records upon request by the | 26 | | Department. |
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| 1 | | (c) (Blank). A newly-licensed physical therapist shall not | 2 | | practice dry needling for at least one year from the date of | 3 | | initial licensure unless the practitioner can demonstrate | 4 | | compliance with subsection (b) through his or her | 5 | | pre-licensure educational coursework. | 6 | | (d) (Blank). Dry needling may only be performed by a | 7 | | licensed physical therapist and may not be delegated to a | 8 | | physical therapist assistant or support personnel. | 9 | | (e) (Blank). A physical therapist shall not advertise, | 10 | | describe to patients or the public, or otherwise represent | 11 | | that dry needling is acupuncture, nor shall he or she | 12 | | represent that he or she practices acupuncture unless | 13 | | separately licensed under the Acupuncture Practice Act.
| 14 | | (Source: P.A. 100-418, eff. 8-25-17.)
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