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    (Section scheduled to be repealed on January 1, 2024)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

Effective Date: 1/1/2022