DAR File No. 38657

Commerce, Occupational and Professional Licensing

Section R156-24b-505

Trigger Point Dry Needling - Education and Experience Required - Registration

Notice of Proposed Rule

(Amendment)

DAR File No.: 38657
Filed: 06/30/2014 09:29:54 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

H.B. 367 was passed during the 2014 General Legislative Session. The Division, in collaboration with the Physical Therapist Licensing Board, was charged with establishing criteria for approving a trigger point dry needling course as described in Subsection 58-24b-505(1)(b), and any additional requirements deemed necessary to practice trigger point dry needling procedures by physical therapists.

Summary of the rule or change:

Subsection R156-24b-505(1) is being added to the rule to establish the criterion for Division approval of a trigger point dry needling course. A course will be approved by the Division that includes the hours and treatment sessions specified in Section 58-24b-505 and receives approval from the Utah Physical Therapy Association, American Physical Therapy Association, or Federation of State Boards of Physical Therapy. Subsection R156-24b-505(2) is added to establish general supervision as the level of supervision required during the 250 supervised trigger point dry needling patient treatment sessions. Subsection R156-24b-505(3) is added to identify requirements for a licensed health care provider to supervise a physical therapist providing 250 trigger point drug needling patient treatment sessions as part of a Division-approved course.

State statutory or constitutional authorization for this rule:

• Subsection 58-1-106(1)(a)
• Section 58-24b-101
• Subsection 58-1-202(1)(a)

Anticipated cost or savings to:

the state budget:

The Division will incur minimal costs of approximately $50 to print and distribute the rule once the proposed amendments are made effective. Any costs incurred will be absorbed in the Division's current budget. As a result of recent legislative changes which allow trigger point dry needling practice by physical therapists, the Division anticipates receiving applications from physical therapists desiring registration to practice this new procedure; however, the Division is unable to quantify an associated potential cost as a result of those new applications being submitted and processed by the Division.

local governments:

The proposed amendments only apply to the segment of licensed physical therapists desiring registration to practice trigger point dry needling procedures and to the licensed health care providers who may supervise the course-related patient treatment sessions. As a result, the proposed amendments do not apply to local governments.

small businesses:

The proposed amendments only apply to licensed physical therapists desiring registration to practice trigger point dry needling procedures and supervising licensed health care providers who may supervise the course-related patient treatment sessions. Licensees and supervisors may work in a small business; however, the proposed amendments would not directly affect the business.

persons other than small businesses, businesses, or local governmental entities:

Individual patients of physical therapists registered to provide trigger point dry needling procedures may benefit from the availability of a treatment modality that was heretofore unavailable to them. The Division is unable to quantify potential costs or cost savings to individual patients resulting from the availability of this treatment modality due to a wide range of circumstances.

Compliance costs for affected persons:

Physical therapists desiring to obtain registration to practice trigger point dry needling procedures will need to enroll in, and successfully complete, a Division-approved course that includes 54 hours of in-person instruction and 250 supervised patient treatment sessions. A course of this rigor will undoubtedly carry a significant tuition cost, through participation is voluntary and will grant an expanded scope of practice not previously available to physical therapists until the recent passage of H.B. 367 (2014). A licensed health care provider providing supervision for the 250 patient treatment sessions may charge a fee for this supervision, to be paid by the enrolled student. In addition, the employment hours of a physical therapist enrolled in such a rigorous course may need to be reduced for the individual to complete the course requirements. The tuition, potentials supervisor fees, and reduction in employment hours could have a significant negative financial impact on a physical therapist who chooses to enroll in a dry needling course. As a result of a wide range of varying circumstances, the Division is unable to quantify these potential costs.

Comments by the department head on the fiscal impact the rule may have on businesses:

This filing responds to Legislative action under H.B. 367 (2014) requiring that rules be implemented to govern education and supervision in respect to dry needling therapy. Any costs to businesses will be incidental to the business's employment of licensed physical therapists, are anticipated to be minimal, and were considered by the Legislature in determining to regulate the practice of dry needling.

Francine A. Giani, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Commerce
Occupational and Professional Licensing
HEBER M WELLS BLDG
160 E 300 S
SALT LAKE CITY, UT 84111-2316

Direct questions regarding this rule to:

• Debra Hobbins at the above address, by phone at 801-530-6789, by FAX at 801-530-6511, or by Internet E-mail at dhobbins@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

08/14/2014

This rule may become effective on:

08/21/2014

Authorized by:

Mark Steinagel, Director

R156. Commerce, Occupational and Professional Licensing.

R156-24b. Physical Therapy Practice Act Rule.

R156-24b-505. Trigger Point Dry Needling - Education and Experience Required - Registration.

(1) A course approved by one of the following organizations meets the standards of Section 58-24b-505 if it includes the hours and treatment sessions specified in Section 58-24b-505:

(a) Utah Physical Therapy Association (UPTA);

(b) American Physical Therapy Association (APTA); or

(c) Federation of State Boards of Physical Therapy (FSBPT).

(2) The level of supervision required during the course established under Section 58-24b-505 is general supervision, as defined in R156-1-102a(4)(c).

(3) General supervision shall be provided by a licensed health care provider who:

(a) has a scope of practice that includes dry needling; and

(b) can demonstrate two years of dry needling practice techniques.

 

KEY: licensing, physical therapy, physical therapist, physical therapist assistant

Date of Enactment or Last Substantive Amendment: [ June 23, ]2014

Notice of Continuation: November 15, 2011

Authorizing, and Implemented or Interpreted Law: 58-24b-101; 58-1-106(1)(a); 58-1-202(1)(a)