Senate Commerce Committee Statement to Senate, No. 867 with committee amendments (June 16, 2021)

Summary

Senate Commerce Committee statement to Senate, No. 867 of the State of New Jersey, dated June 16, 2021, reporting Senate Bill No. 867 favorably and with amendments. As amended, the bill permits a physical therapist to perform dry needling after completing a dry needling continuing education and competency program approved by the New Jersey State Board of Physical Therapy Examiners. Approved programs must include at least 40 hours of academic instruction and a minimum of 40 hours in practical hands-on instruction. The committee amended the bill to require the physical therapist to communicate the diagnosis, the specific dry needling technique and any elevated risk factors to the physician who ordered, prescribed or referred the patient.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Full text

     SENATE COMMERCE COMMITTEE

                    STATEMENT TO

                   SENATE, No. 867
                   with committee amendments



 STATE OF NEW JERSEY
                      DATED: JUNE 16, 2021

    The Senate Commerce Committee reports favorably and with
amendments Senate Bill No. 867.
    As amended, this bill permits a physical therapist to perform dry
needling if the physical therapist has successfully completed a dry
needling continuing education and competency program approved by
the New Jersey State Board of Physical Therapy Examiners, has two
or more years of clinical experience treating patients as a licensed
physical therapist in this State, holds either a doctorate in physical
therapy or a current and unrestricted license to practice physical
therapy in this State that was issued prior to 2003, and has a current
CPR certification issued by the American Red Cross, American Heart
Association, National Safety Council, or any other agency or
organization approved by the board.
    The bill defines “dry needling” as a physical intervention that uses
a dry, filiform needle, without medication or other deliverable, to
penetrate the skin and stimulate underlying muscular tissue,
connective tissues, or myofascial trigger points for the management of
neuromusculoskeletal pain and movement impairments. The bill
provides that “dry needling” does not mean the stimulation of auricular
or distal points or the practice of acupuncture.
    The bill establishes requirements for board-approved dry needling
continuing education and competency programs, which must include
at least 40 hours of academic instruction, attendance in person by a
physical therapist, and the ability to complete the program in no more
than two years. The programs must also include a minimum of 40
hours in practical hands-on instruction, under the direct supervision of
a licensed physical therapist or physician, in the application and
technique of dry needling. The required dry needling instruction must
be taught by a licensed physical therapist who has a minimum of five
years of clinical experience in the performance of dry needling or by a
physician licensed to practice medicine and surgery in this State. A
physical therapist who meets the bill’s requirements and is approved
by the board to offer dry needling must complete 10 credits of
continuing education and competency in dry needling during each
biennial license renewal period, if the therapist chooses to continue
offering dry needling.
                                  2

    The bill provides that dry needling will only be performed by a
physical therapist who meets the requirements of the bill, and the
performance of dry needling may not be delegated to a physical
therapist assistant or student physical therapist. A physical therapist
who meets the requirements to perform dry needling may only utilize
the specific dry needling techniques for which the physical therapist
has completed instruction and demonstrated competency.
    The bill also stipulates that if a patient is ordered, prescribed, or
referred to physical therapy by a New Jersey-licensed physician,
osteopathic physician, or podiatric physician, the physical therapist
licensed in New Jersey to perform dry needling can only perform the
dry needling service on that patient after communicating with the
physician who made the order, prescription, or referral to physical
therapy for that patient. This communication is to address the physical
therapy diagnosis of the patient, the specific dry needling technique
that the physical therapist intends to utilize in the treatment of the
patient, the proposed number, size, and insertion points of the needles,
and any elevated risk factors that the patient may have. The physical
therapist is to make note of this communication in the patient’s record.
Dry needling cannot proceed if the physician, who made the order,
prescription, or referral determines and communicates to the physical
therapist that dry needling is contraindicated or clinically inappropriate
for the patient.
    The bill also requires a physical therapist to obtain written
informed consent from each patient prior to the provision of dry
needling. The patient must receive a copy of the written informed
consent and the physical therapist must retain a copy of the informed
consent in the patient’s record. The informed consent must include, at
a minimum, the following:
    (1) the patient’s signature;
    (2) the risks, benefits, and possible complications of dry needling;
    (3) the treatment alternatives to dry needling;
    (4) the physical therapist’s level of education regarding supervised
hours of training in dry needling;
    (5) the importance of consulting with the patient’s physician
regarding the patient’s condition; and
    (6) a clearly and conspicuously written statement that the patient is
not receiving acupuncture.
    The bill provides that a physical therapist may only use filiform
needles labeled in accordance with the United States Food and Drug
Administration guidelines when performing dry needling and must
perform dry needling in a manner that is consistent with generally
accepted standards of practice, including clean needle techniques, safe
disposal of sharp objects, and the Occupational Safety and Health
Administration’s blood borne pathogens standard.
                                 3

    Under the bill, a physical therapist must maintain documentation in
the patient record of each dry needling session. The documentation
must include the treatment performed, the patient’s response to the
treatment, and any adverse reactions or complications to the treatment.
    Finally, the bill provides that, upon request of the board or a
member of the general public, a physical therapist practicing dry
needling must provide documentation of the education and training
completed by the physical therapist as required by the provisions of
the bill. The failure to provide documentation in response to a request
by the board or a member of the general public will be deemed prima
facie evidence that the physical therapist has not received the required
training and will not be permitted to perform dry needling.

COMMITTEE AMENDMENTS
    The committee amended the bill by adding a requirement that the
physical therapist who is to perform dry needling on a patient
communicate to the physician, osteopathic physician, or podiatric
physician who ordered, prescribed or referred the patient to physical
therapy the following information:
    (1) the physical therapy diagnosis of the patient;
    (2) the specific dry needling technique that the physical therapist
intends to utilize in the treatment of the patient;
    (3) the proposed number, size, and insertion points of the needles;
and
    (4) any elevated risk factors the patient may have.


File and source

File

2021-06-16_SCM_S867_S1.pdf

Size

123,277 bytes

SHA-256

53aca85e7a6f29d283fee28794f035ed95a1e355e2b56314c8d3bda9573eb657

Our copy

2021-06-16_SCM_S867_S1.pdf

Original

No public link identified.