Bill Text: FL S0792 | 2020 | Regular Session | Comm Sub
Bill Title: Physical Therapy Practice
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2020-03-09 - Laid on Table, refer to CS/HB 467 [S0792 Detail]
Download: Florida-2020-S0792-Comm_Sub.html
Florida Senate - 2020 CS for CS for CS for SB 792 By the Committees on Rules; Banking and Insurance; and Health Policy; and Senators Albritton and Harrell 595-04466-20 2020792c3 1 A bill to be entitled 2 An act relating to physical therapy practice; amending 3 s. 486.021, F.S.; revising and defining terms; 4 amending s. 486.025, F.S.; revising the powers and 5 duties of the Board of Physical Therapy Practice; 6 creating s. 486.117, F.S.; requiring the board to 7 establish minimum standards of practice for the 8 performance of dry needling by physical therapists; 9 requiring the Department of Health to submit a report 10 detailing certain information to the Legislature on or 11 before a specified date; providing construction; 12 providing an effective date. 13 14 Be It Enacted by the Legislature of the State of Florida: 15 16 Section 1. Subsections (10) and (11) of section 486.021, 17 Florida Statutes, are amended, and subsections (12) and (13) are 18 added to that section, to read: 19 486.021 Definitions.—In this chapter, unless the context 20 otherwise requires, the term: 21 (10) “Physical therapy assessment” means observational, 22 verbal, or manual determinations of the function of the movement 23musculoskeletal or neuromuscularsystem relative to physical 24 therapy, including, but not limited to, range of motion of a 25 joint, motor power, motor control, posturepostural attitudes, 26 biomechanical function, locomotion, or functional abilities, for 27 the purpose of physical therapymaking recommendations for28 treatment. 29 (11) “Practice of physical therapy” means the performance 30 of physical therapy assessments and the treatment of any 31 disability, injury, disease, or other health condition of human 32 beings, or the prevention of such disability, injury, disease, 33 or other health conditionof health, and the rehabilitation of 34 such disability, injury, disease, or other health conditionas35related theretoby alleviating impairments, functional movement 36 limitations, and disabilities by designing, implementing, and 37 modifying treatment interventions through therapeutic exercise; 38 functional movement training in self-management and in-home, 39 community, or work integration or reintegration; manual therapy; 40 massage; airway clearance techniques; maintaining and restoring 41 the integumentary system and wound care; physical agent or 42 modality; mechanical or electrotherapeutic modality; patient 43 related instructionthe use of the physical, chemical, and other44properties of air; electricity; exercise; massage; the45performance of acupuncture only upon compliance with the46criteria set forth by the Board of Medicine, when no penetration47of the skin occurs; the use of radiant energy, including48ultraviolet, visible, and infrared rays; ultrasound; water; the 49 use of apparatus and equipment in the application of such 50 treatment, prevention, or rehabilitationthe foregoing or51related thereto; the performance of tests of neuromuscular 52 functions as an aid to the diagnosis or treatment of any human 53 condition; or the performance of electromyography as an aid to 54 the diagnosis of any human condition only upon compliance with 55 the criteria set forth by the Board of Medicine. 56 (a) A physical therapist may implement a plan of treatment 57 developed by the physical therapist for a patient or provided 58 for a patient by a practitioner of record or by an advanced 59 practice registered nurse licensed under s. 464.012. The 60 physical therapist shall refer the patient to or consult with a 61 practitioner of record if the patient’s condition is found to be 62 outside the scope of physical therapy. If physical therapy 63 treatment for a patient is required beyond 30 days for a 64 condition not previously assessed by a practitioner of record, 65 the physical therapist shall have a practitioner of record 66 review and sign the plan. The requirement that a physical 67 therapist have a practitioner of record review and sign a plan 68 of treatment does not apply when a patient has been physically 69 examined by a physician licensed in another state, the patient 70 has been diagnosed by the physician as having a condition for 71 which physical therapy is required, and the physical therapist 72 is treating the condition. For purposes of this paragraph, a 73 health care practitioner licensed under chapter 458, chapter 74 459, chapter 460, chapter 461, or chapter 466 and engaged in 75 active practice is eligible to serve as a practitioner of 76 record. 77 (b) The use of roentgen rays and radium for diagnostic and 78 therapeutic purposes and the use of electricity for surgical 79 purposes, including cauterization, are not “physical therapy” 80 for purposes of this chapter. 81 (c) The practice of physical therapy does not authorize a 82 physical therapy practitioner to practice chiropractic medicine 83 as defined in chapter 460, including specific spinal 84 manipulation, or acupuncture as defined in chapter 457. For the 85 performance of specific chiropractic spinal manipulation, a 86 physical therapist shall refer the patient to a health care 87 practitioner licensed under chapter 460. 88 (d) This subsection does not authorize a physical therapist 89 to implement a plan of treatment for a patient currently being 90 treated in a facility licensed pursuant to chapter 395. 91 (12) “Dry needling” means a skilled technique based on 92 western medical concepts using apparatus or equipment of 93 filiform needles to stimulate a myofascial trigger point for the 94 evaluation and management of neuromusculoskeletal conditions, 95 pain, movement impairments, and disabilities. 96 (13) “Myofascial trigger point” means an irritable section 97 of the tissue often associated with palpable taut bands of 98 muscle fibers. 99 Section 2. Section 486.025, Florida Statutes, is amended to 100 read: 101 486.025 Powers and duties of the Board of Physical Therapy 102 Practice.—The board may administer oaths, summon witnesses, take 103 testimony in all matters relating to its duties under this 104 chapter, establish or modify minimum standards of practice of 105 physical therapy as defined in s. 486.021, including, but not 106 limited to, standards of practice for the performance of dry 107 needling by physical therapists, and adopt rules pursuant to ss. 108 120.536(1) and 120.54 to implementthe provisions ofthis 109 chapter. The board may also review the standing and reputability 110 of any school or college offering courses in physical therapy 111 and whether the courses of such school or college in physical 112 therapy meet the standards established by the appropriate 113 accrediting agency referred to in s. 486.031(3)(a). In 114 determining the standing and reputability of any such school and 115 whether the school and courses meet such standards, the board 116 may investigate and personally inspect the school and courses 117make personal inspection of the same. 118 Section 3. Section 486.117, Florida Statutes, is created to 119 read: 120 486.117 Physical therapists; performance of dry needling.— 121 (1) The board shall establish minimum standards of practice 122 for the performance of dry needling by physical therapists, to 123 include, at a minimum, all of the following: 124 (a) Completion of 2 years of licensed practice as a 125 physical therapist. 126 (b) Completion of 50 hours of face-to-face continuing 127 education from an entity accredited in accordance with s. 128 486.109 on the topic of dry needling which must include a 129 determination by the physical therapist instructor that the 130 physical therapist demonstrates the requisite psychomotor skills 131 to safely perform dry needling. The continuing education must 132 include instruction on all of the following areas: 133 1. Theory of dry needling. 134 2. Selection and safe handling of needles and other 135 apparatus and equipment used in dry needling, including 136 instruction on the proper handling of biohazardous waste. 137 3. Indications and contraindications for dry needling. 138 4. Psychomotor skills needed to perform dry needling. 139 5. Postintervention care, including adverse responses, 140 adverse event recordkeeping, and any reporting obligations. 141 (c)1. Completion of at least 25 patient sessions of dry 142 needling performed under the supervision of a physical therapist 143 who holds an active license to practice physical therapy in any 144 state or the District of Columbia, who has actively practiced 145 dry needling for at least 1 year, and who will document that the 146 physical therapist has met the supervision and competency 147 requirements and needs no additional supervised sessions to 148 perform dry needling; or 149 2. Completion of 25 patient sessions of dry needling 150 performed as a physical therapist licensed in another state or 151 in the United States Armed Forces. 152 (d) A requirement that dry needling may not be performed 153 without patient consent and must be a part of a patient’s 154 documented plan of care. 155 (e) A requirement that dry needling may not be delegated to 156 any person other than a physical therapist who is authorized to 157 engage in dry needling under this chapter. 158 (2) The board shall require additional supervision and 159 training before a physical therapist’s performance of dry 160 needling of the head and neck or torso if the board deems it 161 necessary for patient safety. 162 (3) The department shall, within existing resources, submit 163 a report to the President of the Senate and the Speaker of the 164 House of Representatives on or before December 31, 2022, 165 detailing the number of physical therapists in this state, the 166 number of physical therapists in this state performing dry 167 needling, increases or decreases in the number of physical 168 therapists in this state by geographic area, and any adverse 169 medical incidents as defined in s. 381.028 involving physical 170 therapists performing dry needling. 171 (4) The performance of dry needling in the practice of 172 physical therapy may not be construed to limit the scope of 173 practice of other licensed health care practitioners not 174 governed by this chapter. 175 Section 4. This act shall take effect July 1, 2020.