Bill Text: FL S0792 | 2020 | Regular Session | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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
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 SB 792 By the Committee on Health Policy; and Senators Albritton and Harrell 588-02403-20 2020792c1 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 requiring the board to establish minimum standards of 7 practice for the performance of dry needling by 8 physical therapists; providing construction; providing 9 an effective date. 10 11 Be It Enacted by the Legislature of the State of Florida: 12 13 Section 1. Subsections (10) and (11) of section 486.021, 14 Florida Statutes, are amended, and subsections (12) and (13) are 15 added to that section, to read: 16 486.021 Definitions.—In this chapter, unless the context 17 otherwise requires, the term: 18 (10) “Physical therapy assessment” means observational, 19 verbal, or manual determinations of the function of the movement 20musculoskeletal or neuromuscularsystem relative to physical 21 therapy, including, but not limited to, range of motion of a 22 joint, motor power, motor control, posturepostural attitudes, 23 biomechanical function, locomotion, or functional abilities, for 24 the purpose of physical therapymaking recommendations for25 treatment. 26 (11) “Practice of physical therapy” means the performance 27 of physical therapy assessments and the treatment of any 28 disability, injury, disease, or other health condition of human 29 beings, or the prevention of such disability, injury, disease, 30 or other health conditionof health, and the rehabilitation of 31 such disability, injury, disease, or other health conditionas32related theretoby alleviating impairments, functional 33 limitations, and disabilities by designing, implementing, and 34 modifying treatment interventions through therapeutic exercise; 35 functional training in self-care and in-home, community, or work 36 integration or reintegration; manual therapy; therapeutic 37 massage; airway clearance techniques; maintaining and restoring 38 the integumentary system and wound care; physical agent or 39 modality; mechanical or electrotherapeutic modality; patient 40 related instructionthe use of the physical, chemical, and other41properties of air; electricity; exercise; massage; the42performance of acupuncture only upon compliance with the43criteria set forth by the Board of Medicine, when no penetration44of the skin occurs; the use of radiant energy, including45ultraviolet, visible, and infrared rays; ultrasound; water; the 46 use of apparatus and equipment in the application of such 47 treatment, prevention, or rehabilitationthe foregoing or48related thereto; the performance of tests of neuromuscular 49 functions as an aid to the diagnosis or treatment of any human 50 condition; or the performance of electromyography as an aid to 51 the diagnosis of any human condition only upon compliance with 52 the criteria set forth by the Board of Medicine. 53 (a) A physical therapist may implement a plan of treatment 54 developed by the physical therapist for a patient or provided 55 for a patient by a practitioner of record or by an advanced 56 practice registered nurse licensed under s. 464.012. The 57 physical therapist shall refer the patient to or consult with a 58 practitioner of record if the patient’s condition is found to be 59 outside the scope of physical therapy. If physical therapy 60 treatment for a patient is required beyond 30 days for a 61 condition not previously assessed by a practitioner of record, 62 the physical therapist shall have a practitioner of record 63 review and sign the plan. The requirement that a physical 64 therapist have a practitioner of record review and sign a plan 65 of treatment does not apply when a patient has been physically 66 examined by a physician licensed in another state, the patient 67 has been diagnosed by the physician as having a condition for 68 which physical therapy is required, and the physical therapist 69 is treating the condition. For purposes of this paragraph, a 70 health care practitioner licensed under chapter 458, chapter 71 459, chapter 460, chapter 461, or chapter 466 and engaged in 72 active practice is eligible to serve as a practitioner of 73 record. 74 (b) The use of roentgen rays and radium for diagnostic and 75 therapeutic purposes and the use of electricity for surgical 76 purposes, including cauterization, are not “physical therapy” 77 for purposes of this chapter. 78 (c) The practice of physical therapy does not authorize a 79 physical therapy practitioner to practice chiropractic medicine 80 as defined in chapter 460, including specific spinal 81 manipulation, or acupuncture as defined in chapter 457. For the 82 performance of specific chiropractic spinal manipulation, a 83 physical therapist shall refer the patient to a health care 84 practitioner licensed under chapter 460. 85 (d) This subsection does not authorize a physical therapist 86 to implement a plan of treatment for a patient currently being 87 treated in a facility licensed pursuant to chapter 395. 88 (12) “Dry needling” means a skilled technique based on 89 western medical concepts using apparatus or equipment of 90 filiform needles to stimulate a myofascial trigger point for the 91 evaluation and management of neuromusculoskeletal conditions, 92 pain, movement impairments, and disabilities. 93 (13) “Myofascial trigger point” means an irritable section 94 of the tissue often associated with palpable taut bands of 95 muscle fibers. 96 Section 2. Section 486.025, Florida Statutes, is amended to 97 read: 98 486.025 Powers and duties of the Board of Physical Therapy 99 Practice.— 100 (1) The board may administer oaths, summon witnesses, take 101 testimony in all matters relating to its duties under this 102 chapter, establish or modify minimum standards of practice of 103 physical therapy as defined in s. 486.021, including, without 104 limitation, standards of practice for the performance of dry 105 needling by physical therapists, and adopt rules pursuant to ss. 106 120.536(1) and 120.54 to implementthe provisions ofthis 107 chapter. The board may also review the standing and reputability 108 of any school or college offering courses in physical therapy 109 and whether the courses of such school or college in physical 110 therapy meet the standards established by the appropriate 111 accrediting agency referred to in s. 486.031(3)(a). In 112 determining the standing and reputability of any such school and 113 whether the school and courses meet such standards, the board 114 may investigate and personally inspect the school and courses 115make personal inspection of the same. 116 (2) The board shall establish minimum standards of practice 117 for the performance of dry needling by physical therapists, to 118 include, at a minimum, all of the following: 119 (a) Completion of 2 years of licensed practice as a 120 physical therapist. 121 (b) Completion of 50 hours of face-to-face continuing 122 education from an entity accredited in accordance with s. 123 486.109 on the topic of dry needling which must include a 124 determination by the physical therapist instructor that the 125 physical therapist demonstrates the requisite psychomotor skills 126 to safely perform dry needling. The continuing education must 127 include instruction on all of the following areas: 128 1. Theory of dry needling. 129 2. Selection and safe handling of needles and other 130 apparatus and equipment used in dry needling, including 131 instruction on the proper handling of biohazardous waste. 132 3. Indications and contraindications for dry needling. 133 4. Psychomotor skills needed to perform dry needling. 134 5. Postintervention care, including adverse responses, 135 adverse event recordkeeping, and any reporting obligations. 136 (c)1. Completion of 25 patient sessions of dry needling 137 performed under the indirect supervision of a physical therapist 138 who holds an active license to practice physical therapy in any 139 state or the District of Columbia and who has actively practiced 140 dry needling for at least 1 year; or 141 2. Completion of 25 patient sessions of dry needling 142 performed as a physical therapist licensed in another state or 143 in the United States Armed Forces. 144 (d) A requirement that dry needling may not be performed 145 without patient consent and must be a part of a patient’s 146 documented plan of care. 147 (e) A requirement that dry needling may not be delegated to 148 any person other than a physical therapist who is authorized to 149 engage in dry needling under this chapter. 150 (3) The performance of dry needling in the practice of 151 physical therapy may not be construed to limit the scope of 152 practice of other licensed health care practitioners not 153 governed by this chapter. 154 Section 3. This act shall take effect July 1, 2020.