Bill Text: IL SB0898 | 2017-2018 | 100th General Assembly | Enrolled


Bill Title: Amends the Regulatory Sunset Act. Extends the repeal date of the Acupuncture Practice Act from January 1, 2018 to January 1, 2028. Amends the Acupuncture Practice Act. Provides that all applicants and licensees shall provide a valid address and email address, which shall serve as the address and email address of record, and shall inform the Department of any change of address or email address through specified means. Provides that members of the Board of Acupuncture may not serve more than 2 consecutive full terms (rather than for more than 8 years). Eliminates certain powers and duties of the Board. Eliminates a requirement that the Department of Financial and Professional Regulation seek the input of the Board on certain matters. Removes a provision allowing the Department to require a person seeking to resume active status to complete a period of evaluated clinical experience. Changes references to "registration" to references to "license". Provides that the Department has the authority and power to investigate any and all licensed activity. Removes a requirement that the Department mail a registration renewal form to registrants 60 days before the expiration of the current registration and a notice that a registration has lapsed. Makes changes to provisions concerning certification of the record to a court. Repeals provisions concerning maintaining a roster of licensed and disciplined persons. Makes other changes. Effective immediately.

Spectrum: Slight Partisan Bill (Democrat 9-3)

Status: (Enrolled) 2017-06-29 - Sent to the Governor [SB0898 Detail]

Download: Illinois-2017-SB0898-Enrolled.html



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1 AN ACT concerning regulation.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Illinois Insurance Code is amended by adding
5Section 356z.25 as follows:
6 (215 ILCS 5/356z.25 new)
7 Sec. 356z.25. Dry needling by a physical therapist. A group
8or individual policy of accident and health insurance or a
9qualified health plan offered through the health insurance
10market place is not required to provide coverage for dry
11needling performed by a physical therapist as described in
12Section 1.5 of the Illinois Physical Therapy Act.
13 Section 10. The Illinois Physical Therapy Act is amended by
14changing Section 1 and by adding Section 1.5 as follows:
15 (225 ILCS 90/1) (from Ch. 111, par. 4251)
16 (Section scheduled to be repealed on January 1, 2026)
17 Sec. 1. Definitions. As used in this Act:
18 (1) "Physical therapy" means all of the following:
19 (A) Examining, evaluating, and testing individuals who
20 may have mechanical, physiological, or developmental
21 impairments, functional limitations, disabilities, or

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1 other health and movement-related conditions, classifying
2 these disorders, determining a rehabilitation prognosis
3 and plan of therapeutic intervention, and assessing the
4 on-going effects of the interventions.
5 (B) Alleviating impairments, functional limitations,
6 or disabilities by designing, implementing, and modifying
7 therapeutic interventions that may include, but are not
8 limited to, the evaluation or treatment of a person through
9 the use of the effective properties of physical measures
10 and heat, cold, light, water, radiant energy, electricity,
11 sound, and air and use of therapeutic massage, therapeutic
12 exercise, mobilization, and rehabilitative procedures,
13 with or without assistive devices, for the purposes of
14 preventing, correcting, or alleviating a physical or
15 mental impairment, functional limitation, or disability.
16 (C) Reducing the risk of injury, impairment,
17 functional limitation, or disability, including the
18 promotion and maintenance of fitness, health, and
19 wellness.
20 (D) Engaging in administration, consultation,
21 education, and research.
22 "Physical therapy" includes, but is not limited to: (a)
23performance of specialized tests and measurements, (b)
24administration of specialized treatment procedures, (c)
25interpretation of referrals from physicians, dentists,
26advanced practice nurses, physician assistants, and podiatric

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1physicians, (d) establishment, and modification of physical
2therapy treatment programs, (e) administration of topical
3medication used in generally accepted physical therapy
4procedures when such medication is either prescribed by the
5patient's physician, licensed to practice medicine in all its
6branches, the patient's physician licensed to practice
7podiatric medicine, the patient's advanced practice nurse, the
8patient's physician assistant, or the patient's dentist or used
9following the physician's orders or written instructions, and
10(f) supervision or teaching of physical therapy, and (g) dry
11needling in accordance with Section 1.5. Physical therapy does
12not include radiology, electrosurgery, chiropractic technique
13or determination of a differential diagnosis; provided,
14however, the limitation on determining a differential
15diagnosis shall not in any manner limit a physical therapist
16licensed under this Act from performing an evaluation pursuant
17to such license. Nothing in this Section shall limit a physical
18therapist from employing appropriate physical therapy
19techniques that he or she is educated and licensed to perform.
20A physical therapist shall refer to a licensed physician,
21advanced practice nurse, physician assistant, dentist,
22podiatric physician, other physical therapist, or other health
23care provider any patient whose medical condition should, at
24the time of evaluation or treatment, be determined to be beyond
25the scope of practice of the physical therapist.
26 (2) "Physical therapist" means a person who practices

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1physical therapy and who has met all requirements as provided
2in this Act.
3 (3) "Department" means the Department of Professional
4Regulation.
5 (4) "Director" means the Director of Professional
6Regulation.
7 (5) "Board" means the Physical Therapy Licensing and
8Disciplinary Board approved by the Director.
9 (6) "Referral" means a written or oral authorization for
10physical therapy services for a patient by a physician,
11dentist, advanced practice nurse, physician assistant, or
12podiatric physician who maintains medical supervision of the
13patient and makes a diagnosis or verifies that the patient's
14condition is such that it may be treated by a physical
15therapist.
16 (7) "Documented current and relevant diagnosis" for the
17purpose of this Act means a diagnosis, substantiated by
18signature or oral verification of a physician, dentist,
19advanced practice nurse, physician assistant, or podiatric
20physician, that a patient's condition is such that it may be
21treated by physical therapy as defined in this Act, which
22diagnosis shall remain in effect until changed by the
23physician, dentist, advanced practice nurse, physician
24assistant, or podiatric physician.
25 (8) "State" includes:
26 (a) the states of the United States of America;

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1 (b) the District of Columbia; and
2 (c) the Commonwealth of Puerto Rico.
3 (9) "Physical therapist assistant" means a person licensed
4to assist a physical therapist and who has met all requirements
5as provided in this Act and who works under the supervision of
6a licensed physical therapist to assist in implementing the
7physical therapy treatment program as established by the
8licensed physical therapist. The patient care activities
9provided by the physical therapist assistant shall not include
10the interpretation of referrals, evaluation procedures, or the
11planning or major modification of patient programs.
12 (10) "Physical therapy aide" means a person who has
13received on the job training, specific to the facility in which
14he is employed.
15 (11) "Advanced practice nurse" means a person licensed as
16an advanced practice nurse under the Nurse Practice Act.
17 (12) "Physician assistant" means a person licensed under
18the Physician Assistant Practice Act of 1987.
19(Source: P.A. 98-214, eff. 8-9-13; 99-173, eff. 7-29-15;
2099-229, eff. 8-3-15; 99-642, eff. 7-28-16; revised 10-27-16.)
21 (225 ILCS 90/1.5 new)
22 Sec. 1.5. Dry needling.
23 (a) For the purpose of this Act, "dry needling", also known
24as intramuscular therapy, means an advanced needling skill or
25technique limited to the treatment of myofascial pain, using a

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1single use, single insertion, sterile filiform needle (without
2the use of heat, cold, or any other added modality or
3medication), that is inserted into the skin or underlying
4tissues to stimulate trigger points. Dry needling may apply
5theory based only upon Western medical concepts, requires an
6examination and diagnosis, and treats specific anatomic
7entities selected according to physical signs. Dry needling
8does not include the stimulation of auricular points,
9utilization of distal points or non-local points, needle
10retention, application of retained electric stimulation leads,
11or the teaching or application of other acupuncture theory.
12 (b) A physical therapist licensed under this Act may only
13perform dry needling under the following conditions as
14determined by the Department by rule:
15 (1) Prior to completion of the education under
16 paragraph (2) of this subsection, successful completion of
17 50 hours of instruction in the following areas:
18 (A) the musculoskeletal and neuromuscular system;
19 (B) the anatomical basis of pain mechanisms,
20 chronic pain, and referred pain;
21 (C) myofascial trigger point theory; and
22 (D) universal precautions.
23 (2) Completion of at least 30 hours of didactic course
24 work specific to dry needling.
25 (3) Successful completion of at least 54 practicum
26 hours in dry needling course work approved by the

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1 Federation of State Boards of Physical Therapy or its
2 successor (or substantial equivalent), as determined by
3 the Department. Each instructional course shall specify
4 what anatomical regions are included in the instruction and
5 describe whether the course offers introductory or
6 advanced instruction in dry needling. Each instruction
7 course shall include the following areas:
8 (A) dry needling technique;
9 (B) dry needling indications and
10 contraindications;
11 (C) documentation of dry needling;
12 (D) management of adverse effects;
13 (E) practical psychomotor competency; and
14 (F) the Occupational Safety and Health
15 Administration's Bloodborne Pathogens standard.
16 Postgraduate classes qualifying for completion of the
17 mandated 54 hours of dry needling shall be in one or more
18 modules, with the initial module being no fewer than 27
19 hours, and therapists shall complete at least 54 hours in
20 no more than 12 months.
21 (4) Completion of at least 200 patient treatment
22 sessions under supervision as determined by the Department
23 by rule.
24 (5) Successful completion of a competency examination
25 as approved by the Department.
26 Each licensee is responsible for maintaining records of the

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1completion of the requirements of this subsection (b) and shall
2be prepared to produce such records upon request by the
3Department.
4 (c) A newly-licensed physical therapist shall not practice
5dry needling for at least one year from the date of initial
6licensure unless the practitioner can demonstrate compliance
7with subsection (b) through his or her pre-licensure
8educational coursework.
9 (d) Dry needling may only be performed by a licensed
10physical therapist and may not be delegated to a physical
11therapist assistant or support personnel.
12 (e) A physical therapist shall not advertise, describe to
13patients or the public, or otherwise represent that dry
14needling is acupuncture, nor shall he or she represent that he
15or she practices acupuncture unless separately licensed under
16the Acupuncture Practice Act.
17 Section 99. Effective date. This Act takes effect upon
18becoming law.
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