The Board proposes a new rule that implements 486.117, F.S., by setting forth minimum standards for the safe and effective performance of dry needling in physical therapy; the rule incorporates an attestation form and an ....

 

DEPARTMENT OF HEALTH

Board of Physical Therapy Practice

RULE NO.:RULE TITLE:

64B17-6.008Minimum Standards of Practice for the Performance of Dry Needling

PURPOSE AND EFFECT: The Board proposes a new rule that implements 486.117, F.S., by setting forth minimum standards for the safe and effective performance of dry needling in physical therapy; the rule incorporates an attestation form and an adverse incident form.

SUMMARY: This rule sets forth the minimum education, practice time, and competence required for a physical therapist to perform dry needling in Florida with a Florida license.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: During discussion of the economic impact of this rule at its Board meeting, the Board concluded that this rule change will not have any impact on licensees and their businesses or the businesses that employ them. The rule will not increase any fees, business costs, personnel costs, will not decrease profit opportunities, and will not require any specialized knowledge to comply. This change will not increase any direct or indirect regulatory costs. Hence, the Board determined that a Statement of Estimated Regulatory Costs (SERC) was not necessary and that the rule will not require ratification by the Legislature. No person or interested party submitted additional information regarding the economic impact at that time.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 486.025, 486.117 FS

LAW IMPLEMENTED: 486.117 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Allen Hall, Executive Director, Board of Physical Therapy Practice, 4052 Bald Cypress Way, Bin #C05, Tallahassee, Florida 32399-3252, or by email at [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

64B17-6.008 Minimum Standards of Practice for the Performance of Dry Needling.

(1) For purposes of this rule only, the words and phrases listed below are defined in the following manner:

(a) “Adverse medical incident” means an event over which the physical therapist could exercise control and which is associated in whole or in part with the performance of dry needling, rather than the condition for which dry needling occurred, and which results in any of the following:

1. A limitation of neurological, pulmonary, vascular, or musculoskeletal function; or

2. Any prolonged and/or emergent condition that required the transfer of the patient to a hospital and/or referral to a physician for treatment of the resulting condition.

(b) “Supervision” means observation by a qualified physical therapist of the patient sessions of dry needling, which observation may be in person or via synchronous telehealth as defined in s. 456.47, F.S.

(2) The minimum standards of practice for the performance of dry needling by a physical therapist include the following:

(a) Completion of two years of practice as a physical therapist licensed in any state or the District of Columbia;

(b) Completion of 50 hours of face-to-face continuing education on the topic of dry needling from an entity accredited in accordance with s. 486.109, F.S.

1. The continuing education must include instruction in the following subject areas:

a. Theory of dry needling;

b. Selection and safe handling of needles and other apparatus or equipment used in dry needling, including instruction on the proper handling of biohazardous waste;

c. Indications and contraindications for dry needling, to include special considerations for dry needling of the head, neck, and torso;

d. Psychomotor skills needed to perform dry needling; and

e. Postintervention care, including adverse responses, adverse event recordkeeping, and any reporting obligations.

2. The continuing education must include a determination by the instructor, who is a licensed physical therapist, that the physical therapist demonstrates the requisite psychomotor skills to safely perform dry needling; and

(c) Completion of 25 patient sessions of dry needling under one of the following circumstances:

1. While licensed as a physical therapist in another state or while serving as a physical therapist in the United States Armed Services; or

2. Under the supervision of a physical therapist who has actively practiced dry needling for at least 1 year and holds an active license to practiced physical therapy in any state or the District of Columbia. Such supervisor must document that the supervised therapist has met the supervision and competency requirements and needs no additional supervised sessions to perform dry needling.

(3) A physical therapist shall not delegate performance of dry needling to a physical therapist assistant, unlicensed personnel, or any other person who is not a licensed physical therapist who is qualified under this rule.

(4) A physical therapist shall not perform dry needling without patient consent documented in the patient’s medical record.

(5) An adverse medical incident that is a direct result of physical therapy treatment involving dry needling shall be reported to the Board within 15 days of the incident using Form DH5053-MQA, Physical Therapy Dry Needling Adverse Medical Incident Report, effective 08/2020, which is hereby incorporated by reference and is available through http://www.flrules.org/Gateway/reference.asp?No=Ref-_____, or www.floridasphysicaltherapy.gov/resources.

(6) Within 60 days of the effective date of this rule, or within 60 days of the intent to perform dry needling in the state of Florida, the licensed and qualified physical therapist shall submit to the Board Form DH5057-MQA, Physical Therapist Dry Needling Attestation, effective 08/2020, which is hereby incorporated by reference and is available through http://www.flrules.org/Gateway/reference.asp?No=Ref-_____, or www.floridasphysicaltherapy.gov/resources.

Rulemaking Authority 486.025, 486.117 FS. Law Implemented  486.117 FS. History–New ____________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Board of Physical Therapy Practice

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Board of Physical Therapy Practice

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 28, 2020

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: July 30, 2020