Florida Senate - 2020                       CS for CS for SB 792
       
       
        
       By the Committees on Banking and Insurance; and Health Policy;
       and Senators Albritton and Harrell
       
       
       
       
       597-03514-20                                           2020792c2
    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
   20  musculoskeletal or neuromuscular system relative to physical
   21  therapy, including, but not limited to, range of motion of a
   22  joint, motor power, motor control, posture postural attitudes,
   23  biomechanical function, locomotion, or functional abilities, for
   24  the purpose of physical therapy making recommendations for
   25  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 condition of health, and the rehabilitation of
   31  such disability, injury, disease, or other health condition as
   32  related thereto by alleviating impairments, functional movement
   33  limitations, and disabilities by designing, implementing, and
   34  modifying treatment interventions through therapeutic exercise;
   35  functional movement training in self-management and in-home,
   36  community, or work integration or reintegration; manual therapy;
   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 instruction the use of the physical, chemical, and other
   41  properties of air; electricity; exercise; massage; the
   42  performance of acupuncture only upon compliance with the
   43  criteria set forth by the Board of Medicine, when no penetration
   44  of the skin occurs; the use of radiant energy, including
   45  ultraviolet, visible, and infrared rays; ultrasound; water; the
   46  use of apparatus and equipment in the application of such
   47  treatment, prevention, or rehabilitation the foregoing or
   48  related 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, but not
  104  limited to, 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 implement the provisions of this
  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
  115  make 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.