25 LC 52 0662
House Bill 457
By: Representatives Horner of the 3
rd
, Powell of the 33
rd
, Carpenter of the 4
th
, Ridley of the
22
nd
, and Jasperse of the 11
th
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 28 of Title 43 of the Official Code of Georgia Annotated, relating to
1
occupational therapists, so as to authorize occupational therapists to perform dry needling2
as a physical agent modality if certain training and education requirements are met; to3
provide for definitions; to provide for related matters; to repeal conflicting laws; and for4
other purposes.5
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6
SECTION 1.7
Chapter 28 of Title 43 of the Official Code of Georgia Annotated, relating to occupational8
therapists, is amended in Code Section 43-28-3, relating to definitions, by revising9
paragraph (12) and by adding a new paragraph to read as follows:10
"(1.1) 'Dry needling' means a skilled technique that uses a thin filiform needle to
11
penetrate the skin and stimulate underlying neural, muscular, and connective tissues for12
the management of neuromusculoskeletal conditions, pain, and movement impairments. 13
Such term shall not include the teaching or application of acupuncture."14
"(12) 'Physical agent modalities' means occupational therapy treatment techniques, both15
superficial and deep tissue, which may, but are not required to utilize the following16
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agents: thermal, mechanical, electromagnetic, water, and light, and dry needling for a17
specific therapeutic effect to promote functional outcomes."18
SECTION 2.19
Said chapter is further amended by revising Code Section 43-28-8, relating to license20
requirements for therapy techniques involving physical agent modalities, as follows:21
"43-28-8.22
(a) No person shall utilize occupational therapy techniques involving physical agent23
modalities unless such person:24
(1) Is licensed according to this article; and25
(2) Has successfully completed a minimum of 90 hours of instruction or training26
approved by the board which covers the following subjects:27
(A) Principles of physics related to specific properties of light, water, temperature,28
sound, or electricity, as indicated by selected modality;29
(B) Physiological, neurophysiological, and electrophysiological, as indicated, changes30
which occur as a result of the application of the selected modality;31
(C) The response of normal and abnormal tissue to the application of the modality;32
(D) Indications and contraindications related to the selection and application of the33
modality;34
(E) Guidelines for treatment or administration of the modality within the philosophical35
framework of occupational therapy;36
(F) Appropriate selection and practical application of physical agent modalities,37
including determining treatment parameters based on existing pathology, impairments,38
functional limitations, and expected outcomes;39
(G) Guidelines for educating the patient, including instructing the patient as to the40
process and possible outcomes of treatment, including risks and benefits;41
(H) Safety rules and precautions related to the selected modality;42
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(I) Methods for documenting the effectiveness of immediate and long-term effects of
43
treatment; and44
(J) Characteristics of the equipment, including safe operation, adjustment, and care of45
the equipment.46
(b)(1) No occupational therapist shall perform dry needling unless he or she:
47
(A) Is certified to use physical agent modalities;48
(B) Has a minimum of three years of clinical experience as a licensed occupational49
therapist; provided, however, that the board may, in its discretion, accept a lesser50
amount of clinical experience if the board receives documentation of completion of51
courses specifically in dry needling taken while in attendance at an occupational52
therapy program recognized by the board; and53
(C) Has documented successful completion of coursework in dry needling acceptable54
to the board that includes study of musculoskeletal and neuromuscular systems; the55
anatomical basis of pain mechanisms, chronic pain, and referred pain; myofascial56
trigger point theory; and universal precautions. Such coursework shall also include57
postgraduate instruction in:58
(i) Anatomical review for safety and effectiveness;59
(ii) Indications and contraindications for dry needling;60
(iii) Management of adverse effects; and61
(iv) Evidence based instruction in the theory of dry needling.62
(2) Except for remote study or self-study required as a part of postgraduate coursework63
in dry needling, online instruction shall not be considered appropriate training.64
(3)(A) In order to perform dry needling on a patient's upper extremities, an65
occupational therapist shall have successfully completed a minimum of 28 hours of66
postgraduate instruction, of which a minimum of 22 hours shall have been in-person67
postgraduate instruction in dry needling on upper extremities in a course acceptable to68
the board.69
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(B) In order to perform dry needling on a patient's lower extremities, an occupational70
therapist shall meet the requirements of subparagraph (A) of this paragraph and shall71
have successfully completed a minimum of an additional 40 hours of in-person72
postgraduate instruction in dry needling on lower extremities in a course acceptable to73
the board.74
(4) An occupational therapist shall not perform dry needling unless the patient has signed75
an informed consent, which shall be maintained in the patient's medical record. The76
written informed consent shall clearly state the risks and benefits of dry needling, the77
occupational therapist's level of education and training in dry needling, and any other78
information required by the board.79
(b)(c) The board shall promulgate rules and regulations specifically pertaining to the use80
of physical agent modalities by a person licensed under this article."81
SECTION 3.82
All laws and parts of laws in conflict with this Act are repealed.83
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