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2 | 2 | | SENATE DOCKET, NO. 623 FILED ON: 1/17/2023 |
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3 | 3 | | SENATE . . . . . . . . . . . . . . No. 1355 |
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4 | 4 | | The Commonwealth of Massachusetts |
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5 | 5 | | _________________ |
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6 | 6 | | PRESENTED BY: |
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7 | 7 | | Julian Cyr |
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8 | 8 | | _________________ |
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9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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10 | 10 | | Court assembled: |
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11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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12 | 12 | | An Act relative to safer treatment for pain. |
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13 | 13 | | _______________ |
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14 | 14 | | PETITION OF: |
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15 | 15 | | NAME:DISTRICT/ADDRESS :Julian CyrCape and Islands 1 of 3 |
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16 | 16 | | SENATE DOCKET, NO. 623 FILED ON: 1/17/2023 |
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17 | 17 | | SENATE . . . . . . . . . . . . . . No. 1355 |
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18 | 18 | | By Mr. Cyr, a petition (accompanied by bill, Senate, No. 1355) of Julian Cyr for legislation |
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19 | 19 | | relative to safer treatment for pain. Public Health. |
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20 | 20 | | [SIMILAR MATTER FILED IN PREVIOUS SESSION |
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21 | 21 | | SEE SENATE, NO. 1402 OF 2021-2022.] |
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22 | 22 | | The Commonwealth of Massachusetts |
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23 | 23 | | _______________ |
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24 | 24 | | In the One Hundred and Ninety-Third General Court |
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25 | 25 | | (2023-2024) |
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26 | 26 | | _______________ |
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27 | 27 | | An Act relative to safer treatment for pain. |
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28 | 28 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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29 | 29 | | of the same, as follows: |
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30 | 30 | | 1 SECTION 1. Section 148 of chapter 112 of the General Laws, as appearing in the 2020 |
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31 | 31 | | 2Official Edition, is hereby amended by adding the following definition:- |
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32 | 32 | | 3 “Dry needling”; “trigger point acupuncture”; or “intramuscular therapy”, an advanced |
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33 | 33 | | 4needling skill or technique limited to the treatment of myofascial pain, using a single use, single |
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34 | 34 | | 5insertion, sterile filiform needle (without the use of heat, cold or any other added modality or |
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35 | 35 | | 6medication), that is inserted into the skin or underlying tissues to stimulate trigger points. Dry |
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36 | 36 | | 7needling may apply theory based only upon Western medical concepts, requires an examination |
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37 | 37 | | 8and diagnosis and treats specific anatomic entities selected according to physical signs. Trigger |
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38 | 38 | | 9point acupuncture or dry needling does not include the stimulation of auricular points, utilization 2 of 3 |
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39 | 39 | | 10of distal points or non-local points, needle retention, application of retained electric stimulation |
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40 | 40 | | 11leads or the teaching or application of other acupuncture theory. |
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41 | 41 | | 12 SECTION 2. Said chapter 112, as so appearing, is hereby further amended by inserting |
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42 | 42 | | 13after section 152 the following section:- |
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43 | 43 | | 14 Section 152A. (a) Licensed health care professionals practicing dry needling, trigger |
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44 | 44 | | 15point acupuncture, or intramuscular therapy shall meet the following criteria: |
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45 | 45 | | 16 (i) At least 2 years of post-graduate, professional experience in private practice treating |
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46 | 46 | | 17patients in an orthopedic setting; |
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47 | 47 | | 18 (ii) Completion of 500 didactic hours and 150 clinical hours of training in the practice of |
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48 | 48 | | 19dry needling, trigger point acupuncture, or intramuscular therapy; |
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49 | 49 | | 20 (iii) Completion of a proper in-person educational program provided by qualified |
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50 | 50 | | 21instructors as determined by the Department of Public Health; |
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51 | 51 | | 22 (iv) Demonstration of minimal competency through a psychometrically sound, third party |
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52 | 52 | | 23examination not administered by the required training course or educational program; |
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53 | 53 | | 24 (v) In possession of an advanced orthopedic clinical certification; |
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54 | 54 | | 25 (vi) Passage of The Clean Needle Technique (CNT) class and exam taught by the Council |
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55 | 55 | | 26of Colleges of Acupuncture and Oriental Medicine (CCAOM); |
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56 | 56 | | 27 (vii) Completion of any continuing education required for the practice of dry needling, |
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57 | 57 | | 28trigger point acupuncture or intramuscular therapy; 3 of 3 |
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58 | 58 | | 29 (viii) Must be able to provide proof of all of the educational, training, and practical |
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59 | 59 | | 30experience required by this section upon request of the Department of Public Health. |
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60 | 60 | | 31 (b) Any treatment defined as dry needling, trigger point acupuncture, or intramuscular |
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61 | 61 | | 32therapy shall be charted appropriately in the medical record by the practicing licensed health care |
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62 | 62 | | 33professional. |
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63 | 63 | | 34 (c) Any significant and adverse events, requiring follow up medical attention, as a result |
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64 | 64 | | 35of the practice of dry needling, trigger point acupuncture, or intramuscular therapy shall be |
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65 | 65 | | 36reported and documented with the Department of Public Health. |
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66 | 66 | | 37 (d) Specific and appropriate written consent for treatment by the practice of dry needling, |
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67 | 67 | | 38trigger point acupuncture, or intramuscular therapy shall be obtained by the licensed health care |
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68 | 68 | | 39professional from the patient. |
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69 | 69 | | 40 (e) Any licensed health care professional practicing dry needling, trigger point |
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70 | 70 | | 41acupuncture, or intramuscular therapy shall maintain a malpractice insurance policy that |
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71 | 71 | | 42specifies coverage for dry needling, trigger point acupuncture, or intramuscular therapy. |
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72 | 72 | | 43 (f) The Department of Public Health shall promulgate a standard set of competencies |
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73 | 73 | | 44including the knowledge, skills, and abilities needed for the safe and competent practice of |
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74 | 74 | | 45trigger point acupuncture, dry needling, and intramuscular therapy as well as any further rules |
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75 | 75 | | 46and regulations necessary for the implementation of this section. |
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