Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S1355 Compare Versions

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22 SENATE DOCKET, NO. 623 FILED ON: 1/17/2023
33 SENATE . . . . . . . . . . . . . . No. 1355
44 The Commonwealth of Massachusetts
55 _________________
66 PRESENTED BY:
77 Julian Cyr
88 _________________
99 To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
1010 Court assembled:
1111 The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
1212 An Act relative to safer treatment for pain.
1313 _______________
1414 PETITION OF:
1515 NAME:DISTRICT/ADDRESS :Julian CyrCape and Islands 1 of 3
1616 SENATE DOCKET, NO. 623 FILED ON: 1/17/2023
1717 SENATE . . . . . . . . . . . . . . No. 1355
1818 By Mr. Cyr, a petition (accompanied by bill, Senate, No. 1355) of Julian Cyr for legislation
1919 relative to safer treatment for pain. Public Health.
2020 [SIMILAR MATTER FILED IN PREVIOUS SESSION
2121 SEE SENATE, NO. 1402 OF 2021-2022.]
2222 The Commonwealth of Massachusetts
2323 _______________
2424 In the One Hundred and Ninety-Third General Court
2525 (2023-2024)
2626 _______________
2727 An Act relative to safer treatment for pain.
2828 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
2929 of the same, as follows:
3030 1 SECTION 1. Section 148 of chapter 112 of the General Laws, as appearing in the 2020
3131 2Official Edition, is hereby amended by adding the following definition:-
3232 3 “Dry needling”; “trigger point acupuncture”; or “intramuscular therapy”, an advanced
3333 4needling skill or technique limited to the treatment of myofascial pain, using a single use, single
3434 5insertion, sterile filiform needle (without the use of heat, cold or any other added modality or
3535 6medication), that is inserted into the skin or underlying tissues to stimulate trigger points. Dry
3636 7needling may apply theory based only upon Western medical concepts, requires an examination
3737 8and diagnosis and treats specific anatomic entities selected according to physical signs. Trigger
3838 9point acupuncture or dry needling does not include the stimulation of auricular points, utilization 2 of 3
3939 10of distal points or non-local points, needle retention, application of retained electric stimulation
4040 11leads or the teaching or application of other acupuncture theory.
4141 12 SECTION 2. Said chapter 112, as so appearing, is hereby further amended by inserting
4242 13after section 152 the following section:-
4343 14 Section 152A. (a) Licensed health care professionals practicing dry needling, trigger
4444 15point acupuncture, or intramuscular therapy shall meet the following criteria:
4545 16 (i) At least 2 years of post-graduate, professional experience in private practice treating
4646 17patients in an orthopedic setting;
4747 18 (ii) Completion of 500 didactic hours and 150 clinical hours of training in the practice of
4848 19dry needling, trigger point acupuncture, or intramuscular therapy;
4949 20 (iii) Completion of a proper in-person educational program provided by qualified
5050 21instructors as determined by the Department of Public Health;
5151 22 (iv) Demonstration of minimal competency through a psychometrically sound, third party
5252 23examination not administered by the required training course or educational program;
5353 24 (v) In possession of an advanced orthopedic clinical certification;
5454 25 (vi) Passage of The Clean Needle Technique (CNT) class and exam taught by the Council
5555 26of Colleges of Acupuncture and Oriental Medicine (CCAOM);
5656 27 (vii) Completion of any continuing education required for the practice of dry needling,
5757 28trigger point acupuncture or intramuscular therapy; 3 of 3
5858 29 (viii) Must be able to provide proof of all of the educational, training, and practical
5959 30experience required by this section upon request of the Department of Public Health.
6060 31 (b) Any treatment defined as dry needling, trigger point acupuncture, or intramuscular
6161 32therapy shall be charted appropriately in the medical record by the practicing licensed health care
6262 33professional.
6363 34 (c) Any significant and adverse events, requiring follow up medical attention, as a result
6464 35of the practice of dry needling, trigger point acupuncture, or intramuscular therapy shall be
6565 36reported and documented with the Department of Public Health.
6666 37 (d) Specific and appropriate written consent for treatment by the practice of dry needling,
6767 38trigger point acupuncture, or intramuscular therapy shall be obtained by the licensed health care
6868 39professional from the patient.
6969 40 (e) Any licensed health care professional practicing dry needling, trigger point
7070 41acupuncture, or intramuscular therapy shall maintain a malpractice insurance policy that
7171 42specifies coverage for dry needling, trigger point acupuncture, or intramuscular therapy.
7272 43 (f) The Department of Public Health shall promulgate a standard set of competencies
7373 44including the knowledge, skills, and abilities needed for the safe and competent practice of
7474 45trigger point acupuncture, dry needling, and intramuscular therapy as well as any further rules
7575 46and regulations necessary for the implementation of this section.