01-13 16:44 H.B. 188
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Dry Needling Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Paul A. Cutler
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LONG TITLE
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General Description:
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This bill provides requirements for dry needling by a physical therapist or an occupational
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therapist.
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Highlighted Provisions:
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This bill:
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▸ moves the registration requirement for a physical therapist using dry needling from an
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exception to unlawful and unprofessional conduct to a requirement for licensing;
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▸ expands the definition of both physical therapy and occupational therapy to include dry
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needling;
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▸ clarifies that no referral is needed for physical therapy or occupational therapy;
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▸ creates a registration requirement for an occupational therapist to engage in dry needling;
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▸ removes the restriction prohibiting occupational therapists from engaging in the practice
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of mental health therapy; and
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▸ makes technical changes.
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Money Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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AMENDS:
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58-24b-102, as last amended by Laws of Utah 2024, Chapter 507
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58-42a-102, as last amended by Laws of Utah 2024, Chapter 507
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58-42a-301, as enacted by Laws of Utah 1994, Chapter 240
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ENACTS:
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58-24b-306, Utah Code Annotated 1953
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58-24b-307, Utah Code Annotated 1953
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58-42a-307, Utah Code Annotated 1953
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58-42a-308, Utah Code Annotated 1953 H.B. 188 01-13 16:44
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REPEALS:
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58-24b-505, as enacted by Laws of Utah 2014, Chapter 354
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Be it enacted by the Legislature of the state of Utah:
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Section 1. Section 58-24b-102 is amended to read:
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58-24b-102 . Definitions.
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As used in this chapter:
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(1) "Animal physical therapy" means practicing physical therapy or physiotherapy on an
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animal.
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(2) "Board" means the Physical Therapies Licensing Board, created in Section 58-24b-201.
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(3) "Consultation by telecommunication" means the provision of expert or professional
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advice by a physical therapist who is licensed outside of Utah to a licensed physical
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therapist or a health care provider by telecommunication or electronic communication.
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(4) "General supervision" means supervision and oversight of [a person] an individual by a
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licensed physical therapist when the licensed physical therapist is immediately available
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in person, by telephone, or by electronic communication to assist the [person] individual.
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(5) "Licensed physical therapist" means [a person] an individual licensed under this chapter
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to engage in the practice of physical therapy.
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(6) "Licensed physical therapist assistant" means [a person] an individual licensed under this
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chapter to engage in the practice of physical therapy, subject to the provisions of
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Subsection 58-24b-401(2)(a).
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(7) "Licensing examination" means a nationally recognized physical therapy examination
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that is approved by the division, in consultation with the board.
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(8) "On-site supervision" means supervision and oversight of [a person] an individual by a
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licensed physical therapist or a licensed physical therapist assistant when the licensed
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physical therapist or licensed physical therapist assistant is:
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(a) continuously present at the facility where the [person] individual is providing services;
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(b) immediately available to assist the [person] individual; and
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(c) regularly involved in the services being provided by the [person] individual.
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(9) "Physical impairment" means:
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(a) a mechanical impairment;
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(b) a physiological impairment;
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(c) a developmental impairment;
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(d) a functional limitation;
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(e) a disability;
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(f) a mobility impairment; or
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(g) a bodily malfunction.
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(10)(a) "Physical therapy" or "physiotherapy" means:
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(i) examining, evaluating, and testing an individual who has a physical impairment or
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injury;
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(ii) identifying or labeling a physical impairment or injury;
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(iii) formulating a therapeutic intervention plan for the treatment of a physical
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impairment, injury, or pain;
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(iv) assessing the ongoing effects of therapeutic intervention for the treatment of a
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physical impairment or injury;
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(v) treating or alleviating a physical impairment by designing, modifying, or
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implementing a therapeutic intervention;
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(vi) reducing the risk of an injury or physical impairment;
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(vii) providing instruction on the use of physical measures, activities, or devices for
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preventative and therapeutic purposes;
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(viii) promoting and maintaining health and fitness;
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(ix) the administration of a prescription drug pursuant to Section 58-24b-403;
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(x) subject to Subsection 58-28-307(12)(b), engaging in the functions described in
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Subsections (10)(a)(i) through (ix) in relation to an animal, in accordance with the
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requirements of Section 58-24b-405; [and]
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(xi) engaging in administration, consultation, education, and research relating to the
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practices described in this Subsection (10)(a)[.] ; or
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(xii) applying dry needling to enhance an individual's physical performance if the
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physical therapy practitioner has received the necessary training as determined by
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division rule in collaboration with the board.
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(b) "Physical therapy" or "physiotherapy" does not include:
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(i) diagnosing disease;
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(ii) performing surgery;
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(iii) performing acupuncture;
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(iv) taking x-rays; or
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(v) prescribing or dispensing a drug, as defined in Section 58-37-2.
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(11) "Physical therapy aide" means [a person] an individual who:
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(a) is trained, on-the-job, by a licensed physical therapist; and
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(b) provides routine assistance to a licensed physical therapist or licensed physical
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therapist assistant, while the licensed physical therapist or licensed physical therapist
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assistant practices physical therapy, within the scope of the licensed physical
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therapist's or licensed physical therapist assistant's license.
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(12) "Recognized accreditation agency" means an accreditation agency that:
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(a) grants accreditation, nationally, in the United States of America; and
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(b) is approved by the division, in consultation with the board.
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(13)(a) "Testing" means a standard method or technique used to gather data regarding a
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patient that is generally and nationally accepted by physical therapists for the practice
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of physical therapy.
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(b) "Testing" includes measurement or evaluation of:
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(i) muscle strength, force, endurance, or tone;
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(ii) cardiovascular fitness;
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(iii) physical work capacity;
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(iv) joint motion, mobility, or stability;
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(v) reflexes or autonomic reactions;
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(vi) movement skill or accuracy;
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(vii) sensation;
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(viii) perception;
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(ix) peripheral nerve integrity;
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(x) locomotor skills, stability, and endurance;
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(xi) the fit, function, and comfort of prosthetic, orthotic, or other assistive devices;
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(xii) posture;
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(xiii) body mechanics;
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(xiv) limb length, circumference, and volume;
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(xv) thoracic excursion and breathing patterns;
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(xvi) activities of daily living related to physical movement and mobility;
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(xvii) functioning in the physical environment at home or work, as it relates to
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physical movement and mobility; and
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(xviii) neural muscular responses.
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(14)(a) "Trigger point dry needling" means the stimulation of a trigger point using a dry
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needle to treat neuromuscular pain and functional movement deficits.
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(b) "Trigger point dry needling" does not include the stimulation of auricular or distal
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points.
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(15) "Therapeutic intervention" includes:
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(a) therapeutic exercise, with or without the use of a device;
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(b) functional training in self-care, as it relates to physical movement and mobility;
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(c) community or work integration, as it relates to physical movement and mobility;
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(d) manual therapy, including:
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(i) soft tissue mobilization;
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(ii) therapeutic massage; or
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(iii) joint mobilization, as defined by the division, by rule;
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(e) prescribing, applying, or fabricating an assistive, adaptive, orthotic, prosthetic,
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protective, or supportive device;
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(f) airway clearance techniques, including postural drainage;
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(g) integumentary protection and repair techniques;
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(h) wound debridement, cleansing, and dressing;
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(i) the application of a physical agent, including:
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(i) light;
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(ii) heat;
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(iii) cold;
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(iv) water;
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(v) air;
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(vi) sound;
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(vii) compression;
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(viii) electricity; and
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(ix) electromagnetic radiation;
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(j) mechanical or electrotherapeutic modalities;
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(k) positioning;
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(l) instructing or training a patient in locomotion or other functional activities, with or
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without an assistive device;
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(m) manual or mechanical traction;
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(n) correction of posture, body mechanics, or gait; and
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(o) trigger point dry needling, under the conditions described in Section 58-24b-505.
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Section 2. Section 58-24b-306 is enacted to read:
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58-24b-306 . Trigger point dry needling -- Experience required -- Registration.
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(1) A physical therapist may practice trigger point dry needling if the physical therapist:
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(a) has held a license to practice physical therapy under this chapter, and has actively
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practiced physical therapy, for two years;
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(b) has successfully completed a course in trigger point dry needling that is:
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(i) approved by the division; and
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(ii) at least 304 total course hours, including at a minimum of:
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(A) 54 hours of in-person instruction; and
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(B) 250 supervised patient treatment sessions;
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(c) files a certificate of completion of the course described in Subsection (1)(b) with the
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division;
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(d) registers with the division as a trigger point dry needling practitioner; and
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(e) meets any other requirement to practice trigger point dry needling established by the
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division.
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(2) The division shall make rules, in accordance with Title 63G, Chapter 3, Utah
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Administrative Rulemaking Act, that establish:
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(a) the criteria for approving a course described in Subsection (1)(b); and
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(b) the requirements described in Subsection (1)(e).
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(3) The division may charge, in accordance with Section 63J-1-504, a fee for the
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registration described in Subsection (1)(d).
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Section 3. Section 58-24b-307 is enacted to read:
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58-24b-307 . No referral required for physical therapy.
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A physical therapist may evaluate, initiate, and provide physical therapy treatment for a
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client without a referral from another health service provider.
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Section 4. Section 58-42a-102 is amended to read:
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58-42a-102 . Definitions.
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[In addition to the definitions in Section 58-1-102, as] As used in this chapter:
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(1) "Board" means the Physical Therapies Licensing Board created in Section 58-24b-201.
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(2)(a) "Individual treatment plan" means a written record composed for each client by [
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a person] the individual licensed under this chapter to engage in the practice of
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occupational therapy.
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(b) "Individual treatment plan" includes:
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(i) planning and directing specific exercises and programs to improve sensory
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integration and motor functioning at the level of performance neurologically
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appropriate for the individual's stage of development;
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(ii) establishing a program of instruction to teach a client skills, behaviors, and
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attitudes necessary for the client's independent productive, emotional, and social
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functioning;
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(iii) analyzing, selecting, and adapting functional exercises to achieve and maintain
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the client's optimal functioning in activities of daily living and to prevent further
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disability; and
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(iv) planning and directing specific programs to evaluate and enhance perceptual,
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motor, and cognitive skills.
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(3) "Occupational therapist" means [a person] an individual licensed under this chapter to
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practice occupational therapy.
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(4) "Occupational therapy aide" means [a person] an individual who is not licensed under
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this chapter but who provides supportive services under the supervision of an
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occupational therapist or occupational therapy assistant.
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(5) "Occupational therapy assistant" means [a person] an individual licensed under this
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chapter to practice occupational therapy under the supervision of an occupational
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therapist as described in Sections 58-42a-305 and 58-42a-306.
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(6)(a) "Practice of occupational therapy" means the therapeutic use of everyday life
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activities with an individual:
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(i) that has or is at risk of developing an illness, injury, disease, disorder, condition,
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impairment, disability, activity limitation, or participation restriction; and
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(ii) to develop or restore the individual's ability to engage in everyday life activities
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by addressing physical, cognitive, mental health, psychosocial, sensory, or other
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aspects of the individual's performance.
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(b) "Practice of occupational therapy" includes:
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(i) establishing, remediating, or restoring an undeveloped or impaired skill or ability
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of an individual;
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(ii) modifying or adapting an activity or environment to enhance an individual's
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performance;
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(iii) maintaining and improving an individual's capabilities to avoid declining
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performance in everyday life activities;
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(iv) promoting health and wellness to develop or improve an individual's
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performance in everyday life activities;
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(v) performance-barrier prevention for an individual, including disability prevention;
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(vi) evaluating factors that affect an individual's activities of daily living in
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educational, work, play, leisure, and social situations, including:
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(A) body functions and structures;
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(B) habits, routines, roles, and behavioral patterns;
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(C) cultural, physical, environmental, social, virtual, and spiritual contexts and
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activity demands that affect performance; and
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(D) motor, process, communication, interaction, and other performance skills;
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(vii) providing interventions and procedures to promote or enhance an individual's
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safety and performance in activities of daily living in educational, work, and
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social situations, including:
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(A) the therapeutic use of occupations and exercises;
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(B) training in self-care, self-management, home-management, and community
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and work reintegration;
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(C) the development, remediation, or compensation of behavioral skills and
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physical, cognitive, neuromuscular, and sensory functions;
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(D) the education and training of an individual's family members and caregivers;
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(E) care coordination, case management, and transition services;
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(F) providing consulting services to groups, programs, organizations, or
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communities,
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(G) modifying the environment and adapting processes, including the application
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of ergonomic principles;
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(H) assessing, designing, fabricating, applying, fitting, and providing training in
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assistive technology, adaptive devices, orthotic devices, and prosthetic devices;
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(I) assessing, recommending, and training an individual in techniques to enhance
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functional mobility, including wheelchair management;
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(J) driver rehabilitation and community mobility;
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(K) enhancing eating and feeding performance; [and]
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(L) applying physical agent modalities, managing wound care, dry needling, and
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using manual therapy techniques to enhance an individual's performance skills,
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if the occupational therapist has received the necessary training as determined
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by division rule in collaboration with the board[.] ; or
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(M) applying dry needling to enhance an individual's occupational performance if
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the occupational therapy practitioner has received the necessary training as
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determined by division rule in collaboration with the board.
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(7) "Unlawful conduct" means the same as that term is defined in Sections 58-1-501 and
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58-42a-501.
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(8) "Unprofessional conduct" means the same as that term is defined in Sections 58-1-501
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and 58-42a-502.
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Section 5. Section 58-42a-301 is amended to read:
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58-42a-301 . Licensure required -- License classification.
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(1) A license is required to engage in the practice of occupational therapy, except as
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specifically provided in Section 58-1-307 or 58-42a-304.
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(2) The division shall issue to [a person] an individual who qualifies under this chapter a
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license in the classification of:
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(a) occupational therapist; or
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(b) occupational therapy assistant.
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[(3) Nothing in this chapter shall permit an individual licensed under this chapter to engage
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in the practice of mental health therapy.]
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Section 6. Section 58-42a-307 is enacted to read:
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58-42a-307 . Trigger point dry needling -- Experience required -- Registration.
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(1) An occupational therapist may practice trigger point dry needling if the occupational
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therapist:
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(a) has held a license to practice occupational therapy under this chapter, and has
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actively practiced occupational therapy, for two years;
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(b) has successfully completed a course in trigger point dry needling that is:
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(i) approved by the division; and
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(ii) at least 304 total course hours, including a minimum of:
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(A) 54 hours of in-person instruction; and
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(B) 250 supervised patient treatment sessions;
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(c) files a certificate of completion of the course described in Subsection (1)(b) with the
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division;
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(d) registers with the division as a trigger point dry needling practitioner; and
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(e) meets any other requirement to practice trigger point dry needling established by the
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division.
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(2) The division shall make rules, in accordance with Title 63G, Chapter 3, Utah
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Administrative Rulemaking Act, that establish:
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(a) the criteria for approving a course described in Subsection (1)(b); and
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(b) the requirements described in Subsection (1)(e).
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(3) The division may charge, in accordance with Section 63J-1-504, a fee for the
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registration described in Subsection (1)(d).
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Section 7. Section 58-42a-308 is enacted to read:
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58-42a-308 . No referral required for occupational therapy.
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(1) An occupational therapist may evaluate, initiate, and provide occupational therapy
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treatment for a client without a referral from another health service provider.
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Section 8. Repealer.
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This bill repeals:
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Section 58-24b-505, Trigger point dry needling -- Experience required -- Registration.
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Section 9. Effective date.
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This bill takes effect on May 7, 2025.
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