Legislative Update

At present, a small number of physical therapists are performing what is called “dry needling” in Virginia.  This technique is the insertion of acupuncture needles into trigger points and areas of knotted muscle with the intension of relieving pain and tension.  Clearly, this falls under the state’s definition of the practice of acupuncture.  ASVA challenged the practice by those not trained in acupuncture.  At the time we were told that an earlier Board of Physical Therapy had requested an opinion regarding whether “dry needling” could be included in the scope of practice for physical therapists in the state.  An undisclosed official with the Attorney General’s office wrote at the time that there was no reason why the practice would be prohibited since there was already a provision which allowed for penetration of the skin for PT’s who performed EMG testing. 

Because of this letter, there was little ASVA could do to halt this practice.  However, representatives from ASVA and from the Acupuncture Advisory Board worked with the Physical Therapy Board to draw up definitions, rules of conduct, documentation, minimum standards of training and consent language which clearly states how the procedure differs from a complete acupuncture treatment.  A guidance document was written and provided to physical therapists.  At this point, with the exception of the provision which requires that physical therapists must obtain explicit orders from a physician in order to perform the technique on patients, the guidance document does not have the force of law behind it and compliance is voluntary.  Unless there are problems documented, the Physical Therapy Board has no plans to pursue the issue legislatively.  In the meantime, ASVA plans to keep close watch on the practice.     

We hope that this information is useful.  As always, we do our best to stay informed of any regulations and legislation that will affect our members, and to advocate for our members and the health and well being of the residents of Virginia.  If you have any questions about any of the issues in this update please contact ASVA Legislative Liaison Ann Furniss at 804-938-5668.