Legislative Update
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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.