H.B. 367

1

PHYSICAL THERAPY SCOPE OF PRACTICE AMENDMENTS
2 2014 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Gregory H. Hughes
5 Senate Sponsor: ____________
6
7 LONG TITLE
8 General Description:
9 This bill adds dry needling to a physical therapist's scope of practice.
10 Highlighted Provisions:
11 This bill:
12 . amends the definition of "therapeutic intervention" in the Physical Therapy Practice
13 Act to include dry needling; and
14 . makes technical and conforming amendments.
15 Money Appropriated in this Bill:
16 None
17 Other Special Clauses:
18 None
19 Utah Code Sections Affected:
20 AMENDS:
21 58-24b-102 , as last amended by Laws of Utah 2012, Chapter 117
22
23 Be it enacted by the Legislature of the state of Utah:
24 Section 1. Section 58-24b-102 is amended to read:
25 58-24b-102. Definitions.
26 As used in this chapter:
27 (1) "Animal physical therapy" means practicing physical therapy or physiotherapy on

28 an animal.
29 (2) "Board" means the Utah Physical Therapy Licensing Board, created in Section
30 58-24b-201 .
31 (3) "Consultation by telecommunication" means the provision of expert or professional
32 advice by a physical therapist who is licensed outside of Utah to a licensed physical therapist or
33 a health care provider by telecommunication or electronic communication.
34 (4) "General supervision" means supervision and oversight of a person by a licensed
35 physical therapist when the licensed physical therapist is immediately available in person, by
36 telephone, or by electronic communication to assist the person.
37 (5) "Licensed physical therapist" means a person licensed under this chapter to engage
38 in the practice of physical therapy.
39 (6) "Licensed physical therapist assistant" means a person licensed under this chapter
40 to engage in the practice of physical therapy, subject to the provisions of Subsection
41 58-24b-401 (2)(a).
42 (7) "Licensing examination" means a nationally recognized physical therapy
43 examination that is approved by the division, in consultation with the board.
44 (8) "On-site supervision" means supervision and oversight of a person by a licensed
45 physical therapist or a licensed physical therapist assistant when the licensed physical therapist
46 or licensed physical therapist assistant is:
47 (a) continuously present at the facility where the person is providing services;
48 (b) immediately available to assist the person; and
49 (c) regularly involved in the services being provided by the person.
50 (9) "Physical impairment" means:
51 (a) a mechanical impairment;
52 (b) a physiological impairment;
53 (c) a developmental impairment;
54 (d) a functional limitation;
55 (e) a disability;
56 (f) a mobility impairment; or
57 (g) a bodily malfunction.
58 [(11)] (10) (a) "Physical therapy" or "physiotherapy" means:

59 (i) examining, evaluating, and testing an individual who has a physical impairment or
60 injury;
61 (ii) identifying or labeling a physical impairment or injury;
62 (iii) formulating a therapeutic intervention plan for the treatment of a physical
63 impairment, injury, or pain;
64 (iv) assessing the ongoing effects of therapeutic intervention for the treatment of a
65 physical impairment or injury;
66 (v) treating or alleviating a physical impairment by designing, modifying, or
67 implementing a therapeutic intervention;
68 (vi) reducing the risk of an injury or physical impairment;
69 (vii) providing instruction on the use of physical measures, activities, or devices for
70 preventative and therapeutic purposes;
71 (viii) promoting and maintaining health and fitness;
72 (ix) the administration of a prescription drug pursuant to Section 58-24b-403 ;
73 (x) subject to Subsection 58-28-307 (12)(b), engaging in the functions described in
74 Subsections [(11)] (10)(a)(i) through (ix) in relation to an animal, in accordance with the
75 requirements of Section 58-24b-405 ; and
76 (xi) engaging in administration, consultation, education, and research relating to the
77 practices described in this Subsection [(11)] (10)(a).
78 (b) "Physical therapy" or "physiotherapy" does not include:
79 (i) diagnosing disease;
80 (ii) performing surgery;
81 (iii) performing acupuncture;
82 (iv) taking x-rays; or
83 (v) prescribing or dispensing a drug, as defined in Section 58-37-2 .
84 [(10)] (11) "Physical therapy aide" means a person who:
85 (a) is trained, on-the-job, by a licensed physical therapist; and
86 (b) provides routine assistance to a licensed physical therapist or licensed physical
87 therapist assistant, while the licensed physical therapist or licensed physical therapist assistant
88 practices physical therapy, within the scope of the licensed physical therapist's or licensed
89 physical therapist assistant's license.

90 (12) "Recognized accreditation agency" means an accreditation agency that:
91 (a) grants accreditation, nationally, in the United States of America; and
92 (b) is approved by the division, in consultation with the board.
93 (13) (a) "Testing" means a standard method or technique used to gather data regarding
94 a patient that is generally and nationally accepted by physical therapists for the practice of
95 physical therapy.
96 (b) "Testing" includes measurement or evaluation of:
97 (i) muscle strength, force, endurance, or tone;
98 (ii) cardiovascular fitness;
99 (iii) physical work capacity;
100 (iv) joint motion, mobility, or stability;
101 (v) reflexes or autonomic reactions;
102 (vi) movement skill or accuracy;
103 (vii) sensation;
104 (viii) perception;
105 (ix) peripheral nerve integrity;
106 (x) locomotor skills, stability, and endurance;
107 (xi) the fit, function, and comfort of prosthetic, orthotic, or other assistive devices;
108 (xii) posture;
109 (xiii) body mechanics;
110 (xiv) limb length, circumference, and volume;
111 (xv) thoracic excursion and breathing patterns;
112 (xvi) activities of daily living related to physical movement and mobility;
113 (xvii) functioning in the physical environment at home or work, as it relates to physical
114 movement and mobility; and
115 (xviii) neural muscular responses.
116 (14) "Therapeutic intervention" includes:
117 (a) therapeutic exercise, with or without the use of a device;
118 (b) functional training in self-care, as it relates to physical movement and mobility;
119 (c) community or work integration, as it relates to physical movement and mobility;
120 (d) manual therapy, including, as defined by the division:

121 (i) soft tissue mobilization;
122 (ii) therapeutic massage; [or]
123 (iii) joint mobilization[, as defined by the division, by rule]; or
124 (iv) dry needling;
125 (e) prescribing, applying, or fabricating an assistive, adaptive, orthotic, prosthetic,
126 protective, or supportive device;
127 (f) airway clearance techniques, including postural drainage;
128 (g) integumentary protection and repair techniques;
129 (h) wound debridement, cleansing, and dressing;
130 (i) the application of a physical agent, including:
131 (i) light;
132 (ii) heat;
133 (iii) cold;
134 (iv) water;
135 (v) air;
136 (vi) sound;
137 (vii) compression;
138 (viii) electricity; and
139 (ix) electromagnetic radiation;
140 (j) mechanical or electrotherapeutic modalities;
141 (k) positioning;
142 (l) instructing or training a patient in locomotion or other functional activities, with or
143 without an assistive device;
144 (m) manual or mechanical traction; and
145 (n) correction of posture, body mechanics, or gait.




Legislative Review Note
as of 2-12-14 3:09 PM

Office of Legislative Research and General Counsel