Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 188 (2025GS)

Sponsor

Rep. Cutler, Paul A.

Final action

Governor Signed 3/25/2025

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• moves the registration requirement for a physical therapist using dry needling from an exception to unlawful and unprofessional conduct to a requirement for licensing;
• expands the definition of both physical therapy and occupational therapy to include dry needling;
• clarifies that no referral is needed for physical therapy or occupational therapy;
• creates a registration requirement for an occupational therapist to engage in dry needling;
• allows occupational therapists to assist with mental wellness; and
• makes technical changes.

Every vote on this bill

Bill text

10
58-24b-102
58-24b-306
58-24b-307
58-24b-505
58-42a-102
58-42a-301
58-42a-307
58-42a-308
58-24b-102
58-24b-306
58-24b-307
58-24b-505
58-42a-102
58-42a-301
58-42a-307
58-42a-308
15
0
Dry Needling Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Paul A. Cutler
Senate Sponsor: Todd Weiler
LONG TITLE
General Description:
This bill provides requirements for dry needling by a physical therapist or an occupational 
therapist. 
Highlighted Provisions:
This bill:
moves the registration requirement for a physical therapist using dry needling from an 
exception to unlawful and unprofessional conduct to a requirement for licensing;
expands the definition of both physical therapy and occupational therapy to include dry 
needling; 
clarifies that no referral is needed for physical therapy or occupational therapy;
creates a registration requirement for an occupational therapist to engage in dry needling; 
allows occupational therapists to assist with mental wellness; and
makes technical changes. 
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
58-24b-102
, as last amended by Laws of Utah 2024, Chapter 507
58-42a-102
, as last amended by Laws of Utah 2024, Chapter 507
58-42a-301
, as enacted by Laws of Utah 1994, Chapter 240
ENACTS:
58-24b-306
, Utah Code Annotated 1953
58-24b-307
, Utah Code Annotated 1953
58-42a-307
, Utah Code Annotated 1953
58-42a-308
, Utah Code Annotated 1953
REPEALS:
58-24b-505
, as enacted by Laws of Utah 2014, Chapter 354
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
58-24b-102
 is amended to read:
58-24b-102
. Definitions.
As used in this chapter:
(1)
"Animal physical therapy" means practicing physical therapy or physiotherapy on an 
animal.
(2)
"Board" means the Physical Therapies Licensing Board, created in Section 
58-24b-201
.
(3)
"Consultation by telecommunication" means the provision of expert or professional 
advice by a physical therapist who is licensed outside of Utah to a licensed physical 
therapist or a health care provider by telecommunication or electronic communication.
(4)
"General supervision" means supervision and oversight of 
a person
an individual
 by a 
licensed physical therapist when the licensed physical therapist is immediately available 
in person, by telephone, or by electronic communication to assist the 
person
individual
.
(5)
"Licensed physical therapist" means 
a person
an individual
 licensed under this chapter 
to engage in the practice of physical therapy.
(6)
"Licensed physical therapist assistant" means 
a person
an individual
 licensed under this 
chapter to engage in the practice of physical therapy, subject to the provisions of 
Subsection 
58-24b-401
(2)(a).
(7)
"Licensing examination" means a nationally recognized physical therapy examination 
that is approved by the division, in consultation with the board.
(8)
"On-site supervision" means supervision and oversight of 
a person
an individual
 by a 
licensed physical therapist or a licensed physical therapist assistant when the licensed 
physical therapist or licensed physical therapist assistant is:
(a)
continuously present at the facility where the 
person
individual
 is providing services;
(b)
immediately available to assist the 
person
individual
; and
(c)
regularly involved in the services being provided by the 
person
individual
.
(9)
"Physical impairment" means:
(a)
a mechanical impairment;
(b)
a physiological impairment;
(c)
a developmental impairment;
(d)
a functional limitation;
(e)
a disability;
(f)
a mobility impairment; or
(g)
a bodily malfunction.
(10)
(a)
"Physical therapy" or "physiotherapy" means:
(i)
examining, evaluating, and testing an individual who has a physical impairment or 
injury;
(ii)
identifying or labeling a physical impairment or injury;
(iii)
formulating a therapeutic intervention plan for the treatment of a physical 
impairment, injury, or pain;
(iv)
assessing the ongoing effects of therapeutic intervention for the treatment of a 
physical impairment or injury;
(v)
treating or alleviating a physical impairment by designing, modifying, or 
implementing a therapeutic intervention;
(vi)
reducing the risk of an injury or physical impairment;
(vii)
providing instruction on the use of physical measures, activities, or devices for 
preventative and therapeutic purposes;
(viii)
promoting and maintaining health and fitness;
(ix)
the administration of a prescription drug pursuant to Section 
58-24b-403
;
(x)
subject to Subsection 
58-28-307
(12)(b), engaging in the functions described in 
Subsections (10)(a)(i) through (ix) in relation to an animal, in accordance with the 
requirements of Section 
58-24b-405
; 
and
(xi)
engaging in administration, consultation, education, and research relating to the 
practices described in this Subsection (10)(a)
.
; or
(xii)
applying dry needling to enhance an individual's physical performance if the 
physical therapy practitioner has received the necessary training as determined by 
division rule in collaboration with the board.
(b)
"Physical therapy" or "physiotherapy" does not include:
(i)
diagnosing disease;
(ii)
performing surgery;
(iii)
performing acupuncture;
(iv)
taking x-rays; or
(v)
prescribing or dispensing a drug, as defined in Section 
58-37-2
.
(11)
"Physical therapy aide" means 
a person
an individual
 who:
(a)
is trained, on-the-job, by a licensed physical therapist; and
(b)
provides routine assistance to a licensed physical therapist or licensed physical 
therapist assistant, while the licensed physical therapist or licensed physical therapist 
assistant practices physical therapy, within the scope of the licensed physical 
therapist's or licensed physical therapist assistant's license.
(12)
"Recognized accreditation agency" means an accreditation agency that:
(a)
grants accreditation, nationally, in the United States of America; and
(b)
is approved by the division, in consultation with the board.
(13)
(a)
"Testing" means a standard method or technique used to gather data regarding a 
patient that is generally and nationally accepted by physical therapists for the practice 
of physical therapy.
(b)
"Testing" includes measurement or evaluation of:
(i)
muscle strength, force, endurance, or tone;
(ii)
cardiovascular fitness;
(iii)
physical work capacity;
(iv)
joint motion, mobility, or stability;
(v)
reflexes or autonomic reactions;
(vi)
movement skill or accuracy;
(vii)
sensation;
(viii)
perception;
(ix)
peripheral nerve integrity;
(x)
locomotor skills, stability, and endurance;
(xi)
the fit, function, and comfort of prosthetic, orthotic, or other assistive devices;
(xii)
posture;
(xiii)
body mechanics;
(xiv)
limb length, circumference, and volume;
(xv)
thoracic excursion and breathing patterns;
(xvi)
activities of daily living related to physical movement and mobility;
(xvii)
functioning in the physical environment at home or work, as it relates to 
physical movement and mobility; and
(xviii)
neural muscular responses.
(14)
(a)
"Trigger point dry needling" means the stimulation of a trigger point using a dry 
needle to treat neuromuscular pain and functional movement deficits.
(b)
"Trigger point dry needling" does not include the stimulation of auricular or distal 
points.
(15)
"Therapeutic intervention" includes:
(a)
therapeutic exercise, with or without the use of a device;
(b)
functional training in self-care, as it relates to physical movement and mobility;
(c)
community or work integration, as it relates to physical movement and mobility;
(d)
manual therapy, including:
(i)
soft tissue mobilization;
(ii)
therapeutic massage; or
(iii)
joint mobilization, as defined by the division, by rule;
(e)
prescribing, applying, or fabricating an assistive, adaptive, orthotic, prosthetic, 
protective, or supportive device;
(f)
airway clearance techniques, including postural drainage;
(g)
integumentary protection and repair techniques;
(h)
wound debridement, cleansing, and dressing;
(i)
the application of a physical agent, including:
(i)
light;
(ii)
heat;
(iii)
cold;
(iv)
water;
(v)
air;
(vi)
sound;
(vii)
compression;
(viii)
electricity; and
(ix)
electromagnetic radiation;
(j)
mechanical or electrotherapeutic modalities;
(k)
positioning;
(l)
instructing or training a patient in locomotion or other functional activities, with or 
without an assistive device;
(m)
manual or mechanical traction;
(n)
correction of posture, body mechanics, or gait; and
(o)
trigger point dry needling, under the conditions described in Section 
58-24b-505
.
Section 2, Section 
58-24b-306
 is enacted to read:
58-24b-306
. Trigger point dry needling -- Experience required -- Registration.
(1)
A physical therapist may practice trigger point dry needling if the physical therapist:
(a)
has a valid license to practice physical therapy under this chapter;
(b)
has successfully completed a course in trigger point dry needling that is:
(i)
approved by the division; and
(ii)
at least 304 total course hours, including at a minimum of:
(A)
54 hours of in-person instruction; and
(B)
250 supervised patient treatment hours;
(c)
files a certificate of completion of the course described in Subsection (1)(b) with the 
division;
(d)
registers with the division as a trigger point dry needling practitioner; and
(e)
meets any other requirement to practice trigger point dry needling established by the 
division.
(2)
The division shall make rules, in accordance with Title 63G, Chapter 3, Utah 
Administrative Rulemaking Act, that establish:
(a)
the criteria for approving a course described in Subsection (1)(b); and
(b)
the requirements described in Subsection (1)(e).
(3)
The division may charge, in accordance with Section 
63J-1-504
, a fee for the 
registration described in Subsection (1)(d).
Section 3, Section 
58-24b-307
 is enacted to read:
58-24b-307
. No referral required for physical therapy.
A physical therapist may evaluate, initiate, and provide physical therapy treatment for a 
client without a referral from another health service provider.
Section 4, Section 
58-42a-102
 is amended to read:
58-42a-102
. Definitions.
In addition to the definitions in Section 
58-1-102
, as
As
 used in this chapter:
(1)
"Board" means the Physical Therapies Licensing Board created in Section 
58-24b-201
.
(2)
(a)
"Individual treatment plan" means a written record composed for each client by 
a 
person
the individual
 licensed under this chapter to engage in the practice of 
occupational therapy.
(b)
"Individual treatment plan" includes:
(i)
planning and directing specific exercises and programs to improve sensory 
integration and motor functioning at the level of performance neurologically 
appropriate for the individual's stage of development;
(ii)
establishing a program of instruction to teach a client skills, behaviors, and 
attitudes necessary for the client's independent productive, emotional, and social 
functioning;
(iii)
analyzing, selecting, and adapting functional exercises to achieve and maintain 
the client's optimal functioning in activities of daily living and to prevent further 
disability; and
(iv)
planning and directing specific programs to evaluate and enhance perceptual, 
motor, and cognitive skills.
(3)
"Occupational therapist" means 
a person
an individual
 licensed under this chapter to 
practice occupational therapy.
(4)
"Occupational therapy aide" means 
a person
an individual
 who is not licensed under 
this chapter but who provides supportive services under the supervision of an 
occupational therapist or occupational therapy assistant.
(5)
"Occupational therapy assistant" means 
a person
an individual
 licensed under this 
chapter to practice occupational therapy under the supervision of an occupational 
therapist as described in Sections 
58-42a-305
 and 
58-42a-306
.
(6)
(a)
"Practice of occupational therapy" means the therapeutic use of everyday life 
activities with an individual:
(i)
that has or is at risk of developing an illness, injury, disease, disorder, condition, 
impairment, disability, activity limitation, or participation restriction; and
(ii)
to develop or restore the individual's ability to engage in everyday life activities 
by addressing physical, cognitive, 
mental wellness, 
psychosocial, sensory, or other 
aspects of the individual's performance.
(b)
"Practice of occupational therapy" includes:
(i)
establishing, remediating, or restoring an undeveloped or impaired skill or ability 
of an individual;
(ii)
modifying or adapting an activity or environment to enhance an individual's 
performance;
(iii)
maintaining and improving an individual's capabilities to avoid declining 
performance in everyday life activities;
(iv)
promoting health and wellness to develop or improve an individual's 
performance in everyday life activities;
(v)
performance-barrier prevention for an individual, including disability prevention;
(vi)
evaluating factors that affect an individual's activities of daily living in 
educational, work, play, leisure, and social situations, including:
(A)
body functions and structures;
(B)
habits, routines, roles, and behavioral patterns;
(C)
cultural, physical, environmental, social, virtual, and spiritual contexts and 
activity demands that affect performance; and
(D)
motor, process, communication, interaction, and other performance skills;
(vii)
providing interventions and procedures to promote or enhance an individual's 
safety and performance in activities of daily living in educational, work, and 
social situations, including:
(A)
the therapeutic use of occupations and exercises;
(B)
training in self-care, self-management, home-management, and community 
and work reintegration;
(C)
the development, remediation, or compensation of behavioral skills and 
physical, cognitive, neuromuscular, and sensory functions;
(D)
the education and training of an individual's family members and caregivers;
(E)
care coordination, case management, and transition services;
(F)
providing consulting services to groups, programs, organizations, or 
communities,
(G)
modifying the environment and adapting processes, including the application 
of ergonomic principles;
(H)
assessing, designing, fabricating, applying, fitting, and providing training in 
assistive technology, adaptive devices, orthotic devices, and prosthetic devices;
(I)
assessing, recommending, and training an individual in techniques to enhance 
functional mobility, including wheelchair management;
(J)
driver rehabilitation and community mobility;
(K)
enhancing eating and feeding performance; 
and
(L)
applying physical agent modalities, managing wound care, 
dry needling, 
and 
using manual therapy techniques to enhance an individual's performance skills, 
if the occupational therapist has received the necessary training as determined 
by division rule in collaboration with the board
.
; or
(M)
applying dry needling to enhance an individual's occupational performance if 
the occupational therapy practitioner has received the necessary training as 
determined by division rule in collaboration with the board.
(7)
"Unlawful conduct" means the same as that term is defined in Sections 
58-1-501
 and 
58-42a-501
.
(8)
"Unprofessional conduct" means the same as that term is defined in Sections 
58-1-501
and 
58-42a-502
.
Section 5, Section 
58-42a-301
 is amended to read:
58-42a-301
. Licensure required -- License classification.
(1)
A license is required to engage in the practice of occupational therapy, except as 
specifically provided in Section 
58-1-307
 or 
58-42a-304
.
(2)
The division shall issue to 
a person
an individual
 who qualifies under this chapter a 
license in the classification of:
(a)
occupational therapist; or
(b)
occupational therapy assistant.
(3)
Nothing in this chapter shall permit an individual licensed under this chapter to engage 
in the practice of mental health therapy as defined in Section 
58-60-102
.
(3)
Nothing in this chapter shall permit an individual licensed under this chapter to engage 
in the practice of mental health therapy.
Section 6, Section 
58-42a-307
 is enacted to read:
58-42a-307
. Trigger point dry needling -- Experience required -- Registration.
(1)
An occupational therapist may practice trigger point dry needling if the occupational 
therapist:
(a)
has a valid license to practice occupational therapy under this chapter;
(b)
has successfully completed a course in trigger point dry needling that is:
(i)
approved by the division; and
(ii)
at least 304 total course hours, including a minimum of:
(A)
54 hours of in-person instruction; and
(B)
250 supervised patient treatment hours;
(c)
files a certificate of completion of the course described in Subsection (1)(b) with the 
division;
(d)
registers with the division as a trigger point dry needling practitioner; and
(e)
meets any other requirement to practice trigger point dry needling established by the 
division.
(2)
The division shall make rules, in accordance with Title 63G, Chapter 3, Utah 
Administrative Rulemaking Act, that establish:
(a)
the criteria for approving a course described in Subsection (1)(b); and
(b)
the requirements described in Subsection (1)(e).
(3)
The division may charge, in accordance with Section 
63J-1-504
, a fee for the 
registration described in Subsection (1)(d).
Section 7, Section 
58-42a-308
 is enacted to read:
58-42a-308
. No referral required for occupational therapy.
An occupational therapist may evaluate, initiate, and provide occupational therapy 
treatment for a client without a referral from another health service provider.
Section 8, 
Repealer.
Trigger point dry needling -- Experience required -- Registration.
Section 9. 
Effective date.
This bill takes effect on 
May 7, 2025
.
3-14-25 10:32 AM