S0485B0514A05023 AJB:JMT 06/22/22 #90 A05023
AMENDMENTS TO SENATE BILL NO. 485
Sponsor: SENATOR SCAVELLO
Printer's No. 514
Amend Bill, page 1, lines 1 through 6, by striking out all of
said lines and inserting
Amending the act of October 10, 1975 (P.L.383, No.110), entitled
"An act relating to the practice of physical therapy,"
further providing for definitions, for training and license
required and exceptions, for qualifications for license,
examinations, failure of examinations, licensure without
examination, issuing of license, foreign applicants for
licensure, temporary license and perjury and for physical
therapist assistant, education and examination, scope of
duties and certification.
Amend Bill, page 1, lines 9 through 19; pages 2 through 10,
lines 1 through 30; page 11, lines 1 through 22; by striking out
all of said lines on said pages and inserting
Section 1. The definition of "physical therapy" in section 2
of the act of October 10, 1975 (P.L.383, No.110), known as the
Physical Therapy Practice Act, is amended and the section is
amended by adding a definition to read:
Section 2. Definitions.--The following definitions shall
apply, when used in this act, unless otherwise expressed
therein:
* * *
"Dry needling" means an advanced needling skill or technique
to treat myofascial pain and neuromusculoskeletal systems
through the use of a single use, single insertion sterile
filiform needle that is inserted into the skin or underlying
tissues. The term is also known as intramuscular therapy. The
term includes the application of theory-based only Western
medical concepts requiring the examination, diagnosis and
treatment of specific anatomic entities selected according to
physical signs. The term does not include any of the following:
(1) The practice or teaching or application of acupuncture
under the act of February 14, 1986 (P.L.2, No.2), known as the
Acupuncture Licensure Act.
(2) The stimulation of auricular points or utilization of
2022/90AJB/SB0485A05023 - 1 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
meridian-based distal points.
* * *
"Physical therapy" means any of the following:
(1) The evaluation, examination and testing of individuals
with mechanical, physiological and developmental impairments,
functional limitations and disabilities, other health-related or
movement-related conditions, performed to determine a diagnosis,
prognosis and plan of treatment intervention within the scope of
this act or to assess the ongoing effects of intervention.
(2) The performance of tests and measurements as an aid in
diagnosis or evaluation of function and the treatment of the
individual through the utilization of the effective properties
of physical measures such as mechanical stimulation, dry
needling, heat, cold, light, air, water, electricity, sound,
massage or mobilization-manual therapy.
(3) The use of therapeutic exercises and rehabilitative
procedures, including training in functional activities, with or
without the utilization of assistive devices, for the purpose of
limiting or preventing disability and alleviating or correcting
any physical or mental conditions.
(4) Reducing the risk of injury, impairment, functional
limitation and disability, including the promotion and
maintenance of fitness, health and wellness in populations of
all ages as well as engaging in administration, consultation,
education and research.
* * *
Section 2. Section 4(a) of the act is amended and the
section is amended by adding a subsection to read:
Section 4. Training and License Required; Exceptions.--(a)
It shall be unlawful for an individual to practice or hold
[himself] oneself out as being able to practice physical therapy
in this State in any manner whatsoever unless such individual
has met the educational requirements and is licensed in
accordance with the provisions of this act. The board shall
determine standards, by regulations, regarding qualifications
necessary for the performance of such tests or treatment forms
as the board shall determine require additional training or
education beyond the educational requirements set forth by this
act, as such relates to the practice of physical therapy in
accordance with law. Nothing in this act, however, shall
prohibit an individual trained and licensed or certified to
practice or to act within the scope of his license or
certification in this State under any other law, from engaging
in the licensed or certified practice for which [he] the
individual is trained.
(a.1) A licensed physical therapist may only perform dry
needling upon the successful completion of at least 54 hours in
dry needling course work during a period not to exceed 24 months
and at least 100 patient treatment sessions under supervision as
determined by the board. The board may adopt rules or
regulations imposing additional dry needing qualification
2022/90AJB/SB0485A05023 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
requirements as necessary to effectuate the purpose of this
subsection.
* * *
Section 3. Sections 6(a) introductory paragraph and 9.1(a)
and (c) introductory paragraph of the act are amended to read:
Section 6. Qualifications for License; Examinations; Failure
of Examinations; Licensure Without Examination; Issuing of
License; Foreign Applicants for Licensure; Temporary License;
Perjury.--(a) To be eligible for licensure as a physical
therapist, an applicant must be at least 20 years of age unless
otherwise determined by the board in its discretion, be of good
moral character, not be addicted to the habitual use of alcohol
or narcotics or other habit-forming drugs, and be a graduate of
a school offering an educational program in physical therapy as
adopted by the board, which program has been approved for the
education and training of physical therapists by the appropriate
nationally recognized accrediting agency. In assessing the moral
character of an applicant with a criminal conviction, the board
shall conduct an individualized assessment in accordance with 63
Pa.C.S. § 3113 (relating to consideration of criminal
convictions). An applicant completing the professional study of
physical therapy after 2002 must hold a minimum of a master's
degree from a regionally accredited institution of higher
education. An applicant completing the professional study of
physical therapy between January 1967 and 2002 must hold a
minimum of a baccalaureate degree from a regionally accredited
institution of higher education. In the case of those applicants
who have completed requirements prior to the first day of
January, 1967, but who may not technically or totally fulfill
the above requirements, the board at its discretion and by the
majority vote of all members present may accept evidence of
satisfactory equivalence. The board shall not issue a license to
an applicant who has been convicted of a felony under the act of
April 14, 1972 (P.L.233, No.64), known as "The Controlled
Substance, Drug, Device and Cosmetic Act," or of an offense
under the laws of another jurisdiction which, if committed in
this Commonwealth, would be a felony under "The Controlled
Substance, Drug, Device and Cosmetic Act," unless:
* * *
Section 9.1. Physical Therapist Assistant; Education and
Examination; Scope of Duties; Certification.--(a) To be
eligible for certification by the board as a physical therapist
assistant, an applicant must be at least 18 years of age unless
otherwise determined by the board, be of good moral character,
not be addicted to the habitual use of alcohol or narcotics or
other habit-forming drugs, be a graduate of a physical therapist
assistant program adopted by the board, which program has been
approved for the education and training for physical therapist
assistants by the appropriate nationally recognized accrediting
agency and be successful in passing an examination approved by
the board, subject to rules and regulations established by the
2022/90AJB/SB0485A05023 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
board and administered in accordance with section 812.1 of the
act of April 9, 1929 (P.L.177, No.175), known as "The
Administrative Code of 1929." In assessing the moral character
of an applicant with a criminal conviction, the board shall
conduct an individualized assessment in accordance with 63
Pa.C.S. § 3113 (relating to consideration of criminal
convictions). Applicants eligible to register with the board
shall be deemed eligible for certification by the board until
such time as the board promulgates any regulation regarding
certification. No applicant shall be certified unless [he] the
applicant has attained passing scores established by the board
and published prior to the administration of the examination.
* * *
(c) A physical therapist assistant while assisting a
licensed physical therapist in the practice of physical therapy
shall only perform patient-related physical therapy acts and
services that are assigned or delegated by and under the
supervision of a licensed physical therapist. Such acts and
services of a physical therapist assistant shall not include
evaluation, testing, dry needling, interpretation, planning or
modification of patient programs. For purposes of this section
the term "supervision" means as follows:
* * *
Section 4. Nothing in this act shall be construed as
requiring a new or an additional third-party reimbursement or
otherwise mandating new coverage under 75 Pa.C.S. Ch. 17
(relating to financial responsibility) or the act of June 2,
1915 (P.L.736, No.338), known as the Workers' Compensation Act,
for dry needling rendered by a licensed physical therapist under
this act.
Section 5. This act shall take effect in 60 days.
2022/90AJB/SB0485A05023 - 4 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
See A05023 in
the context
of SB0485