Legislative Update

ASVA has become aware of and has been trying to stop the practice of “dry needling” or “intramuscular stimulation” being practiced by physical therapists in Virginia. This technique involves the deep and vigorous needling of muscle tissue and trigger points with acupuncture needles to relive pain and spasms. Physical therapists are performing the technique without supervision after completing a brief course of study. Since physical therapists with advanced training may perform EMG testing, rules governing the use of invasive procedures are outlined within their scope of practice regulations. It is on this basis that the therapists who perform “dry needling” claim their right to do so.

Regardless what they call the technique, it is our position that the practice clearly falls under the state’s definition of acupuncture, and physical therapists are not permitted by the Board of Medicine to practice acupuncture. The ASVA legislative liaison spoke before the Physical Therapy Board meeting in August and drafted a letter outlining both the public safety issues as well as the legal arguments concerning this practice. In addition, the letter points out that patients who have been treated with “dry needling” could easily be left with the mistaken idea that they have had acupuncture by someone qualified to practice it. If symptoms don’t disappear, these individuals are likely to conclude that acupuncture can’t help them.

The Physical Therapy Board met again in October to hear from physical therapists who practice “dry needling”. At the end of the comment period, the board members were to meet behind closed doors to determine if “dry needling” does fall within the physical therapists’ scope of practice. Unfortunately, the matter was shelved until the January meeting of the Physical Therapy Board. At that meeting, the decision was made to create a “task force” to further look into the issue. The chairman of the P.T. Board has asked ASVA’s legislative liaison to serve on this task force. In the meantime, of course, it continues to be practiced and more PT’s will become trained. The task force is charged to see if the practice is covered under their scope of practice and if the conclusion is that it does, the group will review other state’s requirements for certification and CEU’s. If the task force concludes that dry needling is not covered under the physical therapy scope of practice, we can breathe a sigh of relief and simply keep a watchful eye. However, if the board decides that the practice does indeed fall under physical therapists’ scope of practice, we have the option to appeal the matter to the Board of Health Professions. As always, ASVA will continue to work to maintain the integrity and quality of the practice of acupuncture in Virginia, not only on behalf of the acupuncturists in the state, but for the public we serve as well.

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.