STAND. COM. REP. NO. 2644

 

Honolulu, Hawaii

                  

 

RE:    S.B. No. 2225

       S.D. 1

 

 

 

Honorable Ronald D. Kouchi

President of the Senate

Thirtieth State Legislature

Regular Session of 2020

State of Hawaii

 

Sir:

 

     Your Committee on Commerce, Consumer Protection, and Health, to which was referred S.B. No. 2225 entitled:

 

"A BILL FOR AN ACT RELATING TO THE PHYSICAL THERAPY PRACTICE ACT,"

 

begs leave to report as follows:

 

     The purpose and intent of this measure is to:

 

     (1)  Clarify the scope of practice for licensed physical therapists to include the practice of dry needling; and

 

     (2)  Expand other competence-related activities to include dry needling specific knowledge.

 

     Your Committee received testimony in support of this measure from the American Physical Therapy Association, Board of Physical Therapy, The Queens' Health Systems, American Physical Therapy Association Hawaii, Maui Holistic Physical Therapy, R.O.C.K. Physical Therapy, Kauai Veterans Memorial Hospital, and fifty-six individuals.  Your Committee received testimony in opposition to this measure from the Hawaii Acupuncture Association; AcuPlan Hawaii; Institute of Clinical Acupuncture and Oriental Medicine; Longevity Health Center; Body Mind Therapy; Molokai Acupuncture and Massage; Rubin Enterprises, LLC; Big Island Acupuncture; Windward Wellness; Acupuncture and Wellness Center, LLC; East 2 West Integrative Medicine; and fifty-six individuals.  Your Committee received comments on this measure from the Board of Acupuncture.

 

     Your Committee finds that the vast majority of states allow physical therapists to perform dry needling.  Hawaii is one of only seven states that do not include dry needling in the physical therapist's scope of practice.  Dry needling is a treatment used, when appropriate, in conjunction with other physical therapy interventions to improve movement, function, and treat chronic pain.  Dry needling has also been proven to be effective at reducing opioid use.

 

     Your Committee further finds that according to a report by the Human Resources Research Organization, more than four-fifths of what physical therapists need to know to be competent in dry needling is acquired during the course of their entry-level education, including knowledge related to evaluating, assessing, diagnosing, and developing a plan of care, and maintaining documentation, safety, and professional responsibilities.  Dry needling does, however, require advanced or specialized training in needling technique and psychomotor skills to handle needles and palpate tissues.  This measure clarifies the scope of practice for licensed physical therapists in Hawaii to include the practice of dry needling and expands competence related activities approved by the Board of Physical Therapy to include certain dry needling specific knowledge to help improve access to needed health care in the State.

 

     Your Committee notes that the Board of Physical Therapy already has the authority under chapter 91, Hawaii Revised Statutes, to adopt administrative rules concerning education and continuing competence requirements for physical therapists, which can be more easily amended to incorporate advancements in the practice of physical therapy.  Accordingly, your Committee has amended this measure by:

 

     (1)  Removing language that would have enumerated specific education and training requirements for physical therapists to perform dry needling;

 

     (2)  Inserting language requiring the Board of Physical Therapy to certify qualified licensed physical therapists to perform dry needling and designate the requirements for physical therapists related to dry needling; provided that the Board of Physical Therapy shall not certify a qualified licensed physical therapist to perform dry needling before January 1, 2021;

 

     (3)  Inserting language allowing the Board of Physical Therapy to suspend or revoke a physical therapist's license for performing dry needling incorrectly, without proper training or certification, or in a manner that would likely harm a patient;

 

     (4)  Inserting an effective date of July 1, 2050; and

 

     (5)  Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

 

     As affirmed by the record of votes of the members of your Committee on Commerce, Consumer Protection, and Health that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2225, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2225, S.D. 1, and be referred to your Committee on Judiciary.

 

Respectfully submitted on behalf of the members of the Committee on Commerce, Consumer Protection, and Health,

 

 

 

________________________________

ROSALYN H. BAKER, Chair