Comparing HB 867 → HB 1042 — Dry Needling by Occupational Therapists

Struck = only in HB 867 · added = only in HB 1042.

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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/HB 867 2026 Legislature 2 An act relating to dry needling by occupational therapists;
NOTE:
amending s.
This bill has been prepared for the signatures of the appropriate legislative officers and the Governor.
468.203, F.S.;
To determine whether the Governor has signed the bill or taken other action on it, please consult the legislative status sheet, the legislative history, or the Session Laws.
defining the terms "dry needling" and "myofascial trigger point";
HOUSE BILL 26-1042 BY REPRESENTATIVE(S) Feret and Bradley, Barron, Brooks, Clifford, Duran, Garcia Sander, Goldstein, Gonzalez R., Lieder, Nguyen, Rutinel, Stewart K., Story, Woodrow;
creating s.
also SENATOR(S) Ball, Carson, Weissman.
468.227, F.S.;
CONCERNING DRY NEEDLING BY OCCUPATIONAL THERAPISTS .
requiring the Board of Occupational Therapy Practice to establish minimum standards of practice for the performance of dry needling by occupational therapists;
Be it enacted by the General Assembly of the State of Colorado:
providing performance requirements;
SECTION 1.
requiring the board to establish additional supervision and training requirements;
In Colorado Revised Statutes, add 12-270-109.5 as follows:
requiring the Department of Health to submit a specified report to the Legislature by a specified date;
12-270-109.5.
providing construction;
Dry needling - rules.
providing an effective date.
(1) ON AND AFTER SEPTEMBER 1, 2027, AN OCCUPATIONAL THERAPISTMAYPERFORMDRYNEEDLINGIFTHEOCCUPATIONALTHERAPIST :
Be It Enacted by the Legislature of the State of Florida:
(a) H AS THE KNOWLEDGE , SKILL, ABILITY, AND DOCUMENTED COMPETENCY TO PERFORM THE ACT ;
Section 1.
(b) H AS SUCCESSFULLY COMPLETED A DRY NEEDLING COURSE OF STUDY THAT MEETS THE SUPERVISORIAL , EDUCATIONAL , AND CLINICAL ________ Capital letters or bold & italic numbers indicate new material added to existing law;
Subsections (3) through (8) of section 468.203, Florida Statutes, are renumbered as subsections (5) through (10), respectively, and new subsections (3) and (4) are added to that section, to read:
dashes through words or numbers indicate deletions from existing law and such material is not part of the act.
468.203 Definitions.—As used in this act, the term:
PREREQUISITESESTABLISHEDBYRULEPURSUANTTOSUBSECTION (2)OFTHIS SECTION ;AND (c) O BTAINS A WRITTEN INFORMED CONSENT FROM EACH PATIENT FOR DRY NEEDLING ,INCLUDING :
(3) "Dry needling" has the same meaning as in s.
(I) IFORMATIONCONCERNINGTHEPOTENTIALBENEFITSANDRISKS OF DRY NEEDLING ;AND (II) ASTATEMENTTHATTHEOCCUPATIONALTHERAPISTPERFORMING DRY NEEDLING IS NOT AN ACUPUNCTURIST .
486.021(12).
(2) ONORBEFORE JUNE 1,2027,THEDIRECTORSHALLADOPTRULES TO ESTABLISH THE REQUIREMENTS FOR AN OCCUPATIONAL THERAPIST TO PERFORM DRY NEEDLING IN ORDER TO ENSURE ADEQUATE PROTECTION OF THE PUBLIC.
(4) "Myofascial trigger point" has the same meaning as in Page 1 of 4 CODING:
AT A MINIMUM ,THE RULES MUST ESTABLISH REQUIREMENTS THAT ARE EQUIVALENT TO THE REQUIREMENTS ESTABLISHED IN RULES ADOPTED BY THE STATE PHYSICAL THERAPY BOARD PURSUANT TO SECTION 12-285-116 (5)(b)AUTHORIZING A PHYSICAL THERAPIST TO PERFORM DRY NEEDLING .PRIORTOADOPTINGTHERULES THEDIRECTORSHALLSEEKINPUT FROMTHE COLORADOMEDICALBOARDCREATEDINSECTION 12-240-105(1).
Words stricken are deletions;
(3) NOTWITHSTANDINGSECTION 12-200-103(5),THEPERFORMANCE OF DRY NEEDLING BY AN OCCUPATIONAL THERAPIST IN ACCORDANCE WITH THIS SECTION IS NOT THE PRACTICE OF ACUPUNCTURE AND IS NOT A VIOLATION OF SECTION 12-200-108.
words underlined are additions.
SECTION 2.
hb867 -01-er F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/HB 867 2026 Legislature s.
Act subject to petition - effective date.
486.021(13).
This act takes effect at 12:01 a.m.
Section 2.
on the day following the expiration of the ninety-dayperiod after final adjournment of the general assembly(August 12, 2026, if adjournment sine die is on May 13, 2026);
Section 468.227, Florida Statutes, is created to read:
except that, if a referendumpetitionisfiledpursuanttosection1(3)ofarticleVofthestate constitution against this act or an item, section, or part of this act within such period, then the act, item, section, or part will not take effect unless PAGE 2-HOUSE BILL 26-1042 approvedbythepeopleatthegeneralelectiontobeheldinNovember2026 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.
468.227 Occupational therapist;
____________________________ ____________________________ Julie McCluskie James Rashad Coleman, Sr.
performance of dry needling.— (1) The board shall establish minimum standards of practice for the performance of dry needling by occupational therapists, including, but not limited to, all of the following:
SPEAKER OF THE HOUSE PRESIDENT OF OF REPRESENTATIVES THE SENATE ____________________________ ____________________________ Vanessa Reilly Esther van Mourik CHIEF CLERK OF THE HOUSE SECRETARY OF OF REPRESENTATIVES THE SENATE APPROVED________________________________________ (Date and Time) _________________________________________ Jared S.
(a) Completion of 2 years of licensed practice as an occupational therapist.
Polis GOVERNOR OF THE STATE OF COLORADO PAGE 3-HOUSE BILL 26-1042
(b) Completion of 50 hours of face-to-face continuing education from an entity approved by the board on the topic of dry needling, which must include a determination by the instructor that the occupational therapist demonstrates the requisite psychomotor skills needed to safely perform dry needling.
The continuing education must include instruction in all of the following areas:
1.
Theory of dry needling.
2.
Selection and safe handling of needles and other apparatus or equipment used in dry needling, including instruction on the proper handling of biohazardous waste.
3.
Indications and contraindications for dry needling.
4.
Psychomotor skills needed to safely perform dry needling.
5.
Postintervention care, including adverse responses, Page 2 of 4 CODING:
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Words stricken are deletions;
words underlined are additions.
hb867 -01-er F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/HB 867 2026 Legislature adverse event recordkeeping, and any reporting obligations.
(c)1.
Completion of at least 25 patient sessions of dry needling performed under the supervision of an occupational therapist, physical therapist, or chiropractic physician who holds an active license to practice in any state or the District of Columbia, who has actively performed dry needling for at least 1 year, and who documents that he or she has met the supervision and competency requirements and needs no additional supervised sessions to perform dry needling;
or 2.
Completion of 25 patient sessions of dry needling performed as an occupational therapist licensed in any state or in the United States Armed Forces.
(d) A requirement that dry needling may not be performed without patient consent and must be a part of a patient's documented plan of care.
(e) A requirement that dry needling may not be delegated to any person other than an occupational therapist who is authorized to engage in dry needling under this chapter.
(2) The board shall establish additional supervision and training requirements before the performance of dry needling of the head and neck or torso by an occupational therapist if the board deems it necessary for patient safety.
(3) The Department of Health shall, within existing resources, submit a report to the President of the Senate and the Speaker of the House of Representatives on or before Page 3 of 4 CODING:
Words stricken are deletions;
words underlined are additions.
hb867 -01-er F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/HB 867 2026 Legislature December 31, 2028, detailing the number of occupational therapists in the state, the number of occupational therapists in the state performing dry needling, any increases or decreases in the number of occupational therapists in the state by geographic area, and any adverse medical incidents as defined by the board involving occupational therapists in the state performing dry needling.
(4) The performance of dry needling in the practice of occupational therapy does not limit the scope of practice of other licensed health care practitioners not governed by this chapter.
Section 3.
This act shall take effect July 1, 2026.
Page 4 of 4 CODING:
Words stricken are deletions;
words underlined are additions.
hb867 -01-er