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Sen. Still’s dry-needling bill wins committee "do pass" after debate on training and advertising
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Summary
The Senate Services Committee advanced LC520991S, a measure that defines dry needling, limits truth-in-advertising claims by nonacupuncturists and sets a 50-hour minimum training requirement for occupational therapists; the committee gave a voice "do pass" recommendation and the motion was seconded by Sen. Orrock.
The Senate Services Committee voted to advance LC520991S, a bill from Sen. Still that polices how dry needling is defined and marketed and sets minimum training for nonacupuncturists who provide the therapy. The committee took a voice "do pass" recommendation after a brief presentation and questions.
Sen. Still, the bill sponsor, said the substitute clarifies the distinction between traditional Chinese medicine acupuncture and dry needling performed by physical and occupational therapists. "Traditional Chinese medicine acupuncture is really focused on chi points, putting in, inserting needles, leaving needles in to perform different levels of therapies," he said, adding that when therapists use the technique they more commonly "insert the needle, remove it to be able to stimulate and reactivate a muscle." He said the Georgia Medical Licensing Board had helped craft the definition.
The bill requires that "no person shall perform" dry needling unless they are "duly licensed as an acupuncturist, occupational therapist, or physical therapist and completed the education and training as prescribed," and it adds a specific line that dry needling must be for a therapeutic effect. Sen. Still also said section language was revised at the acupuncture industry's request so that after years of training acupuncturists would not be required to complete an additional year of postgraduate experience.
A contested but clarifying point centered on language in lines 38–40 of the substitute, which states that a violation "shall not constitute a private cause of action." Sen. Hodges asked whether that phrasing would prevent patients from pursuing legal remedies. Sen. Still replied that it would not eliminate malpractice or other remedies, saying a clinically serious error "could touch the lung" and "it’s called a pneumothorax," which would give rise to malpractice claims in the appropriate case. "We just want to make sure that that was not a right of action because that would be an acupuncturist bringing suit against, for example, an OT," he said.
Committee members who have followed the issue for years described a long path to the current compromise. Sen. Orrock recalled earlier opposition from the medical association and said the field had "come a very long way." Several members described personal or committee familiarity with the practice and urged caution and clarity in the standards.
After discussion, a motion to give the bill a "do pass" recommendation was made and seconded by Sen. Orrock. The committee approved the motion by voice vote; the chair characterized the result as unanimous. The record does not include a roll-call tally.
The committee adjourned after introducing a visiting physician in the gallery. The bill will move forward consistent with committee procedures.
