Concerning dry needling by occupational therapists.
Summary
HB 26-1042 authorizes occupational therapists in Colorado to perform dry needling beginning September 1, 2027, but only if they meet specified competency and training requirements. The bill requires an occupational therapist to have the knowledge, skill, ability, and documented competency to perform the procedure, to complete a dry needling course of study that satisfies supervisory, educational, and clinical prerequisites established by rule, and to obtain written informed consent from each patient before treatment. The informed consent must include information about the potential benefits and risks of dry needling and a statement that the occupational therapist is not an acupuncturist.
The bill also directs the director of the Division of Professions and Occupations in the Department of Regulatory Agencies to adopt rules by June 1, 2027, to set the minimum requirements for occupational therapists to perform dry needling. Those rules must be at least equivalent to the requirements already adopted for physical therapists, and the director must seek input from the Colorado Medical Board before adopting them. The bill expressly states that dry needling performed by an occupational therapist under this section is not the practice of acupuncture and does not violate Colorado's acupuncture law.
Impact
The bill amends Colorado law by adding a new statutory section governing dry needling by occupational therapists and carving this activity out from the state’s acupuncture restrictions when performed in compliance with the new requirements. It creates a new regulatory framework under the Division of Professions and Occupations, with rulemaking authority and a public-protection standard tied to existing physical therapy dry needling rules. The measure affects occupational therapists, patients receiving dry needling, the Division of Professions and Occupations, and indirectly the Colorado Medical Board and acupuncture-related licensing provisions.
Sentiment
The available record suggests the bill moved forward without recorded opposition in the provided materials and was ultimately signed by the governor. Its structure indicates a generally permissive but regulated approach, reflecting support for expanding occupational therapy practice while maintaining training, competency, and informed-consent safeguards. The absence of committee transcript excerpts or recorded votes limits the ability to identify detailed debate, but the final enactment suggests the proposal was broadly acceptable to lawmakers and stakeholders.
Contention
The main policy issue is whether occupational therapists should be allowed to perform dry needling and, if so, under what safeguards. Potential points of contention include whether the training and competency standards should mirror those for physical therapists, whether the procedure should be treated as distinct from acupuncture, and whether the rulemaking authority gives sufficient protection to the public. The requirement to obtain informed consent and to state that the therapist is not an acupuncturist suggests sensitivity to concerns from acupuncture practitioners and regulators about scope-of-practice boundaries.