An Act To Amend Title 24 Of The Delaware Code Relating To The Scope Of Practice Of Licensed Occupational Therapy Practitioners.
Summary
HB 106 amends Delaware’s occupational therapy licensing law to expressly include dry needling within the scope of occupational therapy practice. The bill defines dry needling as the use of a thin filiform needle to treat neuromusculoskeletal pain and movement impairments by stimulating muscular and connective tissue trigger points, and it ties that practice to occupational therapy examination and diagnosis. It also updates the statutory definition of occupational therapy services to include dry needling among the interventions that may be used in practice.
The bill adds specific guardrails for occupational therapists and occupational therapy assistants who perform dry needling. A written physician referral specific to dry needling is required before the procedure may be performed, though the referral may be transmitted electronically. The bill also prohibits these practitioners from advertising or otherwise holding themselves out as acupuncturists unless they are separately licensed as acupuncturists, and it authorizes the Board to adopt training and practice standards by regulation. The act takes effect six months after enactment.
Impact
HB 106 would amend Title 24 of the Delaware Code, Chapter 20, by expanding the legal scope of occupational therapy practice and clarifying the conditions under which dry needling may be performed. It would affect licensed occupational therapists and occupational therapy assistants, as well as the Board responsible for regulating the profession, by creating a new statutory basis for dry needling and allowing the Board to set training and practice standards. The bill also reinforces the boundary between occupational therapy and acupuncture in state law.
Sentiment
The available bill text and synopsis suggest generally supportive sentiment, with the measure presented as a professional scope-of-practice expansion rather than a controversial policy shift. The synopsis frames the bill as clarifying and regulating an existing or emerging practice area, and there is no committee transcript or recorded vote history in the provided materials showing opposition or debate. Overall, the bill appears to have been introduced in a straightforward, technical manner focused on defining practice authority and safety requirements.
Contention
The main points of potential contention are the expansion of occupational therapy into dry needling and the requirement for a physician referral before the procedure can be performed. Supporters would likely view the bill as modernizing practice standards and allowing occupational therapists to use an additional treatment tool, while critics could question whether dry needling should fall within occupational therapy at all or whether the referral requirement is sufficient oversight. The prohibition on holding oneself out as an acupuncturist also reflects a boundary-setting issue between occupational therapy and acupuncture, which may be relevant to professional licensing concerns.