4. a. Dry needling shall only be performed by a physical therapist who meets the requirements of subsection a. of section 3 of P.L.2021, c.382 (C. 45:9-37.34j), and the performance of dry needling shall not be delegated to a physical therapist assistant or student physical therapist. A physical therapist who meets the requirements to provide dry needling shall only utilize the specific dry needling techniques for which the physical therapist has completed instruction and demonstrated competency.

b. For patients who receive an order, prescription, or referral for physical therapy from a New Jersey-licensed physician, osteopathic physician, or podiatric physician, dry needling shall only be performed on the patient after the physical therapist licensed in New Jersey to perform dry needling communicates with the physician who ordered, prescribed, or referred the patient to physical therapy. This communication shall address the physical therapy diagnosis of the patient, the specific dry needling technique that the physical therapist intends to utilize in the treatment of the patient, the proposed number, size, and insertion points of the needles, and any elevated risk factors that the patient may have. The physical therapist shall maintain documentation of such communication in the patient record. In no event shall a physical therapist perform dry needling on a patient if, in the medical judgment of the physician who ordered, prescribed, or referred the patient to physical therapy, dry needling is contraindicated or clinically inappropriate and such judgment is clearly communicated to the physical therapist by the physician.

c. A physical therapist shall obtain written informed consent from each patient prior to the provision of dry needling. The patient shall receive a copy of the written informed consent and the physical therapist shall retain a copy in the patient’s record. The informed consent shall include, at a minimum, the following:

(1) the patient’s signature;

(2) the risks, benefits, and possible complications of dry needling;

(3) the treatment alternatives to dry needling;

(4) the physical therapist’s level of education regarding supervised hours of training in dry needling;

(5) the importance of consulting with the patient’s physician regarding the patient’s condition; and

(6) a clearly and conspicuously written statement that the patient is not receiving acupuncture, which shall include the following language: “DRY NEEDLING IS A TECHNIQUE USED IN THE PRACTICE OF PHYSICAL THERAPY TO TREAT MYOFASCIAL, MUSCULAR, AND CONNECTIVE TISSUES FOR THE MANAGEMENT OF NEUROMUSCULAR PAIN AND MOVEMENT DYSFUNCTION. DRY NEEDLING TECHNIQUE SHOULD NOT BE CONFUSED WITH AN ACUPUNCTURE TREATMENT PERFORMED BY A LICENSED ACUPUNCTURIST.”

d. A physical therapist shall only use filiform needles labeled in accordance with the United States Food and Drug Administration guidelines when performing dry needling.

e. A physical therapist shall perform dry needling in a manner that is consistent with generally accepted standards of practice including clean needle techniques, safe disposal of sharp objects, and the Occupational Safety and Health Administration’s bloodborne pathogens standard.

f. A physical therapist shall maintain documentation in the patient record of each dry needling session. The documentation shall include the treatment performed, the patient’s response to the treatment, and any adverse reactions or complications to the treatment.

g. If requested by the board or a member of the general public, a physical therapist practicing dry needling shall provide documentation of the education and training completed by the physical therapist as required under section 3 of P.L.2021, c.382 (C. 45:9-37.34j). The failure to provide documentation in response to a request by the board or a member of the general public shall be deemed prima facie evidence that the physical therapist has not received the required training and shall not be permitted to perform dry needling.

L.2021, c.382, s.4.