-by Bryan Snoddy, TBCE General Counsel

No discussion of practice in Texas is ever complete without first identifying the authority which permits a licensee to engage in that scope of practice. The Chiropractic Act, section 201.002, permits a D.C. to perform modalities that “are nonsurgical” and “nonincisive” that “improve the subluxation complex or the biomechanics of the human body.” As described in an opinion authored by the Office of the Attorney General, which was recently affirmed by a Texas district court, acupuncture is a modality that is appropriate to use. So, where does dry-needling fit in?

Under Rule 78.14(a), the Board has stated that acupuncture and its related practices may be used to diagnose and treat “by stimulating specific points on or within the musculoskeletal system….to obtain a biopositive reflex response by nerve stimulation.” Just using the principle of plain language, dry-needling uses the same filament needles as one would use in acupuncture. Thus, the Board draws no distinction from one practicing dry-needling or acupuncture and finds it to be a related practice.

Of course, they are different concepts, but from a purely regulatory perspective, licensees should be aware that if you are performing dry-needling, then you must comply with the acupuncture rules.

If you were licensed PRIOR TO January 1, 2010, you must either:

1) Complete at least one-hundred (100) hours training in undergraduate or postgraduate classes in the use and administration of acupuncture provided by a bona fide reputable chiropractic school or by an acupuncture school approved by the Texas State Board of Acupuncture Examiners;

2) Complete the national standardized certification examination in acupuncture offered by

a. National Board of Chiropractic Examiners; or

b. National Certification Commission for Acupuncture and Oriental Medicine;

3) Complete at least one-hundred (100) hours training in the use and administration of acupuncture in a course of study approved by the Board; or

4) Be an existing licensee that has been trained in acupuncture, that has been practicing acupuncture in good standing in Texas and any other jurisdiction that has met the hour(s) requirement by counting each year of practice as ten (10) hours of training in the use and administration of acupuncture.

If you were licensed AFTER January 1, 2010, you must complete the national standardized certification examination in acupuncture offered by:

1) National Board of Chiropractic Examiners; or

2) National Certification Commission for Acupuncture and Oriental Medicine.

Rule 78.14 is clear. If you are practicing acupuncture and its related practices, like dry-needling, you must practice according to the Board’s rules. Don’t get caught out of compliance; failure to comply can cost you up to $1,000 per day of noncompliance.

Story Source TBCE Newsletter September 1, 2015