Understanding Dry Needling Regulations in NY: Who Can Legally Treat You?

Author: Dr. Jordan Barber, DAOM, L.Ac |  Topic: NY Health Law & Scope of Practice

If you are searching for “dry needling in NYC” or asking “Can a Physical Therapist dry needle in NY?”, you are likely finding conflicting information. While states like New Jersey or Connecticut allow various providers to perform this treatment, New York State Law (Article 160) maintains some of the strictest regulations in the country.

The Short Answer: In New York, “dry needling” is legally considered acupuncture. Therefore, it is strictly prohibited for Physical Therapists, Chiropractors, and Athletic Trainers. It is restricted to Licensed Acupuncturists and Medical Doctors who hold a specific state certification.

This guide provides a definitive breakdown of the regulations, citing Office of the Professions (OPD) determinations and Education Law to clarify the legal grey areas for MDs and Nurse Practitioners.

The Legal Logic: Why “Dry Needling” IS Acupuncture in NY

To understand the law, you must understand the definition. New York does not have a separate license for “dry needling.” Instead, the state looks at the tool (the needle) and the intent (therapeutic change).

We can determine the legality using this simple logical deduction based on NY Education Law Article 160, Section 8211:

1. The Law: The “Profession of Acupuncture” is defined as treating by means of mechanical stimulation effected by the insertion of needles at a point on the body for a therapeutic purpose.
2. The Act: “Dry Needling” involves inserting a filiform needle into a trigger point for the therapeutic purpose of pain relief.
3. The Conclusion: Therefore, under NY Law, Dry Needling IS Acupuncture.

Because the act is legally defined as acupuncture, only providers who are licensed or explicitly exempt under Article 160 may perform it.

Table: Who Can Legally Dry Needle in NY?

The following table summarizes the legal authority for each profession to perform dry needling (acupuncture) in New York State.

Detailed Regulatory Breakdown

1. Physical Therapists & Chiropractors

Can a PT or Chiro dry needle in NY? No. Unlike other states, the New York State Office of the Professions has historically maintained a strict stance.

• Physical Therapy: The State Board has determined that dry needling is an “invasive procedure” that falls outside the scope of practice for PTs in New York.
• Chiropractic: The scope of practice for chiropractors in NY is limited to the detection and correction of subluxations and does not include invasive procedures involving skin penetration.
• The Risk: A PT or DC performing dry needling in NY is risking their license for practicing acupuncture without a license.

2. Medical Doctors (MDs & DOs) — The “Grey Area”

Can a doctor do dry needling in NY? Only if Certified. A common misconception is that a medical license covers “everything.” However, the acupuncture law creates a specific restriction.

• The Law: Section 8216 of Article 160 states that a licensed physician may practice acupuncture only if they are “certified to practice acupuncture” by the department.
• The Requirement: NYCRR Part 60.9 specifies that this certification generally requires 300 hours of formal training (200 didactic + 100 clinical).
• The Problem: Many MDs take a weekend “dry needling” course (20-50 hours). This does not meet the NYS requirement. An MD performing dry needling without the full Article 160 certification is operating in a legal grey area and may be legally liable for practicing outside their authorized privileges.

3. Nurse Practitioners (NPs)

Can a Nurse Practitioner dry needle in NY? Probably No. This is a high-risk area for NPs.

• Missing Exemption: Article 160 lists exemptions for Physicians and Dentists to perform acupuncture. It does not list Nurse Practitioners.
• Scope Issues: While NPs have “Full Practice Authority,” they cannot perform procedures restricted to other licensed professions (like Acupuncture) without explicit statutory permission. Since they are not in Article 160, performing dry needling is likely prohibited.

Why Choose a Subject Matter Expert?

If you are seeking dry needling in NYC, you need a provider who is not just “technically allowed” to do it, but one who has mastered it.

Dr. Jordan Barber, DAOM, L.Ac is a Subject Matter Expert in the field of dry needling and integrative pain management.

• Doctor of Acupuncture & Oriental Medicine (DAOM): Holding the highest level of education in the field.
• Legally Compliant: Fully licensed under Article 160, eliminating any “grey area” risks regarding your care.
• Clinical Excellence: Dr. Barber specializes in complex orthopedic cases, treating the root cause of pain with precision that weekend-certified providers cannot match.

Don’t settle for a provider wondering if they are “allowed” to treat you. Choose the expert.

👉 Book an Appointment with Dr. Jordan Barber in NYC  Subject Matter Expert in Dry Needling & Orthopedic Acupuncture

References & Citations

NYS Education Law Article 132: Chiropractic Scope of Practice.

NYS Education Law Article 160, § 8211: Definitions of the Profession of Acupuncture.

NYS Education Law Article 160, § 8216: Exemptions (Requirements for Physicians & Dentists).

NYCRR Part 60.9: Requirements for Certification of Physicians and Dentists in Acupuncture.

NYS Office of the Professions: State Board for Physical Therapy Practice Information.