According to the Code of Virginia, Chapter 34.1 of Title 54.1 Physical Therapy, 54.1-3473 Definitions, the "practice of physical therapy means that branch of the healing arts that is concerned with, upon medical referral and direction, the evaluation, testing, treatment, reeducation and rehabilitation by physical, mechanical or electronic measures and procedures of individuals who, because of trauma, disease or birth defect, present physical and emotional disorders. The practice of physical therapy also includes the administration, interpretation, documentation, and evaluation of tests and measurements of bodily functions and structures within the scope of practice of the physical therapist. However, the practice of physical therapy does not include the medical diagnosis of disease or injury, the use of Roentgen rays and radium for diagnostic or therapeutic purposes or the use of electricity for shock therapy and surgical purposes including cauterization. (2000, c. 688; 2001, c. 858.)" Whereas the definition of acupuncture (Virginia Code, Statute 54.1-2900), states the "Practice of acupuncture" means the stimulation of certain points on or near the surface of the body by the insertion of needles to prevent or modify the perception of pain or to normalize physiological functions, including pain control, for the treatment of certain ailments or conditions of the body and includes the techniques of electroacupuncture, cupping and moxibustion. 

"There is no express recognition of dry needling or intramuscular stimulation within the definition of “physical therapy”. Nor does anything in the statute’s legislative history address whether invasive procedures generally, or the use of needles in particular, are to be included or prohibited. Accordingly, if it is to be viewed as a permissible technique, it must be recognized within the context of the other enumerated treatments and functions. In construing a statute, the goal is to effectuate legislative intent in light of the language used and the object sought to be achieved. In discerning legislative intent, courts look first to the statute’s plain language, and “examine that language sensibly, in the context of the overall scheme in which the Legislature intended the provision to operate”. N.J. Dep’t of Envtl. Prot. v. Huber, 213 N.J. 338, 365 (2013) (citation omitted); see also N.J.S.A. 1:1-1 (in statutory construction, “words and phrases shall be read and construed with their context, and shall, unless inconsistent with the manifest intent of the legislature or unless another or different meaning is expressly indicated, be given their generally accepted meaning, according to the approved usage of the language.”) If the literal words give rise to an unclear or ambiguous meaning, with more than one plausible interpretation, or to an absurd result, courts look to extrinsic evidence, including legislative history and contemporaneous construction. 

Traditionally, the modalities used in physical therapy have not involved the piercing of the skin, witnessing the treatments delineated in the definition of physical therapy above which do not involve invasive procedures. There has been a longstanding understanding that the scope of physical therapy practice has specifically excluded needle electromyography." (13-0024 - Scope of Physical Therapy Practice – Dry Needling)