Abusive exercise of the medical profession for the physiotherapist who makes diagnoses

The offence of abusive exercise of the medical profession for the physiotherapist who makes a diagnosis and draws up the treatment plan is brought. The Court of Cassation dismissed the appeal against the sentence imposed on the professional who, on the basis of the disorders complained of by patients, identified the problem and the treatment, thus invading a field reserved forphysicians and physiatrists. The judges of legitimacy recall, in fact, that the degree in physiotherapy does not allow those who obtain it to make diagnoses, but only to carry out, even autonomously, "executive activities of the medical prescription".

The decision is in line with the professional profile of the physiotherapist regulated under Law 251/2000 on health professions, which circumscribes his or her scope of activity. A law, implemented by the ministerial decree of 29 March 2001, which outlines the figure of the physiotherapist 'as a professional subject who carries out his own activity within the framework of the healthrehabilitation professions for the complete realisation of the citizen's right to health'. This - the Supreme Court emphasises once again - without any possibility of indicating a diagnosis and making a prescription. A clearly delineated role that was not respected by the appellant who, according to the offended persons, taking note of the pain reported by the patients, had identified the therapeutic remedies.