Judgment

Massophysiotherapist: exclusion from health professions confirmed

For the Lazio Regional Administrative Court, it is a figure that is characterised by a lack of professional autonomy with accessory and instrumental functions

by Pietro Verna

16 March 2026

Physiotherapist doing healing treatment on man's back. Therapist wearing blue uniform. Osteopathy. Chiropractic adjustment, patient lying on massage table

2' min read

Translated by AI

Versione italiana

2' min read

Translated by AI

Versione italiana

The massophysiotherapist does not fall within the health professions but must be considered a health care professional, a figure that is characterised by a lack of professional autonomy with accessory and instrumental functions. A different solution would be contrary to the Ministry of Health decree of 29 March 2001, which does not include the figure of the masso-physiotherapist among healthcare professions. This was established by the Regional Administrative Court of Lazio in its ruling no. 2129 of 4 February 2026.

The Origin of the Affair

The case originates from the measure by which the Lecce Local Health Authority had denied a mass physiotherapist the authorisation to open a professional practice in light of the Ministry of Health's note no. 00766003 of 11 December 2024 ('The mass physiotherapist, not being a health professional ... therefore lacking professional autonomy ... cannot independently use electro-medical devices that, according to the manufacturer's intended use, are reserved for health professionals').

The interested party had challenged the measure on the ground that he was legitimised to exercise the profession by virtue of the three-year diploma obtained pursuant to Law No 403 of 1971 (Nuove norme sulla professione e sul collocamento dei massaggiatori e massofisioterapisti ciechi) and Ministry of Education Decree No 105 of 1997 (Qualification of massofisioterapista). That argument misses the point.

The terms of the judgment

The Regional Administrative Court confirmed the validity of Article 5 of the Ministry of Health's decree of 9 August 2019 ('enrolment on the special list of masso-physiotherapists does not entail equivalence or equivalence [to] the qualifications required for the exercise of the health professions') in continuity with the 'orientation according to which:

- the masso-physiotherapist may fall within the group of healthcare professionals, with purely auxiliary functions, while he cannot be included within the scope of the healthcare professions, since he is reserved for activities that are nonetheless characterised by the performance of accessory and instrumental functions with respect to the healthcare professions (Council of State, Sec. III, judgment of 7 June 2013, no. 3325);

- the figure of the masso-physiotherapist, insofar as not expressly suppressed as an activity or professional figure, being characterised by the lack of professional autonomy and by a lower level of training, survives and finds a place within the category of healthcare professionals with auxiliary functions (Council of State, Sec. III, judgment of 9 March 2018, no. 1520), so that the only health profession figure destined to provide rehabilitative treatments of a higher complexity and endowed with adequate university training is that of the physiotherapist (Lazio Regional Administrative Tribunal, judgment of 24 July 2024, no. 15124).

Hence the decision of the Lazio Regional Administrative Court: 'Massophysiotherapists cannot independently open their own professional studio where they can carry out activities proper to the health professions without the supervision of a health professional or use medical devices'.