Florida Statutes

Fla. Stat. § 486.161 (2025)

Exemptions.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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486.161 Exemptions.—

(1) No provision of this chapter shall be construed to prohibit any person licensed in this state from using any physical agent as a part of, or incidental to, the lawful practice of her or his profession under the statutes applicable to the profession of chiropractic physician, podiatric physician, doctor of medicine, massage therapist, nurse, osteopathic physician or surgeon, occupational therapist, or naturopath.

(2) No provision of this chapter shall be construed to prohibit:

(a) Any student who is enrolled in a school or course of physical therapy approved by the board from performing such acts of physical therapy as are incidental to her or his course of study; or

(b) Any physical therapist from another state from performing physical therapy incidental to a course of study when taking or giving a postgraduate course or other course of study in this state, provided such physical therapist is licensed in another jurisdiction or holds an appointment on the faculty of a school approved for training physical therapists or physical therapist assistants.

(3) No provision of this chapter prohibits a licensed physical therapist from delegating, to a person qualified by training, experience, or education, specific patient care activities, as defined and limited by board rule, to assist the licensed physical therapist in performing duties in compliance with the standards of the practice of physical therapy. Specific patient care activities, as defined and limited by board rule, must be performed under the direct supervision of the licensed physical therapist or physical therapist assistant in the immediate area, if the person is not a licensed physical therapist assistant.

History.—s. 16, ch. 57-67; s. 2, ch. 65-170; s. 5, ch. 78-278; s. 2, ch. 79-116; ss. 2, 3, ch. 81-318; ss. 21, 24, ch. 83-86; ss. 17, 18, ch. 86-31; s. 64, ch. 89-374; s. 4, ch. 91-429; s. 326, ch. 94-119; s. 472, ch. 97-103; ss. 219, 288, ch. 98-166.

Notes of Decisions

Cited in 5 cases (2 in the last 5 years), 2004–2022 · leading case: Gov't Emps. Ins. Co. v. Quality Diagnostic Health Care, Inc., 369 F. Supp. 3d 1292 (S.D. Fla. 2019).

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Gov't Emps. Ins. Co. v. Quality Diagnostic Health Care, Inc., 369 F. Supp. 3d 1292 (S.D. Fla. 2019). · cites it 14× “However, Defendants point to the exemptions to the physical therapy licensing requirement found in Fla. Stat. § 486.161 as the basis for allowing a massage therapist to perform physical therapy without a license and without *1300 supervision.”

State Farm Mut. Auto., Ins. Co. v. Universal Med. Ctr. of South Florida, Inc., 881 So. 2d 557 (Fla. 3d DCA 2004). · cites it 4× “Section 486.161 requires the physical therapists to be licensed, unless the physical therapists are exempt pursuant to section 486.”

Gov't Employees Ins. Co. v. Zeya (M.D. Fla. 2021). · cites it 3× “53 at 8); see § 486.161, Fla. Stat.7 Defendants believe this provision made it legitimate for Reyes, Ortega, and Suarez—licensed massage therapists—to “perform the alleged codes under their own license even if not under supervision.”

Gov't Employees Ins. Co. v. The Right Spinal Clinic, Inc. (M.D. Fla. 2022). · cites it 2× “See § 486.161(1), Fla. Stat. Cf State Farm Mut.”

State Farm Mut. Auto. Ins. Co. v. Health & Wellness Servs., Inc. (S.D. Fla. 2020). · cites it 2× “” Fla. Stat. § 486.161 . Correspondingly, Pain Relief relies on several cases that indicate, generally, that a massage therapist can use certain “physical agents” to assist the massage therapist in performing massage.”

— 486.161(1) — 3 cases

State Farm Mut. Auto., Ins. Co. v. Universal Med. Ctr. of South Florida, Inc., 881 So. 2d 557 (Fla. 3d DCA 2004). “Section 486.161 requires the physical therapists to be licensed, unless the physical therapists are exempt pursuant to section 486.”

Gov't Employees Ins. Co. v. Zeya (M.D. Fla. 2021). “53 at 8); see § 486.161, Fla. Stat.7 Defendants believe this provision made it legitimate for Reyes, Ortega, and Suarez—licensed massage therapists—to “perform the alleged codes under their own license even if not under supervision.”

Gov't Employees Ins. Co. v. The Right Spinal Clinic, Inc. (M.D. Fla. 2022). “See § 486.161(1), Fla. Stat. Cf State Farm Mut.”

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