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Any Legal Issues if PT or OT Providers Offer Aquatic Fitness Instruction?

What duty of care a physical therapist owes when teaching an aquatic fitness class rather than treating a patient, and where to read more.

Published by Aquatic Therapy University2 min read

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First published February 7, 2024 on atuseminars.com

Can a therapist take off the therapy hat and teach a water fitness class? This short post shares an excerpt from an article that frames the legal question well, and asks what you think.

Want to go deeper? Explore the 12 Ways to Progress Any Aquatic Exercise course →

A woman in workout clothes holds her lower back.
A fitness instructor's duty to class participants is not the same as a therapist's duty to a patient.
The duty of care is determined by the expectations of the individual seeking the ...services as well as the qualifications of the person providing the service. When individuals seek fitness services from nonmedical instructors, they expect a general exercise program, not medical care; therefore, the fitness instructor’s duty to the participant does not rise to the level of what is expected in a patient-therapist relationship. The fitness instructor has a general duty to instruct exercises that are safe but no duty to examine individual participants and modify their exercises when individuals complain of pain as they would if the participant was a patient. So what duty of care is expected of the physical therapist acting as the fitness instructor?

The excerpt shown above is pulled from an article entitled Legal Issues for Physical Therapists Who Provide Fitness Services1. While the article is not specific to aquatics, it addresses the issues at hand nicely. Click the link to see what your options are.

The article behind the excerpt

  • Simons (2010) discusses the legal issues for physical therapists who provide fitness services, including the duty of care quoted above.1 The old PDF link no longer works, so the reference below points to the journal record.

This post is not legal advice. Laws and practice acts vary by state.

Frequently asked questions

Does a therapist teaching a fitness class owe the same duty of care as in therapy?

Not necessarily. The duty of care depends on what the participant expects and on the instructor’s qualifications, which is why therapists should be clear about which role they are in (Simons, 2010).

Is this post legal advice?

No. Laws and practice acts vary by state, so check with your own state board or an attorney (Aquatic Therapy University, 2024).

References

Reference

  1. Simons G. Legal issues for physical therapists who provide fitness services. Top Geriatr Rehabil. 2010;26(4):324-334. doi:10.1097/TGR.0b013e3181fee769.

How to cite this article

First published February 7, 2024 on atuseminars.com · Last updated October 19, 2026 · Permanent URL: https://www.aquatictherapyuniversity.com/blog/any-legal-issues-if-pt-or-ot-providers-offer-aquatic

How to cite

Aquatic Therapy University. (2024, February 7). Any Legal Issues if PT or OT Providers Offer Aquatic Fitness Instruction? Aquatic Therapy University Blog. ATU Educational Services, LLC. https://www.aquatictherapyuniversity.com/blog/any-legal-issues-if-pt-or-ot-providers-offer-aquatic

Permissions: You may quote and cite this article with attribution. Reproducing or adapting the full article requires written permission from ATU Educational Services, LLC.

For education only; not a substitute for individual clinical judgment.