The
Office of the Professions has recently brought to light the issue of unlicensed
persons assisting in medical settings in New York State. Even though it may
seem helpful to have additional support in caring for patients, you should keep
in mind the limitations on the tasks that can be performed by unlicensed
persons.
According to Section 6530(11) of the Education Law, allowing unlicensed persons to perform activities requiring a license constitutes unprofessional conduct. Providers can delegate medical tasks only to those authorized by law. Even if an unlicensed person is capable of performing a task, it does not confer legal authorization for them to engage in an activity that is restricted to licensed professionals.
Licensed professionals, including physicians, who knowingly delegate medical tasks to unlicensed persons are guilty of professional misconduct. In other words, tasks that require the exercise of medical judgment and assessment, or those that are specifically restricted to licensed professionals, may not be delegated to unauthorized persons. Only individuals with a license who possess the level of professional judgment and assessment skills that ensure safe practice can perform such tasks.
It is essential to note that the title “Medical Assistant” is not licensed or recognized in New York State. Even if an individual has obtained certification as a Certified Medical Assistant from a national organization, they are still considered unlicensed persons in New York State. While certification may present a credential to employers, it does not afford them additional privileges to perform extra tasks.
Practitioners should identify unlicensed employees and their role to patients to ensure transparency and safety in medical settings. Unlicensed persons can perform particular tasks, such as secretarial work, measuring vital signs, performing ECGs, assisting authorized practitioners under direct and personal supervision for specific tasks that do not require medical judgment, and more.
However, there are also tasks that unlicensed workers cannot perform. These include triage, administering medications, drawing up or administering vaccinations or immunizations, inserting or removing IVs or catheters of any kind, and performing EMGs or other nerve conduction studies.
The supervising physician is responsible for determining if an unlicensed person is capable of performing a particular task after appropriate training. Tasks that can be performed by unlicensed persons must be done so with proper training and under appropriate supervision.
Never forget that it is crucial to follow the legal requirements and limitations in delegating tasks to ensure the safety and well-being of patients. Be aware of what can and cannot be performed by unlicensed persons, and inform your patients of the role and qualifications of all individuals involved in their care.
