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Utilization of Medical AssistantsTo: Interested Parties From: The Executive Secretary to the New York State Board for Medicine Re: Utilization of Unlicensed Persons in Clinical Settings and Private Medical Offices Date: April 2010, revised December 2019 It has come to the attention of the Office of the Professions that a significant number of physicians’ offices are utilizing unlicensed persons to assist in the care of their patients. The Board for Medicine takes this opportunity to clarify the functions that can be performed by such unlicensed persons. Section 6530 (11) of Education Law states that "permitting, aiding or abetting an unlicensed person to perform activities requiring a license" constitutes unprofessional conduct. Accordingly, medical tasks may only be delegated to persons who are authorized by law to perform the delegated task. The fact that an unlicensed person may be "capable" of performing the task does not confer legal authorization for him/her to engage in an activity that is restricted to licensed persons. Licensed professionals, including physicians, who knowingly delegate a medical task to a person who is not legally authorized to perform such a task are guilty of professional misconduct. Below are lists of tasks that can and cannot be performed by unlicensed persons in New York State. These lists include those tasks that the board offices most frequently receive questions about from practitioners. However, they are not exhaustive lists. Thus, practitioners may be called upon to make determinations as to whether tasks that are not mentioned in these lists may be delegated to an unlicensed person. In making those determinations, practitioners with authority to order and/or delegate medical tasks should be guided by the principle that tasks that require the exercise of medical judgment and assessment, or tasks that are specifically restricted to licensed professionals, may not be delegated to unauthorized persons. Such tasks must be performed by licensed persons who, by virtue of their education and licensure, are presumed to possess the level of professional judgment and assessment skills that will ensure safe practice1. Unlicensed persons may not perform any tasks protected or restricted under the scope of practice of any other licensed profession. This document specifically refers to unlicensed persons assisting in medical procedures. 1 It should be noted that, pursuant to 8 NYCRR §29.1(b)(9), unprofessional conduct includes practicing or offering to practice beyond the scope permitted by law, or accepting and performing professional responsibilities which the licensee knows or has reason to know that he/she is not competent to perform, or performing without adequate supervision professional services which the licensee is authorized to perform only under the supervision of a licensed professional, except in an emergency situation where a person's life or health is in danger. Please note that “Medical Assistant” is not a title that is licensed or otherwise recognized in New York State. Persons who have obtained certification as Certified Medical Assistants, through a national organization, may present that credential to employers. But that does not afford them any additional privileges to perform extra tasks in New York State because they are still unlicensed persons. It is good practice for practitioners to identify unlicensed persons and their role to patients. Tasks that may be performed by unlicensed persons must be performed after appropriate training and the supervising physician is responsible for determining if the unlicensed person is capable of performing such task or tasks. Tasks that may be performed by unlicensed persons include the following:
Tasks that cannot be performed by unlicensed persons include:
The Board trusts that this information is helpful and urges you to assist your professional colleagues by disseminating this information. If we can be of assistance in any way, please do not hesitate to contact us by e-mail or by telephone at 518-474-3817 ext. 560 More information on Medical Assistants Which one of the following instructions should a medical assistant provide to a patient regarding transdermal patch use and care?Which of the following instructions should a medical assistant provide to a patient regarding transdermal patch use and care? Make sure to rotate patch placement to avoid skin irritation.
Which of the following should a medical assistant identify as the purpose of a category two code in procedural coding?The Category 2 CPT medical code set consists of the supplementary tracking codes that are used for performance measures and are intended to help collect information about the quality of care delivered.
Which of the following actions should the medical assistant take when administering oxygen to the patient?which of the following actions should the medical assistant take when administering oxygen to the patient? insert the tips of the cannula into the the patient's nostrils. a medical assistant is composing business correspondence using the simplified letter style.
Which of the following muscles should the medical assistant use as the appropriate site when instructed to administer an injection to a child less than 1 year of age?The vastus lateralis muscle is the preferred site for administration of immunizations to newborns, infants, toddlers, and children up to 3 years old. The deltoid muscle is the acceptable site for administration of routine immunizations in children 3 to 18 years old who have acceptable muscle mass and development.
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