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Use of Unlicensed Individuals

Disclaimer: Law, rules and regulations, not Alerts, specify the requirements for practice and violating them constitutes professional misconduct. Not adhering to this Alert may be interpreted as professional misconduct only if the conduct also violates pertinent law, rules and regulations, some citations of which are listed at the end of this Alert.

Unlicensed individuals, who may also be referred to as unlicensed aides, may not perform tasks that are within the chiropractic scope of practice, which include tasks that require professional or clinical judgment."

Tasks that may be performed by unlicensed individuals include, but are not limited to, general office work, preparing equipment, assisting the chiropractor in providing treatment, and the collection and recording of patient data under the direct supervision of a chiropractor. However, the unlicensed individual may not initiate, adjust or perform treatment programs, assume responsibilities for planning patient care, or interpret referrals.

Pursuant to Education Law §6509(7), unprofessional conduct by a licensee, like a chiropractor, includes permitting, aiding or abetting an unlicensed individual to perform activities/tasks that require a license. Additionally, under 29.1(b)(10) of the Commissioner's regulations, unprofessional conduct by a licensee includes delegating professional responsibilities to a person when the licensee delegating such responsibilities knows or has reason to know that such person is not qualified, by training, by experience or by licensure to perform them.

Citations of Pertinent Law, Rules or Regulations: