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Delegation to Licensed and Unlicensed Personnel

By Adrienne Hersh, JD, ICS Legal Counsel · July 18, 202417 min read
Delegation
Delegation to Licensed and Unlicensed Personnel
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[Editor's Note:  This important issue resurfaces periodically in regulatory and insurance investigations of ICS members.  This week the Illinois Department of Financial and Professional Regulation contacted an ICS physician member to investigate a complaint for “aiding and abetting the unlicensed practice of massage therapy,” because the physician delegated certain patient care tasks to a trained but unlicensed massage therapist employee in his office.  The physician had followed proper delegation procedures, which the ICS initiated and had codified in the law, as explained in this article.  Following the doctor’s confirmation with ICS staff, he advised the investigator he had compliantly followed the guidance in this article.  The IDFPR staff agreed and closed the case.  This illustrates the significance of proper delegation of tasks and the role of the ICS in protecting members and the profession.]

The authority of a physician to delegate patient care to office staff may well be one of the most important tools in running a chiropractic practice. In fact, it would be difficult to imagine how a practice could function if the physician were required to perform every task involved in the patient encounter.

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About the Author

Adrienne serves as Illinois Chiropractic Society general counsel and provides legal advice and support on a wide range of legal issues affecting chiropractic physicians, including licensing and other health care regulations, scope of practice, insurance and reimbursement, business structuring, labor and employment, contracts, and litigation. Adrienne previously served for 8 years as general counsel to the Illinois Department of Professional Regulation (now the Division of Professional Regulation, Department of Financial and Professional Regulation), where she was chief legal counsel responsible for overseeing all legal issues and advising the 50+ licensing and disciplinary boards, including the Medical Disciplinary Board and the Medical Licensing Board. She is a member of the Illinois State Bar Association Health Care Section, the Illinois Association of Healthcare Attorneys, and the National Association of Chiropractic Attorneys.

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