New York State Chiropractors and Performing COVID-19 Tests

From the NYSCA Executive Director's Office

Re: Can a DC hire a nurse to perform the COVID-19 IgG/IgM Rapid 10-Minute fingerstick test for antibodies during the current pandemic?


DRAFTED BUT NOT PROOFREAD

A member relates, then asks:

In the midst of the current pandemic, I have heard that some enterprising chiropractors in New York State have hired nurses to perform a COVID- 19 IgG/IgM Rapid 10 minute fingerstick test on members of the public to see if antibodies to the SARS-CoV2 virus are present in the blood of persons tested and that the DCs are charging persons $50 per person, per test to have the tests performed and analyzed.

  • Q1: Is the COVID-19 IgG/IgM Rapid 10 Minute fingerstick test within the scope of chiropractic practice in New York?
  • Q2: Can a doctor of chiropractic hire a nurse to perform the COVID-19 IgG/IgM Rapid 10 Minute fingerstick test and then analyze these tests on behalf of the individual chiropractor(s) or chiropractic clinics’ retaining the nurse?

A1&2: In my estimation, the answer to both of these questions is “no.” That is, in my opinion:

  • No, the COVID-19 IgG/IgM Rapid 10 Minute fingerstick test does not come within the ambit of the scope of the chiropractic enabling in New York State Education Law, Title VIII – The Professions, Article 132 -- Chiropractic.
  • No, a chiropractor may not hire a nurse to perform the COVID-19 IgG/IgM Rapid 10 Minute fingerstick test and a DC could not prescribe or direct a nurse to perform the test or analyze the results of the test on behalf of the chiropractor or chiropractic clinic. A chiropractor might be able to hire and retain a nurse but not in the nurse’s professional capacity. A nurse hired by a chiropractor could only perform those duties and functions that an ordinary person in a non-professional capacity could perform under a chiropractor’s supervision and direction.

For the rationale and more details, please download the Memorandum:

Can a DC hire a nurse to perform the COVID-19 IgG/IgM Rapid 10-Minute fingerstick test for antibodies during the current pandemic?

 

 

 

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