REPORT: July/August 2006

Ask the Experts

Protecting the title “nurse”

Q.: I work in a private practice that employs physicians, NPs, PAs, RNs, LPNs, medical assistants, and other support personnel. Recently, a larger group purchased the practice and promoted a member of the support staff to “nurse manager.” This has shocked the nursing staff. Is this practice legal? Can the licensed nurses take orders about nursing care from the unlicensed “nurse manager”?

A.: Although it is legal for the owners of the practice to hire an unlicensed person to administer the office, it is illegal for an unlicensed person to supervise or evaluate the nursing care or nursing practice of NPs, RNs, or LPNs. Only another appropriately licensed practitioner can do such clinical supervision.

There is no law or regulation that states who can be an office manager. An unlicensed person who is an office manager customarily provides administrative services to ensure the day-to-day operations of the practice run smoothly. These responsibilities may include scheduling sufficient staff for the day, planning patient appointments appropriately, managing billing information, or ordering supplies.

It is illegal for an unlicensed office manager to make decisions about your nursing practice or to evaluate the nursing care you provide. If unlicensed personnel make nursing practice decisions, discuss the problem with whoever is in charge at the practice.

Currently, it is legal for owners to give an unlicensed office manager the title “nurse manager,” but that is about to change! During the 2005-2006 legislative session, state lawmakers passed a bill that will put an end to this practice. The bill limits the use of the title “nurse” to only RNs and LPNs. The governor signed the bill into law in late July.

Nurses in New York fought long and hard for this legislation and will celebrate when it becomes law.