No person shall practice medicine, surgery or osteopathy within the State unless he is twenty-one years of age and has been authorized so to do pursuant to the provisions of this article. But nothing in this article shall be construed:
- (1) To prohibit service in cases of emergency or the domestic administration of family remedies;
- (2) To apply to those who practice the religious tenets of their church without pretending a knowledge of medicine or surgery if the laws, rules and regulations relating to contagious diseases and sanitary matters are not violated; or
- (3) To prohibit licensed druggists from selling, using and dispensing drugs in their places of business, respectively.
- (4) To apply to any act, task or function performed by an assistant to a physician certified by the Board of Medical Examiners, provided that (a) such assistant is approved and certified by the Board as one qualified by training or experience to function as an assistant to a specified physician or a specified physicians' group or professional association; and (b) such act, task or function is performed at the direction and under the supervision of such physician, or physicians' group or professional association, in accordance with rules and regulations promulgated by the Board. Provided, however, that under no circumstances will these physicians' assistants nor optometrists' assistants be allowed to make a refraction for glasses or give a contact lens fitting.
(5) To prohibit a licensed physician from delegating tasks to unlicensed personnel in his employ and on his premises if:
a. the task is of a routine nature involving neither the special skill of a licensed person nor significant risk to the patient if improperly done;
b. the task is performed while the physician is present on the premises and in such close proximity as to be readily available to the unlicensed person if needed;
c. the task does not involve the verbal transmission of a physician's order or prescription to a licensed person if the licensed person requires the order or prescription to be in writing;
d. the unlicensed person wears an appropriate badge denoting to any patient his status.