The HSE is being warned that it could face legal claims over consultants who are not specialist doctors.
At least 65 medics are not fully qualified for the posts they hold including 12 psychiatrists and 10 surgeons as they are not on the specialist register.
The HSE's director of human resources has advised hospitals to put plans in place to deal with any problems that could arise.
Sinn Féin Health Spokesperson Louise O'Reilly who obtained the figures has said it is not ideal for the doctors or patients.
"They are leaving themselves wide open and this is why I can't understand why there isn't more urgent action on the government," she said.
"We know that they're difficulties right across the health service but this does nothing to instil confidence of patients who need to go to see a consultant.
"The HSE really needs to get it back together."