Laws that Govern a Medical Assistant's Scope of Practice

In order to protect the public and community all medical assistants must practice ONLY methods and procedures that are allowed by law. While there are specific federal and state laws as to what a medical assistant can and cannot do, their employers also have very specific expectations of them! While these laws may vary from state to state, the employer's expectations may vary from specialty to specialty.

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Medical Assistant's Scope of Practice

We often receive questions whether a specific medical procedure or clinical task is within the medical assistant's scope of practice and permitted in their state. The questions often revolve around the use of certain equipment, administration of medications, or types of invasive and non-invasive health care procedures.  Unfortunately, we do NOT maintain a specific “task list” here on this website and cannot not respond to questions that require specificity as to a particular task medical assistants can or cannot do. That goes beyond our own "scope of practice" and specific knowledge as webmasters.

HOWEVER...

While we are very ambitious and eager to provide answers, it is impossible to provide a comprehensive and exhaustive list of laws that govern the medical assistant profession in every state.

The governing body for doctors and their medical assistants is usually the State Medical Board/State Board of Medical Examiners, since they regulate the practice of medicine for each state, and thus, the medical office. Nationally recognized credentialing bodies for medical assistants may further define and regulate the role of the medical assistant. Medical assistants working in a medical office setting must adhere to the rules, regulations and requirements mandated by their state in which they practice as well as those imposed by their credentialing body/certification association.

I'm NOT a Nurse, I'm a Medical Assistant!

Medical assistants, who provide services that involve direct contact with the public (e.g. patients and clients) must properly introduce and identify themselves as medical assistants (MA). The best way to avoid confusion is to clearly state your name and job title when greeting and introducing yourself to a new patient. Just say: "Hello, I am your medical assistant," and wear your name badge with a lapel pin from your professional membership association, if you have one, to avoid being mistaken as a nurse, doctor, or other licensed health care professional.

Direct Supervision

Direct supervision requires the physical presence of the supervising doctor in the office before, during, and after the administration, and includes the diagnosis, authorization, and evaluation of the patient. Any other use and means is illegal and will be taken very seriously, with very SERIOUS consequences. It has been asked whether a medical assistant can be entrusted with the key to the controlled substances locker. This decision is left up to the discretion of the supervising physician.

Proper Identification

Medical assistants should ALWAYS be quick to correct someone who has mistaken them for a nurse. Being addressed as a nurse could be taken as a compliment, but whenever a medical assistant is mistaken for a RN or LPN they should always politely respond: "I am not a nurse, I am a Medical Assistant.

MA of 15 Years Tells Us:

"I never want someone to think I am practicing as a RN in any way! I really love my work and continue to do so every day. I appreciate opportunities to learn from fellow staff and health care members, which includes RN's, LPN's, Dr's, and medical office support staff. We all work as a team, sharing valuable skills to help patients! Where each one is willing to lend a helping hand much good can be done, even in the smallest offices and lowest positions."  (Contributed by MA15Years)

Careful Documentation

Along with proper identification, and direct supervision of the medical assistant comes complete and careful record keeping. Complete and careful record keeping is critical. Each aspect of the medical encounter should be carefully documented to protect yourself, your employer, and patient: ask about personal and family histories, allergies to medications, or latex, medications administered and prescribed, physical exam findings (such as vital signs), imaging and lab test results, discussions with patients, including specific questions and responses, and procedures performed during course of the visit. All this should go in the patient's record, along with the date, and initialed by the doctor, nurse, or medical assistant.

All in all, it can be said that Medical assistants in the USA are required to work under the direct supervision of a licensed health care provider such as a practicing medical doctor, licensed nurse practitioner, or physician's assistant whenever they provide direct patient care. Also, ALL medical assistants in every state must properly introduce themselves as such, as to not being mistaken for registered nursing staff by a patient. Furthermore, they must never offer any medical advice and always assure patient privacy, careful documentation, and safe keeping of the patient's medical records at all times.

• Medical Assistant Regulating Bodies
  
  Resources useful to medicl assistants who seek guidance as to whether specific tasks are within their scope of practice may include professional literature ...
• Working Within the Scope of Practice
  
  Performed under the supervision of the medical doctor or other licensed healthcare provider the medical assistant can... You can't afford to miss this!
• On Respondeat Superior Doctrine
  
  The all too often misunderstood Respondeat Superior Doctrine and what itreally means in regards to the medical assistan's duties.
• Medical Assistant Malpractice Liability
  
  Medical Assistant's Liability and Malpractice Laws: Medical Assistants ARE NOT immune to individual law suites!

Disclaimer:
The above is not an exclusive itemization of the technical supportive services a medical assistant can or cannot perform. Medical assistants must ALWAYS adhere to state and local laws and regulations no matter where they are! As an integral part of the allied health care team medical assistants must demonstrate practice consistent with legal standards and state regulations that may apply. Since all fifty (50) states vary in their regulations as to the definition, training standards and scope of practice of the medical assistant, specific state requirements for practice must be identified and met by the concerned individual within the state they work.