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Laws For Medical Assistants

In order to protect the public and community all edical 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 exptectations of them! However, these laws may vary from state to state, and expectations from specialty to specialty governing the medical assistant's scope of practice.

Important! 

Laws that Govern Medical Assistants

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 involve 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” for medical assistants, and do not respond to questions that require specificity, as to a particular task, since that goes beyond our own "scope of practice" and specific knowledge as webmasters.

HOWEVER...

While we are very ambitous and eager to provide answers, is not possible to provide a comprehensive and exhaustive list of laws that govern the medical assistant professon in every state. However, 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 practicing medical doctor, or licensed nurse practitioner, or physician's assistant whenever they provide direct patient care.

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.

I am NOT a Nurse, I am a Medical Assistant!

Medical assistants should ALWAYS be quick to correct someone who has mistaken them for a nurse.

quote I do want to call attention to anyone who has been asked the following question: "Why don't you go for your RN license?". My answer is simple: I never wanted to go for the LPN, or RN license! I am happy with being a medical assistant. I love the diversity of this job. end quote 

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.

OUR BEST ADVICE: Document, Document, Document!

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.

 

  • 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!
  • Scope of Practice by State
    Quick reference pertaining to the medical assistant's lawful scope of practice sorted by U.S. states to help locate resources.
  • Medical Assistant Conduct
    Learn why the medical assistant's prior conduct at work and at home must always be professional and appropriate. Otherwise it may be hard to find work in this field.
  • Medical Assistant Malpractice Liability
    Medical Assistant's Liability and Malpractice Laws: Medical Assistants ARE NOT immune to individual law suites!
  • On Respondeat Superior Doctrine
    The all too often misunderstood Respondeat Superior Doctrine and what itreally means in regards to the medical assistan's duties.

 

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! 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!

Nationally recognized credentialing bodies for medical assistants, however, 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.