When employing medical assistants in your practice, be aware of these two major issues of liability: (1) exceeding scope of practice; and (2) negligence.
This occurs when a medical assistant, for example, negligently or incompetently advises a patient and the patient suffers an injury because he or she relied on that advice. The medical assistant and employer could both be sued.
It is the physician's responsibility to monitor and supervise the medical assistant and ensure he or she is working within the scope of practice.
California Business and Professions Code Section 2069 b (1) specifically addresses the scope of practice for medical assistants, which is defined as a person who is unlicensed and "performs basic administrative, clerical, and technical support services."
California law further establishes that medical assistants may not:
- Independently perform telephone triage or interpret data or diagnose symptoms
- Independently give out medication samples or refill prescriptions
- Request or prescribe medications
- Start, flush, or inject medication into a vein
- Administer anesthetic agents (except topical agents)
- Interpret the results of blood or skin tests
- Make assessments or perform any kind of medical care decision making
- Operate laser equipment
When employing a medical assistant, it is important to establish who will supervise the medical assistant. The medical assistant may only perform assigned tasks when the physician is physically present. The exception to this rule is in the community or free clinic setting. In this instance, physicians may, in consultation with a nurse practitioner, provide written instructions to be followed by the medical assistant.
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Authored by
Paula Paulson, RN, MS
Senior Risk Management & Patient Safety Specialist
If you have questions about this article, please contact us. This information should not be considered legal advice applicable to a specific situation. Legal guidance for individual matters should be obtained from a retained attorney.