Who is in Charge of the Medical Assistant? Who Regulates them?

Please Note: The information contained on this page is provided for information purposes only and should not be considered legal advice, nor is it a substitute or interpretation of regulations established by authorities having jurisdiction over practicing doctors, nurses and their medical assistants in your state. Please contact your State Board of Medical Examiners directly for specific advice, official business, or consult with your attorney. We cannot provide this information to you.

Medical Assistant's State Regulations

Regulations and requirements for medical assistants vary from state to state. Some state's laws are very specific, other state's laws are vague, or virtually non-existent when it comes to medical assistants and what they are allowed to do. Who is in charge of the medical assistant? Who regulates them? Who oversees their actions? Although legal requirements vary from state to state one thing is for sure: medical assistants are not licensed healthcare providers and must practice only under the license of a physician or other licensed medical practitioner under whom they work.

The authority in charge of the medical assistant is the doctor or licensed healthcare practitioner. The doctor, in turn, answers to the State Medical Board/Board of Medical Examiners of the state in which they practice the art of medicine. These boards often consist of a number of physicians, licensed healthcare practitioners and/or public members, which are appointed by the state governor and confirmed by their legislature. Nurses answer to their State Board of Nursing.

According to the AAMA website: a court may hold certified medical assistants to a higher standard of care than a medical assistant who does not have any credentials. This is another reason why proper training, supervision and continuing professional education is so important for medical assistants.

State Medical Boards/Medical Examiner

The State Medical Board adopts regulations to carry out the laws governing the practice of medicine. The law says that medical assistants must work under the direct supervision of a doctor, or in some cases, licensed health care practitioner, e.g. a licensed nurse practitioner where allowed. Several US states mandate that medical assistants are certified to perform needle injections; such as for allergy testing, purified protein derivative (PPD) testing, or Mantoux skin tests, other states don't allow it at all: AMA List of State Medical Boards 

Practicing Medicine Without a License

United States laws restrict who can give medical and health advice, or apply certain medical treatments and modalities to patients, making the unauthorized practice of medicine a serious crime. Physicians and non-physician practitioners (physician assistants, or nurse practitioners) are in charge and responsible for the care of their patients and must keep a watchful eye over those to whom they delegate tasks.

Between 2000 and 2007 the state Board of Medicine and State Board of Osteopathic Medicine in Pennsylvania has fined 57 people for unlicensed practice of medicine, among them numerous medical assistants. One of the more infamous cases involved a Pennsylvania certified medical assistant, who, acting on a doctor's orders, administered an experimental intravenous drug treatment that killed a 5-year-old boy in 2005. The doctor who authorized the unapproved treatment for autism spectrum disorder faces civil and criminal charges including manslaughter. The medical assistant, who reportedly never administered an IV-push before, has not been charged.