Examples of Medical Assistant Scope of Practice Rules by State

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.

Which US states have specific medical assistant scope of practice regulations? Who governs the medical assistant's scope of practice? Are there any laws?

State Rules for Medical Assistants

In an article originally published by Michael N. McCarty, American Medical Technologists (AMT) Legal Council from 1996 and updated in 2003 it was noted that as far as they can ascertain, only seven states: Arizona, California, Florida, New Jersey, Maryland, South Dakota and Washington have specific regulations that govern their medical assistant's scope of practice. The article further mentioned that only Colorado, Georgia, Illinois, Indiana, Kansas, Massachusetts, Main, Michigan, Montana, North Carolina, North Dakota, Nebraska, New Mexico, Ohio, Oklahoma, Pennsylvania, South Carolina, Tennessee, Texas Utah, Virginia and Wisconsin have specific laws and regulations that address the medical assistant's actions. Unfortunately we are no longer able to locate this article for reference on the Web.

Medical Assistant's Scope of Practice Regulations

Many medical practice rules and regulations are established by the State Medical Board, also called the Board of Medical Examiners and other state authorities such as the Department of Public Health. These peer reviewed boards have made provisions on how doctors and other licensed medical practitioners must supervise and may utilize allied health professionals under their employ. The South Dakota Medical Board has set the standards especially high, by requiring all medical assistants employed in their state to be registered through the state. This process is stringent and also involves a thorough background check.

Medical Assistant Scope of Practice By State Reference

Here is a small selection of medical assistant scope of practice resources. Remember that each state's rules are different. The handful of links posted will give you an idea where to look for answers in your own state. Please check directly with your State Board of Medical Examiners and State Nursing Board for their latest statutes, rules and regulations!

 Arizona

Arizona's Definition of a Medical Assistant

Arizona Medical Assistant Statute

Arizona State Medical Board
http://azmd.gov/FAQ/MedicalAssistant.aspx

 Connecticut

Examples of specifically prohibited activities medical assistants are NOT allowed to do in CT are radiography and medication administration by any route (including oxygen, immunizations, and tuberculin testing).

  California

California Medical Assistants FAQ

Supervision of California Medical Assistants

California Business and Professions
(Published by Official California Legislative Info site)

 Florida

Florida Medical Assistants PDF
Published by Florida Department of Health

Florida Medical Assistant's FAQs

Florida Special X-Ray Requirements 

 

 Iowa

Iowa Medical Assistants
 

 Maine

The Board of Licensure in Medicine of Maine has ruled that physicians are accountable for the actions of unlicensed medical assistants, namely assistants employed by the physician who do not fall under the Board's jurisdiction when they perform any invasive procedure, including the administration of injections. The terms "under the direct control" and "in the immediate presence," as stated in 32 M.R.S.A. §3270-A, shall mean the physician must be in reasonable proximity to lend medical assistance to a patient should something adverse happen. Also, physicians, pursuant to 32 M.R.S.A. §3270-A are accountable for the activities of unlicensed assistants employed by them. This policy shall be mailed to all licensed physicians practicing in the State of Maine.

 Nebraska

"Nebraska Nurse Practice Act Does Not Interfere with Medical Assisting Practice."
Donald A. Balasa, JD, MBA, Executive Director, Legal Counsel of AAMA

Nebraska Nurses Delegating Tasks to Medical Assistants

 Nevada

Nevada Medical Assistants & Medications
A bill added to Nevada state legislature in 2011 allows medical assistants to administer medications under the supervision of a physician.

• 2011 Guidelines for Nevada Medical Assistants
  http://www.leg.state.nv.us/Session/76th2011/Bills/SB/SB294_EN.pdf
  
• 2010 Guidelines for Nevada Medical Assistants
  www.leg.state.nv.us/register/2010Register/R052-10A.pdf
  
• 2009 Nevada State Board of Medical Examiners
  Medical Assistants and Administration of Prescription Drugs
  (please check directly with the Nevada State Board of Medical Examiners for their latest) 

In a well publicised case from October 2009 a Nevada medical assistant was being charged with 10 felony counts against her on allegations of “unlawful practice of medicine”. The former medical board director Louis Ling said that upon reading a 30-year-old law, he concluded that medical assistants in the state of Nevada could not administer any type of prescription drugs and not give any type of injections. Read article on Las Vegas Review Journal - then contact the Nevada Board of Medical Examiners with any specific questions.

 New Hampshire

State Board of Nursing of New Hampshire

Regarding Medical Assistant Utilization and Supervision in NH:
Medical Assistant Joint Position Statement (published by nh.gov)

 

 New York

Guidelines for New York State
New York State Utilization of Medical Assistants

New York State Board of Nursing
http://www.op.nysed.gov/prof/nurse/nursepracticefaq.htm

 

 New Mexico

New Mexico Medical Assistants
The guiding principle may be found on the New Mexico Medical Board web site, under Governing Statute and Rules, in the Medical Practice Act, NMSA 1978, § 61-6-17(I).

Properly trained medical or surgical assistants, technicians, or professional licensees performing under the Physician’s employment and direct supervision can perform a medical act that a reasonable and prudent physician would find within the scope of sound medical judgment to delegate if, in the opinion of the delegating physician, the act can be properly and safely performed in its customary manner and if the person does not hold himself out to the public as being authorized to practice medicine in New Mexico.

A New Mexico licensed physician may delegate use of certain devices and procedures to medical assistants. The medical assistant is limited to using medical therapeutic and cosmetic devices, that are non-invasive and non-ablative. The medical assistant MUST be certified to use the specific devices and the delegating physician shall remain responsible for the medical acts of the person performing the medical act. “Direct supervision” means a physician must be present in the office at the time the medical act is being performed by the properly trained assistant or technician.

 Pennsylvania

Pennsylvania

 

 South Dakota

South Dakota Legislature:
S. Dakota Laws for Medical Assistants

South Dakota Board of Nursing:
South Dakota Board of Nursing Text

 

 Texas

Texas Medical Assistants:
Delegation and Responsibility of Delegated Acts

 

 Virginia

Virginia Medical Assistants

 

 Washington

Washington State

 

 Wisconsin

Wisconsin Medical Assistants