Medical assistants' role

I am an RN working in a pediatric office. What are the laws concerning medical assistants? Can they legally call themselves nurses? Can they administer medications? Can they do patient teaching? Can they triage phone calls?

It doesn't seem that medical assistants have the proper training or knowledge to perform such activities. Am I liable for their actions, improper teachings, etc.? I do respect medical assistants for the skills they are competent in, such as vital signs, history taking, etc., but how can it compare to the training and education of an RN?

~L.D.

You are not the first to question the role of the medical assistant and the possible liability of the nurse.

Your state code (California) addresses the responsibility issue at Section 2069-2071 of the Business and Professions Code; as I read it, the supervisor of a medical assistant in the physician's office is the physician.

The California licensing regulations address just what "tasks" the properly prepared medical assistant can perform, which are too numerous to list here. They are at Title 16, Division 13, Chapter 3, Article 2, Section 1366.

Do not be daunted by these numbers. Go to megalaw.com, select California State Law, then search California Regulations using the search term "medical assistant" in quotation marks. The code referred to above does not permit medical assistants to use the title or be referred to as a "nurse." Neither does it say they can take a history or do patient teaching.

Readers, please note that your state will have (if they have any at all) different rules and regulations for medical assistants. If you believe that unauthorized people are engaged in the practice of nursing, contact your state's Board of Nursing.

Employee rights
I am one of four nurses employed by a state facility in Indiana. We were recently informed that we will be reclassified and this includes a raise. At the same time, we were told that any raise would not come through immediately because the budget will not allow it.

If the reclassifications are approved before the money becomes available, is it legal for our employer to expect us to perform the duties of the higher position without the enhanced compensation?

What are our rights in this issue? Nothing from administration has been in writing.

~L.R.

The simple answer is yes to the first question. Your employer can require just about anything of you within the law unless you have an employment contract or a union contract. Any written (and sometimes oral) agreement between employer and employee regarding your terms of employment can be a contract; it need not be a formal notarized document.

Absent a contract or state regulation to the contrary, you have the right to terminate employment if you do not wish to perform your new job duties.

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