February 26, 2020
The Health and Human Services Committee heard testimony Feb. 26 on a bill that would clarify the assignment of tasks by a physician or osteopathic physician under the Medicine and Surgery Practice Act.
LB838, introduced by Sen. John Arch of La Vista, specifically would allow individuals who are not licensed, certified or registered under the Uniform Credentialing Act to be assigned tasks if done in a manner consistent with accepted medical standards and appropriate to the skill and training of the persons to whom the tasks were assigned.
Arch said he introduced to bill to “clear up confusion” about the assignment of tasks to non-medical personnel that currently exists in state law.
Michael Israel testified in support of the bill on behalf of the Nebraska Medical Association. He said LB838 would clarify the role of medical assistants, whose duties often include obtaining a patient’s height and weight, sterilizing equipment and maintaining patient medical files.
“These are the tasks that make a clinic run more efficiently,” Israel said.
Rita Weber, representing the Nebraska Nurses Association, also testified in support. She said the tasks non-licensed personnel perform are routine and pose little risk to patients.
“We’re comfortable that this [bill] will not give authority to anyone to practice a profession that they’re not licensed to practice,” Weber said. “It doesn’t give authority for others to practice nursing that are not lawfully authorized to practice nursing.”
No one testified against LB838 and the committee took no immediate action on it.
February 7, 2019
*Donald Balasa, AAMA CEO has provided supporting documentation in reference to the February 5th teleconference. (See below).
November 15, 2018
Dear Fellow NSMA Members,
The article below appeared in the Nebraska Nursing News in October 2018. This article was forwarded to Donald Balasa, AAMA CEO and legal counsel to review for accuracy. After consulting with the NSMA Board of Directors, Mr. Balasa wrote a letter to address some inaccuracies that were stated in the Nursing News article. You may review his response attached. His response was forwarded to Kathy Hoebelheinrich, Nursing Practice Consultant with DHHS Licensure with copies sent to Britt Thedinger, MD, President of the Nebraska Medical Association, Bo Botelho, Interim CEO, DHHS Chief Operating Officer & General Counsel and Diane Jackson, APRN-FP, Chair, Nebraska State Board of Health. Mr. Balasa has given approval for his response to be shared with employers, educators and other interested parties. The NSMA Board of Directors will be keeping in contact with Mr. Balasa regarding any responses he receives and follow up as needed.
The NSMA is exploring options to make sure that CMA’s (AAMA) continue to be able to perform the tasks we have been trained to perform. We continue to discuss what we can do to protect our credential and right to practice. We need your voices to continue to promote Certified Medical Assistants!
Barbara Carter, CMA (AAMA)
NSMA President 2018-2019
Protect Your Practice Rights | Your membership helps AAMA in-house legal counsel do the following:
- Fight for your right to practice as a medical assistant
- Answer your job-related legal questions
- Stay abreast of federal and state laws regarding medical assisting practice
- Partner with organizations to build a presence in the health care community
Check out the Legal Eye on Medical Assisting by AAMA Executive Director Donald Balasa.
The State Scope of Practice Laws vary by state.
Assessment-Based Recognition in Order Entry (ABR-OE) Notice of update: As of January 1, 2017, credentialed medical assistants (in addition to licensed health care professionals) are permitted to enter medication, laboratory, and diagnostic imaging orders into the electronic health record (EHR) and have such entry count toward meeting the meaningful use thresholds under only the Medicaid EHR Incentive Program. Policy Update: After December 31, 2019, no new ABR-OEs will be issued by the American Association of Medical Assistants. However, individuals holding an ABR-OE will be permitted to renew indefinitely.