Scope of Practice

Stage 2 Ruling and State Regulations

I have received questions regarding the Stage 2 computerized provider order entry rule; specifically, if individual state laws could affect it.

Federal regulations impacting medical assisting are usually subject to state laws pertaining to medical assistants. However, I am not aware of any statutes or regulations in any American jurisdiction that limit what physicians are permitted to delegate to medical assistants in regard to entering orders–at the physician’s specific direction and approval–into electronic health/medical records. Therefore, my response to this question is that the entry of medication, laboratory, and radiology orders into the computerized provider order entry (CPOE) system at the direction of a licensed provider for purposes of calculating meaningful use under Stages 1 and 2 of the Medicare and Medicaid Electronic Health Record Incentive Program is not effected by state law.