The Centers for Medicare & Medicaid Services (CMS) Conditions of Participation (CoPs) do not preempt or override state scope of practice laws. Moreover, state laws regarding provider delegation to medical assistants are not altered or nullified when medical offices and clinics are owned, operated, or on the premises of a hospital that is required to meet CMS CoPs.
I have been receiving questions from medical assistants who work in outpatient clinics owned by hospitals. They are wondering whether their legal scope of practice is different because they do not work in outpatient settings owned by physicians.
I am not aware of any state laws that establish a different scope of practice for medical assistants who work in settings owned by hospitals or other non-physician entities. The consistent requirement in all states is that medical assistants work under direct physician supervision in outpatient settings, regardless of the ownership structure of the setting.