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Meet the Instructor

David Chang, CCMA, EMT-B

David brings five years of diverse healthcare experience, starting as an EMT-Basic where he provided emergency care for two years before transitioning to cardiology. His experience in both high-stress emergency settings and focused, long-term patient care gives him a unique perspective on medical law and ethics. Certified as a Clinical Medical Assistant through the National Healthcareer Association, David’s hands-on background and compassionate approach make him a trusted voice on patient care. As an Associate Writer for The Certified MA Guide, he combines his clinical expertise with a passion for educating and supporting others in the field.

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Medical Law and Ethics for Medical Assistants

This section provides an overview of essential medical law and ethics concepts, preparing medical assistants to handle sensitive legal and ethical situations professionally and with confidence.

1. Legal and Regulatory Compliance

Medical assistants must adhere to a range of laws and regulations that govern healthcare practices. Key areas include:

1.1 Major Laws and Acts

HIPAA (Health Insurance Portability and Accountability Act): Protects patient privacy and establishes guidelines for secure handling of medical records.
HITECH Act (Health Information Technology for Economic and Clinical Health): Enhances HIPAA with rules for electronic health records (EHRs) and breach notifications.
21st Century CARES Act: Promotes interoperability of healthcare technology and protects patient rights.
Controlled Substances Act: Regulates prescription and handling of controlled substances.

1.2 Medical Record Requirements

Legal guidelines for maintenance, storage, and disposal of records.
Conditions for sharing information: When and how patient information can be released (e.g., patient authorization, legal subpoenas).

2. Patient Consent

Medical assistants must ensure patients provide proper consent before undergoing treatment or procedures.

2.1 Types of Consent

Informed Consent: Patients must understand the risks, benefits, and alternatives of a treatment.
- Verbal or written consent is required depending on the procedure.
Implied Consent: Assumed in situations like emergencies.

2.2 Special Considerations

Minors or individuals unable to give consent require a legal guardian or power of attorney to act on their behalf.

3. Patient Rights and Confidentiality

Respect for patient autonomy and privacy is central to ethical medical practice.

3.1 Patient’s Bill of Rights

Outlines patients' rights to:

Access medical records.
Receive respectful and non-discriminatory care.
Make decisions about their treatment.

3.2 Privacy and Confidentiality

Ensure compliance with HIPAA regulations.
Protect patient information in all forms (verbal, written, or electronic).

3.3 Advance Directives

Understand patient directives regarding their care:

Living wills
Do-Not-Resuscitate/Do-Not-Intubate (DNR/DNI) orders
Medical Orders for Life-Sustaining Treatment (MOLST)

4. Professional Ethics

Medical assistants must adhere to a professional code of ethics to ensure unbiased and respectful care.

4.1 Ethical Responsibilities

Recognize and respect personal, religious, and cultural beliefs without imposing bias.
Follow the principles of autonomy, beneficence, non-maleficence, and justice in patient care.

4.2 Medical Directives and Responsibilities

Comply with medical orders and understand patient rights related to:
- Power of attorney
- Health care proxies

5. Reporting Requirements

Medical assistants play a critical role in recognizing and reporting legal violations or unsafe situations.

5.1 Mandatory Reporting Laws

Understand triggers for reporting incidents such as abuse or neglect.
Familiarity with signs and symptoms of abuse, including physical, emotional, and financial indicators.

5.2 Reporting Procedures

Know the appropriate agencies to report to (e.g., Child Protective Services, Adult Protective Services).

5.3 Criminal and Civil Acts

Understand basic legal terms related to malpractice and negligence.

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