Am I liable as a retired RN working as an MA?

Dear Nurse Beth Advice Column - The following letter submitted anonymously in search for answers. Join the conversation!

Updated:   Published  

Am I liable as a retired RN working as an MA?

I'm 61 years old and have been an RN for 15 years. I want to change my currently active and unencumbered nursing license to "Retired" status and then gain certification as a CMA and seek employment as a medical assistant. My state's Administrative Code regarding retired nurses says "A nurse whose license is in 'retired' status may not practice as a nurse." I'm perfectly fine with that since I no longer want the responsibilities of a nurse. But, I have heard that no one will hire me as a medical assistant because I will always be legally held to my highest level of training or education (due to liability concerns). My question is: Will I always be legally held to my highest level of training/education, OR is it actually the highest level of current licensure or certification?

Share this post

+ Add A Comment
Specializes in Tele, ICU, Staff Development.

Dear Retired,

I'm not a lawyer, but I can provide general information that may help guide your decision. It's important to consult with legal professionals or regulatory bodies in your state for specific advice regarding your situation's scope of practice and legal requirements.

Regarding liability concerns and legal obligations, healthcare providers are typically held to the highest level of training and education they have attained.

While your nursing license may be in "retired" status and you may not be actively practicing as a nurse, it's possible that your previous nursing education, training, and experience could still be taken into consideration in certain situations.

This means that even if you transition to a different role, such as a medical assistant, you may still be held accountable for your knowledge and to the standards of an RN in the event of a legal or ethical situation.

Liability concerns and legal obligations in healthcare can be complex and vary depending on your jurisdiction and the specific circumstances. This can make employers reluctant to take on the risk.

To obtain accurate and up-to-date information, I recommend contacting your state's nursing board or a legal professional specializing in healthcare law. They can provide specific guidance on the legal implications and limitations of transitioning from an RN to a medical assistant and the potential liability concerns you may face.

It's also worth considering that medical assistant roles may have their certification requirements and standards of practice. Be sure to research the needs and expectations for medical assistants in your state to ensure that you meet the necessary qualifications for employment in that role.

Ultimately, seeking professional legal advice and guidance will provide accurate and specific information regarding your circumstances and goals.

Best wishes,

Nurse Beth

+ Add a Comment