EMTALA and Physician Assistants
EMTALA is the "Emergency Medical Treatment and Labor Act" (42 USC §1867, Ch. 7), a law that took effect in 1986 intended to ensure that all individuals have access to appropriate emergency care and that they are not inappropriately transferred to another facility. Read more background on EMTALA …
EMTALA affects PA practice specifically in three areas:
- Medical Screening Exams
Physician assistants can perform medical screening exams (MSEs) required by EMTALA. Read more… - Emergency Room Call
Physician assistants can take emergency room call under EMTALA. Read more… - Transferring patients
A physician assistant may decide that transfer is appropriate, consult a supervising physician, and sign the transfer order. A physician must countersign the PA's transfer order within a reasonable period of time. Read more…
Official documentation about EMTALA and PAs
- Federal law
The EMTALA law can be found in the United States Code at Title 42 USC §1867, Chapter 7 (Social Security), subchapter XXVIII, Part D, Sec.1395cc and Sec.1395dd. - Federal regulation
EMTALA regulations can be found in the Code of Federal Regulations, Title 42 CFR §489.20 and 42 CFR §489.24, et seq. - Federal interpretive guidelines
Surveyors rely on the CMS State Operations Manual (also know as the "interpretive guidelines") to guide them when inspecting hospitals for the Medicare and Medicaid programs. Guidance related to EMTALA is found in SOM Appendix V. CMS published the most recent version of SOM Appendix V on May 29, 2009.
Additional Resources
Federal Department of Health and Human Services
EMTALA site
American College of Emergency Physicians
EMTALA reference page
EMTALA: Medical-Legal Issues
