Page 19 - Part 1 Collaborating with Advanced Practice Providers - An Overview of State Rules

SVMIC Collaborating with Advanced Practice Providers

Definitions and Theories of Liability

The cases we will examine describe a few of the potential actions
of APPs that could impose physician liability. For example, if a

physician allows the APP to function beyond the scope of

licensure or without adequate supervision, there may be an

allegation of inappropriate collaboration or supervision. There are

two primary liability risks for physicians supervising or
collaborating with APPs– disciplinary action by the licensing board

and potential liability for the negligence of the APP under a theory

of negligent supervision.

The key to avoiding disciplinary and legal action is knowing the

responsibilities of supervising and collaborating physicians,
fulfilling them and documenting the fulfillment of these

responsibilities. State law generally authorizes disciplinary action

against a supervising or collaborating physician for any

inconsistency with responsibilities. Possible disciplinary actions

include suspension of privileges to utilize an APP and suspension
or even revocation of the physician’s license. The disciplinary

sanction of being placed on probation alone can have significant

consequences such as exclusion from health insurer plans.

Physicians expose themselves to potential liability for any

negligence of those they supervise or enter into collaborative

arrangements with, irrespective of the employment relationship
between the physician and APP. As a general matter, an APP

stands in an agency relationship with his or her supervising or

collaborating physician when providing authorized medical

services within the scope of the parties’ joint protocol or

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