Page 39 - Part 1 Collaborating with Advanced Practice Providers - An Overview of State Rules
P. 39

SVMIC Collaborating with Advanced Practice Providers



                    CASE STUDY


                     In the case of Khan v Medical Board of California,  a physician’s
                                                                                    25
                     approval to supervise physician assistants was revoked  for
                     aiding and abetting the unauthorized practice of medicine. His

                     physician's and surgeon's certificates were also revoked, but the

                     revocation was stayed for three years during which time he was
                     placed on probation. He had hired an individual, Mr. William Mar,

                     as a PA-C on the basis of that individual’s attestation. Dr. Khan
                     received Mr. Mar's papers, one of which was a "certification from

                     some authority" that contained "certain words say[ing] that he

                     was certified as  a physician assistant".  Dr. Khan turned the
                     paperwork over to his former office manager who assured him

                     that the papers were in order. He hired Mr. Mar and found him to
                     be such a good worker that it never occurred to him that Mr. Mar

                     could be unlicensed. The case was brought after a patient went

                     to his clinic complaining of nausea and vomiting, pain in her ribs,
                     shortness of breath and no food intake for three days. She was

                     treated by Mr. Mar, who performed an examination and ordered
                     a urinalysis. Failing to interpret it properly, he misdiagnosed her

                     as having gastroenteritis, gave her  an injection of  antiemetic

                     medication and advised  her to return in a week. In fact, the
                     patient was critically ill due to the onset of  diabetes,  and  she

                     required an emergency admission to the hospital the next day.



                     Despite the defense protestation that Dr. Khan was misled and
                     had no obligation to independently verify Mr. Mar’s credentials,

                     the court found “if ... a practicing physician ... can claim that he
                     could not tell from the paperwork whether Mr. Mar was licensed,



                   25  Khan v Medical Board of California 16 Cal. Rptr 2d 385, 392 (Cal. App. 1993).

                                                        Page | 39
   34   35   36   37   38   39   40   41   42   43   44