Only the largest school health programs employ physicians to deliver direct
patient care. In most programs, the primary role of the school physician is to
supervise nonphysician personnel: school nurses, dietitians, coaches, and
trainers. In some smaller districts, the school physician also may need to
oversee food sanitation in the lunch room and zoonosis problems in vocational
agriculture classes.
Most states require nurses, child health associates, physicians’ assistants, and
other such personnel to be supervised by a physician. If the school employs
personnel (or uses volunteers) who may not practice without physician
supervision, the duty to supervise these personnel will flow to any physician
who is nearby. The legal theory for this responsibility by proximity is called
ostensible agency. This means that if it appears to the patient that the
physician is supervising the personnel, the law will hold that physician
responsible. Since ostensible agency is judged from the patient’s perspective, a
contract between the physician and the school to exclude such supervision will
not obviate the physician’s responsibility. Explicitly declining to supervise a
given activity may not be enough. The physician must not become involved
with the activity in such a way as to appear to supervise it. For this reason, all
school physicians should have their supervisory responsibilities listed and
described in a contract. The contracts should provide for the supervision of all
personnel who may require it under state law to protect both the physician and
the other personnel.
The school physician has a duty to ensure that all the medical professionals
that he or she supervises are competent, adequately trained, and practicing
within the limits of the law. Disciplining a nurse may be difficult if the nurse
reports to a nursing supervisor or other administrator who is not responsible to
the physician. If a supervising physician has reason to believe that a nurse is
practicing in an incompetent or illegal manner, the physician must stop the
practices or resign. The physician cannot defend improper supervision by
blaming nonphysician administrators.