Being a medical doctor is one of the most challenging professions. You must undergo the required training and secure a professional license from the relevant licensing body before you can practice medicine. It is a serious crime in California for anyone to practice medicine without a valid license. You can face severe penalties under the Business and Professions Code 2052 if you are guilty of this offense. Authorities are committed to protecting citizens from the risk of obtaining medical treatment from unauthorized individuals.
A conviction for practicing medicine without authorization can attract severe repercussions, including termination of your career, hefty fines, and imprisonment. Seek the services of a reputable criminal defense attorney if you are facing accusations of unauthorized practice of medicine. At the CCLG: Los Angeles Criminal Attorney, we have dedicated attorneys who can help you build a strong defense against your charges.
Unauthorized Practice Of Medicine Under California Law
You can be guilty of practicing medicine without authorization if you engage in the following activities without a valid license:
- Assisting or plotting with and protecting another person who is engaging in unauthorized practice of medicine
- Diagnosing or identifying, treating, operating on, or prescribing medicine for diseases, blemishes, ailments, injuries, disorders, deformities, disfigurement, or other physical or mental conditions
- Attempting to practice or practicing, advertising, or purporting to treat any type of sickness or affliction
Practicing medicine without authorization is covered under Business and Professions Code 2052. Under this statute, you must secure a California medical license to treat patients, even if you are a qualified doctor in the United States. The court can charge you with practicing medicine without authorization if you treat a patient in California without a medical license.
Diagnosis And Treatment
Practicing medicine without authorization involves diagnosing or treating any physical or mental ailment without a license. Under the law, diagnosis refers to the use of any methods, procedures, or devices to determine whether an individual is suffering from a mental or physical illness. Using blood pressure devices or other such machines is an offense. However, it is not an offense for you to take the weight of a person or measure their height.
On the other hand, treatment encompasses all recognized medical practices, such as administering injections and prescribing medications. Additionally, engaging in traditional treatment, like hypnosis or acupuncture, without a license is also a crime.
It is unlawful for you to advertise or offer weight loss services through hypnosis without a professional license as a medical practitioner. You could be guilty under Business and Professions Code 2052 for practicing medicine without authorization.
Operating A Medical Facility When You Are Not A Medical Practitioner
It is an offense in California for you to own or operate a medical clinic without a medical practitioner’s license. It is still unlawful even if you do not carry out medical procedures yourself and you have a licensed doctor on your premises.
You can own a health center specializing in carrying out medical assessments for individuals looking for workers’ compensation claims, but you are not a doctor. It remains a violation even if you hire a licensed doctor to perform the procedures. The court can charge you for practicing medicine unlawfully because you own and receive profits from a health facility when you are not a licensed doctor. Equally, the licensed doctor who works with an unlicensed employer could be guilty under BPC 2052. The doctor could face charges for assisting and facilitating the unlicensed practice of medicine.
No Bodily Harm or Sickness Needed
A patient does not have to suffer injuries or harm for you to be charged with unauthorized practice of medicine. Similarly, the prosecutor does not need to prove that you intended to cause injuries or harm to your patient. This offense does not need a victim for you to face severe penalties.
For example, it is an offense for you to practice medicine in America without a valid license from the state if you are an immigrant, even if you were a prominent doctor in your country. You can still face charges even if you had good intentions of providing a basic consultation and charging for it, and no one suffered injuries as a result of your practice.
A Physical or Mental Condition
You can face the charges under BPC 2052 if you treat any physical or mental conditions apart from those easily recognized illnesses, diseases, or injuries. For example, you are not allowed to provide your services to women carrying normal pregnancies if you are not licensed to practice midwifery. It is a crime for you to help a pregnant woman when you charge for the service, even when a woman does not need medical attention during birth. Additionally, under the law, normal childbirth or pregnancy is not a sickness or an affliction, but a physical condition. You must have a license to provide your midwifery services for a fee. Failure to which you will be considered to be practicing without authorization.
Penalties For Unauthorized Practice Of Medicine
You could face severe penalties if you practice medicine without legal authorization. This offense is often charged as a wobbler. You can face misdemeanor or felony charges. Your conviction will take place at the office of the city lawyer if you are charged with a misdemeanor. On the other hand, your conviction will take place at the office of the District Attorney if you are guilty of a felony.
The prosecutor must provide sufficient evidence, even if you are facing a misdemeanor or felony charge. He/she should do so before your case proceeds to trial hearings, allowing the judge to make the final ruling. Under the law, the judge will consider certain factors, regardless of whether you are facing a misdemeanor or a felony. One of the factors is the facts surrounding your charges. You could face felony charges if your violation is serious. For example, you will likely face a felony charge if your unauthorized practice of medicine causes serious bodily injuries or deaths.
The judge will also consider your criminal history to decide your case. You will likely face a felony charge if you have a past criminal record for violating BPC 2052. The court could convict you of a misdemeanor if you do not have a past criminal record.
You could face a jail term that does not exceed one year in a county jail if you are convicted of a misdemeanor. The court can also recommend misdemeanor probation. You will also be required to visit your probation officer regularly if you are granted probation.
On the other hand, you will face a jail term that does not exceed 36 months or serve felony probation if you are convicted of a felony. Usually, felony probation has more terms and conditions than misdemeanor probation. The court may order you to meet regularly with your probation officer. Failure to adhere to these conditions may result in the judge revoking the probation and imposing a jail term.
If you work in a health facility owned and controlled by an unlicensed person, the court can still charge you with a crime. However, you can allege that you never knew that the health facility was unlicensed if you are a licensed doctor working in an unlicensed health facility. In this situation, you can face misdemeanor charges. According to the law, you can face professional discipline if convicted of misdemeanor or felony charges of unauthorized medical practice. This can result in the revocation or suspension of your license.
Apart from initial charges, you also risk facing civil liability for the illegal practice of medicine. A patient can file a case against you if the illegal practice causes them harm. The judge could assume that you were negligent in offering the medical services. A patient can also pursue compensation for medical damages to cover the cost of treatment for the injuries suffered because of the unlawful practice of medicine. Victims can also seek lost wages against you for the time they were out of a job because of the injuries suffered.
Additionally, the law allows patients to pursue lost earning capacity damages if they are unable to return to their jobs due to the harm suffered as a result of the unlawful practice of medicine. You can also face punitive damages if the victim proves that you were extremely negligent. Punitive damages are meant to punish the liable party to prevent the repetition of the offense in the future.
Defenses For Unauthorized Practice Of Medicine
Unauthorized practice of medicine is classified as a white-collar crime. Judges take this crime seriously because of the risks posed to patients by the unauthorized doctor. There are also devastating outcomes related to this violation, even if the defendants were well-meaning and are law-compliant. You will not escape charges for unknowingly violating the laws on practicing medicine without a valid license. Your main objective should be to challenge your charges if you are accused of unauthorized practice of medicine. Hiring a skilled attorney can significantly increase your chances of achieving a favorable outcome. Your attorney can develop suitable defenses after examining your charges and the prosecutor’s evidence. The following are some of the defenses you can present in court:
You Are A Member Of A Self Help Group
People often form certain groups that offer each other suggestions or advice for treatments or solutions when suffering from a specific condition. These groups do not offer medical or licensed practice medicine. It will not constitute the practice of medicine if your advice was merely based on what you do in the group. Your attorney can prove this to the court if you belong to a relevant group. The attorney can prove their case by presenting other witnesses on your behalf. Your charges could be dropped if this claim convinces the judge.
You Are A Victim Of False Accusation
False accusations are common in criminal lawsuits. People making false claims often have reasons for doing so. Most individuals do this to seek revenge for a perceived wrong. You could face a wrongful conviction if you are falsely accused of practicing medicine without authorization.
You may have a former patient who was unhappy and misunderstood the services you provided. The patient can falsely accuse you of practicing medicine because he/she wants revenge against you. Additionally, a coworker or business partner can falsely accuse you if you disagree.
An experienced attorney who has dealt with false accusations will be crucial in this case. An attorney knows the questions to pose that can help gather evidence to expose lies and support the truth. Your attorney will also present experts and witnesses to testify on your behalf and challenge the claims leveled against you.
You Did Not Profit From The Services
Sometimes, you can offer your services to assist people in need without charging them a fee. For example, you could have stopped practicing medicine, but you encounter people who are injured and require your assistance. It is not an offense to offer your assistance to these people. You could only be guilty of unauthorized practice of medicine if you provide your services at a fee when you no longer have a practicing license. However, your attorney can argue that you only assisted people in need and did not charge for the services. The judge can drop your charges if your attorney convinces them.
Perhaps you helped someone in need, given your background in midwifery and subsequent career change. You will not face charges if you come across a woman in labor and you help her deliver the baby before assistance comes. It will not be a violation provided you did not profit from the service you offered.
What You Did Does Not Amount To The Practice Of Medicine
Currently, it is becoming hard to define the practice of medicine. For example, different treatment traditions coming from different parts of the world are practiced in California. These treatments differ from traditional Western medicine that is commonly known. People with health issues work with personal trainers every day, who recommend ways to address their specific health concerns. Similarly, every day, patients seek new and affordable options for addressing their health issues.
It is easy to be accused of practicing medicine unlawfully, even if what you do cannot be defined under the traditional practice of medicine. In this situation, your attorney can help you prove that you have not engaged in unauthorized practice of medicine.
Insufficient Evidence
Evidence plays a major role in the success of each case. Your attorney can win the case if there is insufficient evidence. You will not be convicted of the offense if the prosecutor lacks enough evidence against you. In most situations, the judge can drop your case because of poor investigations and delays in the investigation. Your attorney can take advantage of this situation and contest the evidence presented against you. If your attorney succeeds, the judge can reduce or drop your charges.
You and the Medical Assistant Did Not Violate The Law
The law in California does not allow medical assistants to hold a professional license. Similarly, medical assistants are not allowed to practice medicine independently. They are only allowed to help the doctors. A medical assistant cannot be convicted if he/she performs technical or administrative services. You have a valid defense to challenge your charges if this is your situation, but you must provide enough evidence to support your arguments. The judge can reduce or dismiss your charges if your attorney convinces them.
Related Crimes
Some of the offenses that can be charged alongside the unauthorized practice of medicine include:
Practicing Law Without A License – Business And Professions Code 6126
Only attorneys licensed with the State Bar Association are allowed to practice law. It is an offense under BPC 6126 for anyone to practice law without a license. The offense of unauthorized practice of law involves:
- Holding or advertising oneself is practicing or entitled to practice law
- Being an inactive member of the California State Bar or authorized to practice law by a court rule or statute
You will face the penalties for practicing law without a license based on whether:
- You have never been admitted to the Bar, or
- You were once a member of the California State Bar, but have lost your active membership status involuntarily
You can face misdemeanor charges if you have never been admitted to the California State Bar or let your membership lapse voluntarily. This offense could attract the following penalties:
- A fine that does not exceed $1,000
- A jail term of not more than one year in a county jail, or
- Summary probation
Additionally, you will serve at least 90 days in a county jail if you are convicted for the second time or any subsequent time.
You will also face severe penalties for unauthorized practice of law if you were formerly a licensed attorney and member of the California State Bar, but have:
- Been enrolled involuntarily as an inactive member because of alcohol or drug issues, mental illness, or a finding that your behavior poses a threat of harm to the interests of your clients
- Resigned with criminal charges pending
- Been disbarred, or
- Been suspended from membership
A violation that falls under the above categories is considered a wobbler. The judge can charge you with a misdemeanor or a felony, depending on your criminal record and the facts of your case. You could face a jail term that does not exceed six months in a county jail if you are charged with a misdemeanor. On the other hand, felony charges can attract the following penalties:
- A fine that does not exceed $10,000
- A jail term of 16 months, two years, or three years in a county jail, or
- Formal probation
You can fight BPC 6126 charges using the following defenses:
- You were not aware that you had been involuntarily placed on inactive bar membership status
- Your action did not meet the legal definition of practicing law
Illegally Prescribing Controlled Substances – Health And Safety Code 11153
It is a crime under HSC 11153 for you to engage in prescription fraud. You can be guilty of this offense if you knowingly write a prescription for a controlled substance that:
- Is not issued in the normal course of your professional practice, or
- It is not issued for the right medical purpose
Illegally prescribing controlled substances is often charged as a wobbler. You can be charged with a misdemeanor or a felony. Misdemeanor charges could attract the following penalties:
- A fine that does not exceed $1000, or
- A jail term that does not exceed one year in a county jail
On the other hand, felony charges can attract the following penalties:
- A fine that does not exceed $20,000
- A jail term that does not exceed three years in a county jail
The defenses you can present against HSC 11153 charges include:
- You are a victim of a false accusation
- It was a case of police entrapment
- You were not aware that your act was illegal
- There is no sufficient evidence
- You are a victim of mistaken identity
Using Counterfeit Prescriptions – Health And Safety Code 11162.5
It is a crime under HSC 11162.5 to possess counterfeit prescription blanks for drugs. If the prosecutor accuses you of this offense, the prosecutor must prove the following elements:
- You intentionally possessed counterfeit prescription forms
- You counterfeited one of these prescription forms
‘’Counterfeit’’ means producing the actual imitation of something with the intention of defrauding or deceiving. Some medical practitioners use prescription forms to authorize or order a prescription for a controlled substance. These prescription forms are also known as ‘’prescription pads.
Violation of HSC 11162.5 is often charged as a wobbler. This law covers offenses of counterfeiting prescription blanks and knowingly possessing more than three counterfeit prescription blanks.
You could face a jail term of one year in a county jail if the judge convicts you of a misdemeanor. A felony charge can attract a jail term of 16 months, two years, or three years in a county jail.
Find a Criminal Defense Attorney Near Me
You should seek the services of a reputable criminal defense attorney if you are accused of illegal practice of medicine. Unauthorized practice of medicine can have negative repercussions in your life, to the extent of affecting your career and livelihood. An experienced attorney can help you obtain a fair outcome in your case, no matter how intricate the charges against you.
At the CCLG: Los Angeles Criminal Attorney, we can help you create a solid defense to fight against your charges. Call us at 323-922-3418 to talk to one of our attorneys.
