Under the Business and Professions Code, practicing medicine without a valid medical license is a crime. Anyone practicing medicine must complete the required training and receive a professional license from The Medical Board of California. When unqualified individuals perform medical tasks, they endanger patients. This act is a serious crime with harsh penalties.

Prosecutors aim for convictions to hold offenders accountable and discourage others from doing the same. If the authorities arrest or charge you with this offense, contact a skilled criminal defense lawyer. They can defend you in court.

Unauthorized Medical Practice Under California Law

In California, the Business and Professions Code (BPC) Section 2052 punishes individuals who practice medicine without a license. The offense includes activities such as:

  1. Practicing, trying to practice, or promoting oneself as practicing any method of treating illness or health issues.
  2. Diagnosing, performing surgery, treating, or prescribing medication for any health problem, injury, or mental condition.
  3. Helping or encouraging someone else to do any of the above actions.

Let us examine some of these terms to understand their meanings.

No Physical Injury Or Illness Is Necessary

A key aspect of California’s legal definition of unauthorized practice of medicine is that it does not require any actual harm or injury to occur. There is also no need to have the intention to cause harm. It means that unauthorized medical practice is a victimless offense, yet an offender risks facing harsh penalties.

Diagnosis and Treatment

Diagnosis involves figuring out a patient’s health issue by looking at:

  • Symptoms—these are the feelings the patient experiences that indicate they may have a condition or illness.
  • Medical history—this involves gathering information about the patient’s past and current health problems, medications, surgeries, allergies, lifestyle habits, and family health background. It gives a full view of the patient’s health.
  • Physical examinations—healthcare professionals perform detailed body checks to find signs of sickness or abnormalities in various systems.
  • Diagnostic tests—these are procedures that gather health information, such as lab tests, imaging like X-rays or MRIs, biopsies, or other specialized assessments.

Treatment involves applying medical methods, therapies, medications, or surgeries to address, relieve, or cure the identified health issue. Treatment plans differ based on the diagnosis and may involve:

  • Medication use
  • Physical therapy
  • Lifestyle changes
  • Surgery
  • A combination of these practices

The court could also prosecute you for using modern medicine or alternative treatments, like acupuncture or hypnosis, without proper qualifications.

Physical and Mental Health Issues

The laws focus on stopping unlicensed individuals from diagnosing, treating, performing surgery, or prescribing medications. They do not name specific illnesses. These laws cover a broad range of physical and mental health issues, such as:

  • Diseases
  • Disorders
  • Injuries
  • Any other health-related conditions

Conspiracy or Aiding in Illegal Medical Practice

Conspiring to practice medicine illegally means two or more people plan or agree to break medical regulations. Conspiracy involves discussions or agreements among people who plan to engage in medical activities without the proper licenses or qualifications.

Assisting in the illegal practice of medicine means helping or encouraging people or organizations that break medical regulations. It could include:

  • Supporting the operation of a medical practice run by unlicensed individuals.
  • Supporting unqualified medical services
  • Being aware that you are backing actions that violate accepted medical standards.

Doing this could result in criminal charges in California. Business & Professions Code 2052 states that the unauthorized practice of medicine only applies to activities occurring “in this state,” meaning California. However, this idea has become more complicated due to the internet.

To engage in medical practice in California, you must have a valid license. You could still face charges even if you are a licensed doctor from another state or country.

Providing medical services in California requires compliance with the state’s licensing rules. This rule applies whether the services are in person or remote. The laws ensure that anyone providing medical services in the state meets the necessary qualifications. They must also follow licensing regulations, regardless of where they practice.

Can Non-Physicians Own Medical Practices in California?

California law requires that licensed physicians or qualified healthcare providers own or control most medical practices. It is the “corporate practice of medicine," which aims to protect medical decisions' independence.

It stops unlicensed groups, such as companies, from having too much control over medical practices. Companies and similar entities do not have authority in the medical field. The goal is to ensure that only licensed doctors are responsible for medical decisions.

In this system, only licensed physicians can make specific healthcare choices. These include selecting appropriate tests, making referrals, managing patient care, and setting doctor work guidelines.

Physicians control decisions about the business and management of medical practices. These decisions involve aspects like:

  • Patient records
  • Staffing choices
  • Contracts
  • Billing and coding
  • Choosing equipment

The rules ban specific ownership and operational setups. Non-physicians cannot own patient care businesses, and physicians cannot run practices under specific organizations or management services that offer medical care beyond administrative tasks.

Practice After Giving Up Your Medical License

If you choose to give up your physician’s and surgeon’s licenses in California, you lose your right to practice medicine. Practicing medicine after giving up your license can result in charges of illegal practice.

You can surrender your professional license for doctors, including those planning to retire. Once you do, you cannot renew it. If you want to return to practice, you must reapply. You will need to meet current licensing standards, which may include exams.

You cannot surrender your license if the Medical Board of California investigates you. You also cannot surrender it without ongoing disciplinary action against you.

Penalties For Practicing Medicine Without a License

The consequences for practicing medicine without permission vary based on whether the prosecutor labels it a misdemeanor or a felony. This choice often relies on:

  • The details of your case (like if anyone was harmed or became ill due to your actions) and
  • The defendant’s past criminal record.

If the court charges you with a misdemeanor, practicing medicine without a license can lead to the following penalties:

  • Up to one year in jail
  • A fine reaching up to $1,000, or both jail time and a fine.
  • Probation instead of jail time.

If the court convicts you of a felony, the potential penalties could be:

  • Sixteen months, 2 years, or 3 years behind bars.
  • A fine not exceeding $10,000, or both prison time and a fine.
  • Probation as another alternative to serving jail time.

Consequences of a Conviction on Your Profession

The Medical Board of California requires license holders to report if they are:

  • Charged with a felony or indicted,
  • Convicted of either a felony or a misdemeanor.

You only need to report a misdemeanor if the court finds you guilty. If the court drops the misdemeanor charge without a conviction, you do not need to inform the Medical Board.

Failing to meet the self-reporting requirements of the Medical Board of California can have serious consequences. Fines can go as high as $5,000. Not following the rules might also lead to disciplinary measures from the Medical Board.

For Licensed Medical Professionals

If you hold a license, the board might consider suspending or revoking it depending on various factors. These include:

  • The seriousness of your offense
  • Its impact on public safety
  • Your suitability for the profession

Licensing boards consider both aggravating and mitigating factors when examining disciplinary actions. It helps them make a fair decision. Here are some examples:

Factors that aggravate the situation include:

  • The nature of the crime.
  • A record of similar offenses.
  • Any harm done to patients or the community.
  • Intentional involvement in fraud.
  • Lack of remorse or unwillingness to take responsibility.

Mitigating factors include:

  • Taking steps to fix the issue, like joining rehabilitation programs.
  • Cooperating with the investigation and showing a willingness to make things right.
  • Seeing the offense as a single mistake rather than a repeated problem might lead to more leniency.
  • Strong character references and a history of good behavior.
  • Proof of personal development, rehabilitation efforts, and steps to prevent future issues.

The court looks at these factors, and their significance in the case can change based on your circumstances.

When Renewing Your License

When you renew your license, the Medical Board requires you to share any convictions from the last year. This information is crucial for assessing your capability to practice.

The need for disclosure during renewal is extensive. It includes various legal situations. You must report any conviction, no matter where it occurred. It includes:

  • Deferred entries of judgment.
  • Convictions that have been set aside or deferred.
  • A no-contest plea.
  • Certain infractions, such as those related to controlled substances or fines of $300 or more

When Applying for a License

Medical professionals must meet higher standards. A criminal history may affect your license application. If the board finds your rehabilitation evidence convincing, they may reconsider.

The board is more likely to deny a license if the crime relates to medical practice, such as practicing medicine. The type of offense is essential to the board’s decision. Crimes associated with the medical field raise serious concerns.

Civil Liability for Practicing Without a License

In California, if someone is harmed due to your unlicensed medical practice, they can take legal action against you in civil court for damages. Unlicensed practice often suggests that the care provided was negligent. A typical medical malpractice case can serve as solid evidence of this negligence.

Your unauthorized practice might result in a patient suffering temporary or permanent harm. Serious injuries can occur from incorrect surgeries or prescriptions. These serious injuries may lead to ongoing medical expenses for the patient. Engaging in unauthorized practice could lead to serious injuries such as:

  • Chronic lung issues
  • Severe burn injuries
  • Traumatic brain injury
  • Paraplegia or paralysis
  • Injuries that cause deafness or blindness
  • Brain injuries may lead to cognitive difficulties or physical disabilities.

Even if you were previously licensed, if you treated a patient without a proper license, that patient can still sue you for practicing without a license.

If you intentionally practice medicine without a license and injure a patient, this could lead to punitive damages. A judge and jury may find your actions so severe that you must pay the injured patient for the actual damages and also face extra penalties for misleading the patient.

Factors to Consider Before Preparing a Defense

If you are facing charges of practicing without a valid license, there are several factors your lawyer will guide you on as you build your defense. Your attorney will help with legal matters such as protecting your rights, ensuring the evidence against you is appropriately handled, and other aspects of your case.

While your lawyer prepares your defense, there are important points you need to grasp. These include:

  • Good intentions do not count as a legal defense—whether your actions led to positive outcomes does not matter. Practicing medicine without a license is a crime, even if the patient saw positive results. Even if you meant well and aimed to help, you still violated the law by practicing without a valid license. Interestingly, achieving good results is not a valid defense, but causing harm to a patient can lead to harsher penalties.
  • Routine services do not exempt you from legal issues—some may claim that the services they provided were not medical, but this is a mistaken belief. Your lawyer will clarify which services are considered medical, even if you are not trained. For example, you cannot perform acupuncture without a valid license in California. Likewise, offering midwifery services for payment requires a permit. You should consult a lawyer before providing services if you are unsure about licensing requirements.

Legal Defenses For Unauthorized Medical Practice

To defend against charges of practicing medicine without a license, you need a careful strategy to achieve the best legal result. The right defense plan depends on the details of your case. Your defense lawyer should help you choose a strategy that fits the specific situation related to your charges.

Some common defenses in these cases include:

Your Actions Do Not Align with the Legal Definition of Practicing Medicine

When the law is not clear, especially regarding alternative treatments like acupuncture, your defense lawyer can claim that these methods do not count as practicing medicine.

This defense highlights the contrasts between conventional Western medicine and alternative approaches. Your lawyer will present evidence or arguments to show that your actions do not fit the legal definition. The goal is to weaken the prosecution’s case and prove the charges are baseless.

A personal trainer can also use this defense. Personal trainers focus on fitness, exercise, and health. You can argue that your recommendations are related to physical fitness and nutrition rather than medical care.

Someone Falsely Accused You

You might be wrongly accused of practicing without a valid license. You should collect proof to show that you have done nothing illegal in your medical practice. This proof can include:

  • Detailed records
  • Communication logs
  • Documentation of your work activities

Another crucial part of your defense is explaining that you never intended to practice medicine illegally. Obtaining statements from coworkers, clients, or others can boost your defense.

You Have a License, or Thought You Had One

You can dispute claims of practicing medicine without a license by proving that you have a permit or believe you have one. This defense requires presenting solid evidence to back up either claim. If you have a valid, unrevoked, or unsuspended medical license in California, you should show proof of your licensure. These can include a copy of your license, official documents from licensing agencies, or records confirming your current status.

The effectiveness of this defense will rely on the specifics of the case, the strength of the evidence, and the legal criteria at play. If there was a genuine misunderstanding or a reasonable belief in your licensure, it could reduce the severity of the charges.

Offenses Related to Unauthorized Medical Practice

Below are some offenses the prosecutor can charge you with instead of unauthorized practice of medicine:

Unauthorized Prescription of Medical Marijuana

In California, marijuana is allowed for both recreational and medical purposes. Specific laws regulate how people can use it. A fundamental law is Proposition 215, known as the “Compassionate Use Act,” which voters passed in 1996. This law played a crucial role in making medical marijuana legal in the state.

To prescribe medical marijuana in California:

  • You must be a licensed physician in California.
  • You should be a designated caregiver under the Medical Marijuana Identification Card Program (MMICP).

Unauthorized Use of Titles and Letters

California’s Business and Professions Code Section 2054 makes it illegal to use titles like “doctor” or “physician.” It also prohibits abbreviations like “Dr.” or “M.D.” without a valid and active medical certificate. It can lead to misdemeanor charges. However, there are some exceptions:

  • Postgraduate trainees—those enrolled in a board-approved training program who have graduated from recognized medical schools
  • Uncertified graduates—individuals who have graduated but do not hold a physician or surgeon certificate. They must have an active license in another state that is not revoked or suspended. They should not present themselves as physicians in California.
  • Authorized individuals—those allowed to practice medicine under Sections 2111 or 2113, following the specific limitations in those sections

Finding a Criminal Defense Attorney Near Me

Practicing medicine without a valid license is a serious crime that may lead to criminal charges, fines, probation, or even jail time. Also, patients harmed by your unauthorized medical practice could take legal action against you for compensation.

If you face charges for practicing medicine without a license in Long Beach, California, you can contact The Legal Guardian to assist you in navigating the California criminal justice system. We can help you have the charges dropped, reduced, or secure a favorable outcome. Contact us today at 866-448-6811 for more help.