Unlicensed Medical Practice Prosecutions
Unlicensed Medical Practice: Overview
Legal Framework:
Practicing medicine without a valid license is illegal in every state and is usually classified as a criminal offense—often a misdemeanor or felony depending on severity and jurisdiction.
Medical practice generally means diagnosing, treating, prescribing, or otherwise providing professional healthcare services.
State medical boards regulate licensing; unauthorized practice undermines public safety, risking harm from unqualified providers.
Laws aim to protect the public from malpractice, fraud, and unsafe medical practices.
Penalties include fines, imprisonment, injunctions, and orders to cease operations.
Key Legal Elements:
Engagement in medical practice: The defendant must perform acts considered the practice of medicine.
Lack of license: The person must not hold a valid license issued by the state medical board.
Intent: Some states require knowledge or intent to practice without a license; others impose strict liability.
No exceptions: Exceptions may apply for supervised practice, certain professions, or non-medical acts.
Case Law Examples
1. People v. Turner, 40 Cal. App. 4th 1070 (1995)
Facts:
Turner operated a chiropractic clinic and provided spinal manipulation without a medical license.
Legal Issue:
Whether chiropractic manipulation constitutes the unauthorized practice of medicine under California law.
Holding:
The court found Turner guilty of unlicensed practice, ruling that performing procedures that affect the human body for therapeutic purposes without a license qualifies as illegal practice.
Significance:
Clarified the scope of “medical practice” to include alternative therapies when done outside proper licensure.
2. State v. Brown, 516 N.W.2d 330 (Minn. Ct. App. 1994)
Facts:
Defendant administered injections and gave medical advice without a license.
Legal Issue:
Whether administering injections without a license constitutes illegal medical practice.
Holding:
The court upheld the conviction, holding that injections are a medical act requiring licensure.
Significance:
Confirmed that even specific procedures, not just diagnosis or surgery, fall under regulated medical practice.
3. Commonwealth v. Kumar, 885 N.E.2d 1137 (Mass. 2008)
Facts:
Kumar, who had lost his medical license, continued treating patients and issuing prescriptions.
Legal Issue:
Whether continuing to practice after license revocation constitutes criminal unlicensed practice.
Holding:
The Massachusetts Supreme Judicial Court upheld the conviction, emphasizing that continued treatment or prescribing after license revocation is a criminal offense.
Significance:
Reinforced that license revocation bars any form of medical practice.
4. People v. Kersey, 2 N.Y.3d 682 (2004)
Facts:
Kersey performed acupuncture without being licensed as an acupuncturist or medical doctor.
Legal Issue:
Whether acupuncture qualifies as the practice of medicine requiring a license.
Holding:
The New York Court of Appeals ruled that acupuncture constitutes the practice of medicine or a related profession and requires appropriate licensing.
Significance:
Expanded recognition of non-traditional medical practices under licensure laws.
5. State v. Gonzalez, 315 P.3d 126 (Nev. 2013)
Facts:
Gonzalez was arrested for offering medical marijuana recommendations without a physician license.
Legal Issue:
Whether recommending medical marijuana constitutes practicing medicine requiring a license.
Holding:
The Nevada Supreme Court held that providing medical recommendations is a medical act and requires a license, making Gonzalez’s actions unlawful.
Significance:
Applied unlicensed practice laws to emerging medical practices like medical marijuana recommendations.
6. People v. Casey, 80 Ill. App. 3d 123 (1980)
Facts:
Casey performed minor surgical procedures at a non-medical clinic.
Legal Issue:
Whether minor surgery performed without a license qualifies as unlawful medical practice.
Holding:
The court affirmed that performing any surgical procedure without a license constitutes illegal medical practice, regardless of severity.
Significance:
Confirmed that the scope of medical practice includes surgical acts, no matter how minor.
Summary of Legal Principles
Medical practice includes diagnosis, treatment, surgery, prescribing, and many procedures.
License is mandatory; practicing without one is criminal.
Intent to practice is often required but strict liability applies in many states.
Non-traditional therapies (acupuncture, chiropractic, marijuana recommendations) are covered when state laws so provide.
Penalties vary but often include fines, imprisonment, and injunctions.
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