Unauthorized Practice of Medicine
Charges for practicing medicine without a license
In the State of California, practicing medicine without authorization—clandestinely or without a license—is considered an extremely serious offense. Anyone who practices medicine without a license and provides medication illegally, medical diagnosis, prescriptions, surgery, treatment for disorders, physical injury, or mental health issues, among other things, is severely penalized.
It is illegal to practice medicine without proper authorization or a license. In the city of Los Angeles, both federal and state authorities investigate and monitor all cases of illegal medical practice occurring in the metropolitan area.
Charges for practicing medicine illegally may arise in the following situations:
- A healthcare professional from another country living in California who offers medical treatment or consultations to foreigners for a fee.
- A person without medical credentials who practices hypnosis to treat diabetes or obesity.
- A person with nursing knowledge but not licensed in California providing care in private homes or family residences.
Illegal medical practice can result in very severe sanctions or penalties under California’s Business and Professions Code §2052, which prohibits the unlawful practice of medicine in the State of California.
Does owning a medical clinic require permits or authorization?
Anyone who owns a clinic, medical dispensary, or health office must be a licensed medical professional; otherwise, they would be committing the crime of practicing medicine illegally. Only individuals authorized and certified as physicians may legally own a medical office. People who practice medicine illegally cannot receive payment from a hospital or clinic for health services. Likewise, it is a crime if an unlicensed individual owns a medical office and a licensed professional manages it—both would be committing an offense and would be penalized.
Can medical assistants practice medicine?
Medical assistants are authorized to support a physician or healthcare professional. They possess useful skills and knowledge to assist, but they are not legally allowed to practice medicine as if they were doctors because they are not licensed.
Is referring patients to unlicensed doctors illegal?
Certain actions make this illegal and punishable. First, if a doctor refers a patient to another doctor knowing that the latter has no license, it is penalized. Second, if a person attempts to facilitate medical care for a family member by seeking an uncertified doctor, this is also punishable by law. Therefore, referring or taking someone to an unlicensed doctor is illegal.
What are the consequences of practicing medicine illegally in California?
Being accused of practicing medicine without a license can lead to the following penalties:
- Probation.
- One year in state prison.
- A fine of $1,000.
If charged with a felony for practicing medicine, the penalties may include:
- Felony probation.
- Sixteen months to two or three years in prison.
- A fine of $10,000.
In other words, individuals with medical knowledge or the ability to provide medical assistance, but who do not have a license or certification in California, must exercise extreme caution. Performing medical practice without authorization can result in severe penalties. There are cases where well-intentioned people trying to help others end up practicing medicine unlawfully, and in such situations, legal representation is crucial.
There are also cases where individuals have been unjustly accused of practicing medicine illegally. In these instances, having an attorney to defend against such accusations is very important. Before being charged or having evidence presented against you, seek a lawyer who can represent you and persuade prosecutors to weaken the case.
The crime of practicing medicine is considered a white-collar offense in California and is severely penalized. Anyone accused of this crime must act quickly, as they could face imprisonment, heavy fines, and other consequences.