Laws on Practicing Medicine Without a License

The practicing of medicine without a license and nursing without a license is also known as the unauthorized practice of medicine.  Practicing medicine without a license can include a range of activity, but some of the more common examples include the following examples:

• holding oneself out as a doctor when in fact one is not
• using the letters “M.D.”, “D.O.”, or any other abbreviations to indicate an affiliation with treating patients
• prescribing medication to a person when one is not licensed to write prescriptions
• giving a person a medical diagnosis
• providing medical treatment to a person without holding a medical license
• giving a medical examination when one does not have a medical license required for the examination
• an actual physician who practices medicine outside of the scope of the license for which the physician possesses
• a former physician who has had his medical license revoked continues to practice medicine
• improper delegation of authority by a physician to staff members such as nurses or assistants who then engage in the practice of medicine

Laws Against the Illegal Practice of Medicine

Every state has different laws which pertain to the illegal practice of medicine.  However, in all states, practicing medicine without a license constitutes a crime.  As a result, anyone engaging in such conduct is subject to criminal consequences.  In addition, other civil based laws can be triggered by the illegal practice of medicine, depending upon the circumstances of the matter.  For example, if an individual pretended to be a doctor and performed an exam on a patient, the patient could possibly file a lawsuit based upon assault, battery and infliction of emotional distress, depending upon the particular laws of the jurisdiction.

Penalties, Sentences, Fines & Repercussions

In the event that an individual has been found guilty of the crime of unauthorized practice of medicine, there are various penalties, sentences and fines which could be assessed.  These include but are not limited to the following examples:

• jail and prison sentences
• civil monetary penalties
• community service
• loss of a medical license (where the individual has a license)
• probation
• parole

How to Identify and Report the Illegal Practice of Medicine

In order to determine whether an individual is practicing medicine without a license, one should first ask the individual for their license information, including the license number, date of issuance, the name on the license and the licensing authority.  Thereafter, one should attempt to verify the licensing information with the authority.  If one is unable to verify the information, one should ask the issuing entity if there is any other way that the information would be stored elsewhere, to be certain that all of the databases have been checked.  Next, obtain a letter from the licensing agency that there is no license for the individual.  Report the matter to the local Police Department, Board of Medical Licensure or Board of Medicine, the hospital where the physician has privileges and the office where the physician works if it is a group practice.

Obtaining Legal Help if Charged with the Illegal Practice of Medicine

If you have been charged with the illegal practice of medicine, also known as the unauthorized practice of medicine, it is crucial to retain the services of a criminal defense attorney immediately.  An experienced criminal defense attorney will not only be able to advise you as to your rights, but also the attorney will be able to present your case in the best possible way in order to put forth the most advantageous defense.