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ViewsPracticing Without a Valid License
By TodaysNurse
What does it mean to practice medicine?
Practicing medicine without a valid license, or the unauthorized practice of medicine, is a criminal offense that can bring about some serious penalties.
The general public heavily relies on doctors for wellness and health, but unfortunately, the people we put our faith in aren’t always practicing ethically or legally. Due to high risk and potential harm that doctors can cause people, the government has strictly regulated the healthcare profession in an attempt to minimize malpractice.
Each state has its own legal definition and laws for practicing medicine and the penalties for practicing without a license differ in each state. Each state is also responsible for providing medical licenses, and when a person receives one, it allows him or her to practice in that specific state. However, in every state in the United States, the unauthorized practice of medicine is illegal.
Generally, when a person tries to diagnose a disease, cure an illness, perform surgery, prescribe medication, or claims to be a doctor, it is considered practicing medicine.
It can be tricky to define “the practice of medicine”, especially when it comes to medical advice. If a person claims to be a doctor when giving medical advice, but is in fact not a doctor, it is illegal. Claiming to be a doctor implies the person has completed intensive medical school and training, and achieved a medical license. Therefore, it would be assumed that the person giving medical advice is giving educated and intelligent advice supported by vast knowledge and experience.
On the other hand, plenty of people share medical tips without claiming to be a doctor, and this is legal. For example, it is okay if you tell your friends to take vitamins so they don’t get sick.
It is also okay and legal for publications like magazines and websites to provide generalized advice in regards to health. It becomes illegal when tips are directed to a specific person and his or her particular condition.
Penalties for practicing without a license
The level of penalty someone receives for practicing without a license will likely become more severe if significant harm was done. For example, if someone’s physical, psychological or financial state was debilitated, harsher punishment may be given. If someone dies due to illegal medical practices, a manslaughter charge can even be applied.
There are several penalties associated with practicing medicine without a license. Again, depending on the exact situation and in which state the offense took place, different penalties will be given. The unauthorized practice of medicine can be a misdemeanor or felony.
Some punishments may include:
Fines: The amount a person will be fined also depends on whether the crime was a misdemeanor or felony. Misdemeanor fines are typically topped at $1,000. Felony fines are higher than misdemeanor fines, and sometimes surpass $10,000.
Restitution: If a person practices medicine without a license and causes another person to suffer a loss, the criminal will have to pay the victim restitution payments for compensation of the loss. The amount of the restitution payments will differ case by case.
Probation: People who are criminally convicted of practicing medicine without a license can also be given a probation sentence. Probation usually lasts at least one year, but sometimes longer. While a person does not have to be in jail during probation, he or she still must comply with the limitations of the sentence.
Jail or prison time: While a person convicted of a misdemeanor will face a maximum jail sentence of one year, a person convicted of a felony can be sentenced to eight years or more in prison.
Why do people practice medicine without a license?
There is no specific answer as to why a person would practice medicine without a license. There have been cases in which people who have no medical education or experience at all have pretended to be doctors. Some of these people simply wished to act as a doctor, so they pretended they were one. Obviously, pretending to be a doctor is not a good idea and has many serious consequences.
In some situations, people have gone to medical school, but never received a license to practice. In these cases, the people thought it was okay to practice medicine because they received an education. But, practicing without a license is illegal no matter how much education you received.
It is also illegal to practice medicine in a state other than the one you received your license in. If your medical license is a California license, but you wish to practice in New York, it is necessary to get a license for New York State to practice legally.
Each state may have differing requirements for their licenses, so it is important to know what these requirements are before pursuing a medical license.
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Practicing Without a Valid License
By Nurse Advisor Magazine (Official)
Practicing medicine without a valid license, or the unauthorized practice of medicine, is a criminal offense that can bring about some serious penalties. Learn more here.
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