Under California Business & Professions Code Section 2052: Unauthorized Practice of Medicine, you need a valid medical license to professionally handle someone’s health in California. If you are caught practicing medicine without authorization in the state of California, you can face prosecution and severe legal consequences.
If you are facing false allegations or legitimate accusations of practicing without a valid license, Los Angeles criminal defense lawyers with a deep understanding of California Business & Professions Code can help you learn more about this charge and what to do to fight it and get your life back.
Legal Definition of the Unauthorized Practice of Medicine
Understanding California Business & Professions Code Section 2052: Unauthorized Practice of Medicine can be helpful if you are facing charges under California law. The law prohibits individuals from treating other individuals’ medical concerns if they are not certified or licensed to do so.
Specifically, under the California Business & Professions Code Section 725(b), unlicensed individuals in the state of California are prohibited from engaging in any of the following activities:
- Practicing, trying to practice, or advertising oneself as a practitioner who can treat illness or some other physical or mental condition
- Attempting to figure out what illness or issue is causing someone’s symptoms (making a “diagnosis”)
- Giving someone drugs, doing procedures, or providing care meant to make a disease or condition better (providing “treatment”)
- Doing tests to gain information about an illness or problem in the body (running “diagnostic tests”)
- Offering advice to “cure” or provide relief from discomfort and symptoms
- Claiming you have the proper training and ability to do any of these medical acts, even if you can’t actually follow through
- Helping another person engage in any of the above behaviors
For example, suppose that an individual is a doctor in another country but starts treating patients in the U.S. without a license and charges them for that service. This person is guilty of the unauthorized practice of medicine. The same is true for any individual who has no credentials but provides medical services, like being a midwife, for a fee.
Penalties You Could Face if Convicted of Unauthorized Practice of Medicine
Unauthorized practice of medicine, also known as the illegal practice of medicine, refers to engaging in medical activities or providing medical services without a valid medical license or professional credentials. This offense can lead to various penalties, including civil and criminal consequences, depending on the jurisdiction and circumstances involved.
If you find yourself facing accusations of unauthorized practice, it is crucial to consult a knowledgeable criminal defense attorney for assistance. A lawyer can work hard to protect you from the following unwanted outcomes:
Civil Penalties
Unlicensed practice of medicine under California Business & Professions Code Section 2052 can result in civil penalties, typically in the form of monetary fines. The amount of the fine can vary based on the severity of the offense, the harm caused to patients, and any prior violations.
Civil penalties aim to deter individuals from engaging in unauthorized medical practice and protect the public from potential harm. Even if you don’t have a previous criminal history or prior violations, these penalties can turn your life upside down. Reach out to an attorney to get the advocacy you need to avoid severe consequences.
Criminal Charges
In more serious cases, the unauthorized practice of medicine can lead to criminal charges. These charges may include misdemeanors or felonies, depending on the jurisdiction and the extent of harm caused. Criminal penalties can involve fines, probation (either misdemeanor probation or felony probation), and even imprisonment in county jail.
The severity of the consequences depends on factors such as the duration and scope of the illegal practice, fraudulent actions, and the resulting harm to patients. Even if you are a properly licensed physician and are facing false charges, you should still hire an attorney to guide you through the defense process.
Injunctions and Cease-and-Desist Orders
Regulatory authorities and medical boards have the power to seek injunctions or issue cease-and-desist orders to prevent unlicensed individuals from continuing their unauthorized medical practice. These legal actions are intended to protect the public and ensure compliance with licensing requirements.
If you’ve been accused of unauthorized practice of medicine under California Business & Professions Code Section 2052, a lawyer can work hard to protect you from these orders. That way, you can continue to support yourself and your family.
Professional Consequences
Engaging in unauthorized medical practice can have severe impacts on your career as a medical professional. It can lead to the revocation or suspension of your professional licenses, including medical licenses, thereby prohibiting you from practicing medicine in the future.
A skilled lawyer will have a great deal of experience representing unlicensed persons and those with proper licensure. No matter how serious your situation is, an attorney can work hard to preserve your career and your standing in the medical community.
Civil Liability
Unlicensed practice of medicine under California Business & Professions Code Section 2052 can also expose you to civil lawsuits filed by patients who have allegedly suffered harm as a result of your actions.
These lawsuits can result in financial damages awarded to the affected patients, further compounding your legal and economic repercussions. It is essential to learn about the specific laws and regulations that govern the unauthorized practice of medicine in your jurisdiction for accurate information regarding penalties and consequences.
If you’re facing accusations or charges for providing medical services without a license, consider seeking the guidance of an experienced Los Angeles federal crimes lawyer. This professional may be needed to protect your rights and build a strong defense.
Is Hiring a Lawyer Necessary When Facing Practicing Medicine Without Authorization Charges?
The legal issues that you can face by practicing medicine without authorization can be complex and difficult to navigate. It is highly recommended that you seek the advice of an experienced lawyer if you are facing charges related to the unlawful practice of medicine.
A qualified attorney will be familiar with the laws in your state, including California Business & Professions Code Section 2052: Unauthorized Practice of Medicine. An attorney can provide sound legal advice so you have a better chance of avoiding criminal convictions.
By taking advantage of the experience and resources of a lawyer, you can minimize the chances of facing serious legal repercussions. Even if you are a medical doctor or medical assistant who has a license, you should still hire an attorney to deal with any accusations made against you.
How a Criminal Defense Lawyer Can Help You
If you’re facing charges of unauthorized practice of medicine in California, you need a dedicated criminal defense lawyer. An experienced attorney can take the following actions to protect your rights and combat your charges:
- Explain the criminal charges you’re facing so you fully understand what the law says and why you’re being accused.
- Gather evidence to build a strong legal defense case.
- Advise you on how to respond to investigators or licensing boards for medical doctors without incriminating yourself.
- Speak to law enforcement and prosecutors on your behalf to protect you from self-incrimination.
- Develop a tailored defense strategy based on your background, intent, and the facts of the case.
- Help you collect documentation that shows your role, training, or lack of intent to engage in an unlawful practice.
- Prepare you for every court appearance so you feel confident and ready.
- Negotiate with prosecutors to reduce or dismiss charges or secure an alternative resolution.
- Keep you updated on every step in the process so you never feel lost or overwhelmed.
- Protect your rights throughout the investigation and trial process.
Successful Legal Defenses for Unlawful Practice of Medicine
You still have legal options available to you if you have been charged with the unauthorized practice of medicine under California Business & Professions Code Section 2052. An attorney can review charges of providing medical services without a license, gather evidence, and determine what the best legal defense is for your unique situation.
Depending on the details of your case, your attorney could argue that your actions did not meet the legal definition of “practicing medicine.” If you are a legitimate healthcare professional, your attorney may also be able to prove you were falsely accused.
In either case, this is a serious charge with serious consequences. Allow our legal professionals to bolster strong defense strategies that help you avoid criminal convictions. Our common defenses are based on gathering sufficient evidence and preparing compelling legal arguments.
What to Look for in a Criminal Defense Lawyer
If you are a licensed doctor, medical assistant, or unlicensed doctor who’s facing serious charges related to the unlawful practice of medicine, your situation is likely incredibly complicated. You’ll need an experienced attorney you can trust if you want to avoid a severe outcome.
It’s highly recommended that you schedule a free consultation with an attorney to see if they are the right fit for your case. Make sure to ask a potential legal advocate the following questions to determine if you should hire them:
- Have you handled cases involving California Business & Professions Code Section 2052: Unauthorized Practice of Medicine?
- What experience do you have with Business & Professions Code violations in general?
- How familiar are you with how medical boards or licensing agencies interact with these types of criminal cases?
- Could I face time in county jail and other penalties if convicted?
- Am I facing a misdemeanor conviction or a felony conviction?
- How would you approach building a defense in my case?
- Have you worked with expert witnesses or investigators in cases like this before?
- Will you be the one handling my case personally, or will it be passed to someone else in your office?
- How often will I get updates, and how do you prefer to communicate with clients?
- How do you handle cases where there’s a parallel investigation by a licensing board or agency?
- What will you need from me to give you the best chance of a successful defense?
- What are your fees?
Asking a potential attorney these questions can help you determine if they are the right choice for your unique case. If you are satisfied with the answers a lawyer gives, you’ll want to consider working with them to resolve your legal matter.
Additional Charges Related to California Business & Professions Code Section 2052: Unauthorized Practice of Medicine
Sometimes, in addition to the unauthorized practice of medicine charge, you may be charged with other associated crimes. For instance, prosecutors may tack the following crimes onto your case:
- Prescribing a Controlled Substance Without a Legitimate Purpose
- Prescribing a Controlled Substance Without Treatment
- Providing a Counterfeit Prescription Blank
- Selling Marijuana
These charges add increased severity and greater penalties, and they make your chances of getting felony charges more likely. If you are facing multiple charges, we strongly suggest you consult with a successful criminal defense attorney.
A conviction of even one of these charges can send you to jail, cost you thousands of dollars, and cause you to lose everything you’ve worked for thus far. Don’t take the chance and go it alone. There’s simply too much at stake.
Facing False Accusations of Providing Unlicensed Medical Treatment? Call Us Now
If you’ve been charged under California Business & Professions Code Section 2052: Unauthorized Practice of Medicine, you face serious fines and jail time, and that’s without any additional charges tacked on. You can also face the suspension or revocation of your legitimate professional license, which can leave a permanent scar on your reputation.
Don’t lose everything you’ve worked for in the blink of an eye. Reach out to our qualified team at the Simmrin Law Group today for help. We have handled more than 100 jury trials for clients, and we’re ready to fight in your corner as well. Call us today or fill out our online contact form now.