Unauthorized Practice of Medicine (BP 2052) in Aliso Viejo

The Medical Practice Act, Business and Professions Code section 2052 makes it illegal for any medical provider or professional including dentists, doctors, nurses, veterinarians and so on, to render services without a valid license in the state of California.

For example, the process for obtaining a California Physician License includes needing to complete two years of your residency and passing an exam in order to be eligible to even apply. The complete four steps involved that need to be completed before becoming licensed include obtaining your certification, finding a medical residency program or fellowship, otherwise known as a Graduate Medical Education Program, applying for the Postgraduate Training Authorization latter, and then applying for a license. The steps are laborious and not only do they involve a lot of time, they also involve a lot of money in most circumstances. However, they are incredibly important in being authorized to practice medicine in California.

Situations that Can Lead to Unauthorized Practice of Medicine

According to BP 2052, if a person renders medical services, attempts to do so or purports that they can render medical services without having a valid license, then they are guilty of a crime.

Even though the person may have completed medical school, they cannot legally practice in the city of Aliso Viejo or in the wider state of California without a valid license.

If you have an invalid, revoked or suspended license, the following situations may constitute unauthorized practice as described in BP 2052:

  • Having a valid license in another state but not one in the state of California
    • For example, if a person with a license from another country that did not possess a medical license to practice in California were to offer to diagnose people or treat them in exchange for money, it would be considered an unauthorized practice of medicine.
  • Attempting to treat or diagnose an injury or illness
  • Advising or dispensing medicine or dangerous controlled substances
  • Signing a medical chart using the false identity of someone who is licensed
  • Rendering medical services beyond one’s training, assigned duties or if unsupervised by a licensed physician
  • Performing a service that involves penetration of the skin using devices. This includes surgery
  • Diagnosing and treating remotely from a state where one isn’t licensed
  • Control or ownership of a medical practice by someone who isn’t a doctor
  • Aiding and abetting a person who is unauthorized to practice medicine to render medical services

Accusations or investigations for unauthorized practice of medicine can easily end a career. Even if a person successfully prevails against the accusations, the consequences may endure for much longer as each state’s medical boards may have decision-making mechanisms that are independent from any criminal court’s findings. As such, it is important to find an attorney with experience in ‘unauthorized practice of medicine BP 2052’ to represent you in front of your accusers in court.

Contact Johnson Criminal Law Group now if you believe you are being investigated or have already been charged in violation of BP 2052.

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