California maintains strict standards for who can practice medicine and imposes serious penalties for violations.
Under CA Business & Professions Code 2052 BPC, it is a crime to practice medicine or operate a healthcare facility staffed by physicians without a valid California medical license.
It is also illegal to advertise oneself as practicing any treatment system for illness or affliction. To convict someone of unauthorized medical practice, the prosecutor must establish certain elements of the crime beyond a reasonable doubt.
For example, it must be demonstrated that the defendant practiced, attempted to practice, advertised, or represented themselves as practicing a system of treating the sick or afflicted in California.
Another factor in BPC 2052 cases is whether the defendant diagnosed, treated, operated on, or prescribed for any physical or mental condition, injury, deformity, disease, or disorder of any person without a valid license.
Additionally, it must be established that the defendant was not authorized to perform the act according to their certification.
What Defines the Unauthorized Practice of Medicine?
In California, the unauthorized practice of medicine includes situations in which an unlicensed person attempts to diagnose or treat physical or mental conditions, or even claims to be able to do so. Specifically, BPC 2052 makes criminal any or all of these actions:
- Practicing, attempting to practice, or promoting any method or approach for treating illnesses or ailments, whether traditional or unconventional;
- Diagnosing, treating, and prescribing medication for physical ailments/blemishes or mental conditions of any kind;
- Engaging in or helping others with the practices mentioned above.
The law against unauthorized practice of medicine in the state is comprehensive, extending beyond mere impersonation of a licensed doctor.
In reality, if you do not possess a valid California medical license, you could be charged with this offense even if:
- You are a licensed physician in a different state or country, but not in California.
- You own a medical clinic but never personally treat patients; or
- No patient you treat experiences harm due to your practice.
Unauthorized practice of medicine involves someone unlicensed diagnosing or treating physical or mental conditions. 'Diagnosis' refers to any method, device, or procedure used to identify whether someone has a physical or mental disorder.
'Treatment' includes administering injections or prescribing medications. Legally, there is no need for injury or harm to have occurred for the act to be considered unauthorized practice under BPC 2052.
Consequently, even though this offense is often victimless, a person can still face arrest, charges, and conviction.
What are the Penalties for Violating BPC 2052?
BPC 2052, practicing medicine without a license, is a wobbler offense, meaning it can be charged as either a misdemeanor or a felony depending on factors such as the circumstances and criminal history.
A misdemeanor conviction may result in fines up to $1000, one year in county jail, and summary probation. A felony conviction could lead to fines up to $10,000, 16 months in county jail, or 2 to 3 years in county jail, plus formal probation.
In either case, the judge can opt to reduce sentences to probation, such as summary probation for misdemeanors or formal probation for felonies, instead of jail or prison.
What are the Related Crimes?
- Counterfeit a Prescription Blank (Health & Safety Code 11162.5 HSC): Creating a counterfeit prescription form and presenting it as genuine to acquire prescription drugs.
- Prescribe Drugs without a Legitimate Purpose (Health & Safety Code 11153 HSC): Prescribing for someone without a relevant diagnosis knowingly is illegal.
- Prescribe Drugs without Treatment (Health & Safety Code 11154(a) HSC): Knowingly issuing a prescription to someone who is not your patient.
Under California Health & Safety Code 11153 HS, a medical provider can face criminal charges if they dispense a controlled substance without a valid medical reason.
What Are the Potential Defenses?
As mentioned earlier, prosecutors need to demonstrate that convincingly:
- You diagnosed or treated physical or mental conditions, or tried to do so; or
- You claimed to be a licensed physician; and
- You did not possess a valid California medical license at that time.
Therefore, the strongest legal defenses against BPC 2052 will challenge one or more of the claims outlined below.
Maybe you were, or at least thought you were, licensed. You might have a valid medical license, or your attorney could claim you didn't realize it had expired or become invalid.
Your actions may not have aligned with the practice of medicine. For instance, if you are a licensed massage therapist, you might have correctly claimed that your massages help relieve pain.
However, you did not explicitly diagnose anyone with pain nor describe your massages as "treatments." Prosecutors could argue that they can't convict you because you never advertised as a doctor or claimed to diagnose or treat patients.
Maybe you were wrongly accused and unjustly arrested because of a malicious former client. We could potentially negotiate with the prosecutor for reduced charges or even case dismissal, depending on the specifics.
It may also be possible to prevent formal criminal charges from being filed through pre-filing negotiations. Reach out to Cron, Israels & Stark for a case evaluation.
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