When it comes to the unauthorized practice of medicine in the State of California, and in particular, Los Angeles where there's a huge metropolitan of people, the federal and the state government will get involved in prosecuting these cases. Obviously, when it comes to the health and safety of the community and the public at large, people who are pretending to be doctors are not going to be tolerated.
Usually though, when I see these unauthorized practices of medicine cases or practicing medicine without license, what we're seeing is people who maybe were a doctor in another country and they're trying to practice here without a license or maybe it's a physician or a doctor who got disciplined by their Board and they're not allowed to practice, but somehow they're still practicing because it's their livelihood and they need to make money.
Another area where I see this and where a lot of cases are filed and I'm very savvy when it comes to this, is when doctors are using various clinics and they use medical assistants to basically perform certain things on people, and what happens is, the government becomes wise to this because what the doctor is really trying to do is make themselves more available.
In other words, they can be at multiple clinics at the same time if they can use these medical assistants. The problem is, when you're actually performing or diagnosing medicine on people you cannot be a medical assistant. They don't typically hold the license to be able to do that.
California Business and Professions Code Section 2052
So, that's where the government is going to sweep in. They're going to use Business & Profession Code Section 2052 and they're going to say that you are practicing medicine without a license, and if you're complicit of that – if you're conspiring with a medical assistant and telling him what to do and helping him do it you're just as guilty as they are as a doctor and you're going to be charged with practicing medicine without a license or assisting somebody practicing medicine without a license in Los Angeles and you're going to be looking at some pretty serious penalties.
If the government doesn't come up with serious penalties for the unauthorized practice of medicine, then people are going to be doing it all over the place. That's how people get misdiagnosed. That's how people end up getting severe reactions to certain medications. There are all sorts of bad things that can happen.
Another thing that happens is the government ends up getting billed improperly for Medicare, Medi-Cal, Medicaid, all these things are impacted. Whenever the money can lose money because people are practicing medicine and are doing so in a shoddy manner or in some sort of a manner to get more money but cutting corners by using these medical assistants, the government is going to come in. They're going to sweep in.
They're like the mob. They need their piece of the money. And most importantly, from their perspective, they need to protect the citizens from the unauthorized practice of medicine.
So, if you're charged with one of these cases – whether you're an assistant or you're a doctor – however you fit in the chain of providing medical services, come and sit down with me. I'll explain to you how this Business & Professions Code Section 2052 works – how it relates to you and what we can do to defend you.
There are defenses to these crimes. Sometimes you're really not practicing medicine. Sometimes you're really not diagnosing somebody. You're treating them based on what the physician has already prescribed to them and somehow things are misconstrued. They're taken out of context. So, if you've got one of these practicing medicine without a license cases, give me a call.
We'll sit down and talk about everything under the cloak of the attorney/client privilege, and we'll figure out what your best strategy is and what your best defense is so you can avoid some of the harsh penalties that come in Los Angeles with the unauthorized practice of medicine.
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