Practicing Medicine Without A License – Business & Professions Code 2052
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 area, the federal and state governments will get involved in prosecuting these cases. When it comes to the health and safety of the community and the public, people pretending to be doctors will not be tolerated.
Usually, though, when I see these unauthorized medicine cases or cases of practicing medicine without a license, we see people who may have been doctors in another country and are trying to practice here without a permit.
Maybe it's a physician or a doctor who got disciplined by their Board and is 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 use various clinics and medical assistants to basically perform certain things on people. What happens is that the government becomes wise to this because what the doctors are really trying to do is make themselves more available.
In other words, they can be at multiple clinics simultaneously if they can use these medical assistants. The problem is, when you're 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.
What is the 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.
If you're complicit in 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. You will be charged with practicing medicine without a license or assisting somebody practicing medicine without a license in Los Angeles. 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 will be doing it all over the place. That's how people get misdiagnosed, how people end up getting severe reactions to certain medications, and all sorts of bad things can happen.
Another thing that happens is the government ends up getting billed improperly for Medicare, Medi-Cal, and Medicaid. All these things are impacted.
Whenever money can be lost 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. Most importantly, from their perspective, they need to protect citizens from the unauthorized practice of medicine.
Legal Defenses
So, if you're charged with one of these cases—whether you're an assistant or 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 not practicing medicine. Sometimes, you're not diagnosing somebody. You're treating them based on what the physician has already prescribed; somehow, things need to be understood. They're taken out of context. So, if you've got one of these practicing medicine without a license case, call me.
We'll discuss everything under the cloak of the attorney/client privilege. We'll then figure out your best strategy and defense so you can avoid some of the harsh penalties associated with the unauthorized practice of medicine in Los Angeles.