Practicing Medicine Without a License in California – Law, Penalties & Best Defenses

California Business & Professions Code 2052 prohibits the unauthorized practice of medicine (without a valid license). This is defined as practicing, attempting to practice, or advertising oneself as practicing any system of treating an illness or affliction.

Here are five key things to know:

1. The unauthorized practice of medicine is a crime even if no one gets injured.¹
2. Prosecutors can charge PC 2052 violations as a misdemeanor or a felony carrying up to 3 years in jail.²
3. Doctors who engage in an unauthorized practice also face professional disciplinary action.³
4. Potential defenses are that your actions did not meet the legal definition of practicing medicine or you were falsely accused.⁴
5. It is not a defense to PC 2052 charges that the patient recovered or was cured.⁵

In order to help you better understand the crime of unauthorized practice of medicine, our California criminal defense attorneys will address the following:

• 1. What is the legal definition of unauthorized practice of medicine in California?
  • 1.1. Can a non-physician own a medical practice in California?
• 2. What are the penalties under Business & Professions Code 2052 BPC?
• 3. What are the legal defenses?
• 4. Related Topics
  • 4.1. Medical marijuana
  • 4.2. Criminal convictions and professional discipline in California
  • 4.3. Unauthorized practice of law
  • 4.4. Unauthorized use of title or letters

If, after reading this article, you would like more information, we invite you to contact us at Shouse Law Group.

1. What is the legal definition of unauthorized practice of medicine in California?

The legal definition of unauthorized practice of medicine in California covers the following activities, undertaken without a license (or other authorization) in the state of California:

1. Practicing, attempting to practice, or advertising or holding oneself out as practicing any system or mode of treating illness or affliction;
2. Diagnosing, treating, operating on, or prescribing medication for any ailment, blemish, deformity, disease, disfigurement, disorder, injury, or other physical or mental condition; OR
3. Conspiring with, or aiding and abetting, someone else to do any of the above activities.⁶

Let’s take a closer look at some of these terms in order to get a better sense of their meaning.

No bodily harm or illness required

One of the notable things about the legal definition of unauthorized practice of medicine in California is what it does NOT include—there is no requirement that anyone actually be harmed or injured by the unauthorized practice of medicine.⁷

There is also no requirement that you intend to injure or harm anyone in any way.⁸ In other words, the unauthorized practice of medicine is a victimless crime—but one that is still punished seriously.

Diagnosing or treating

The unauthorized practice of medicine consists of the unlicensed diagnosis or treatment of any physical or mental condition.⁹ “Diagnosis” means using any

• method,
• device or
• procedure to determine whether or not someone is suffering from any physical or mental disorder.¹⁰

This includes the use of blood pressure sleeves and other similar machines—but does not include measuring a person’s height or weight.¹¹

“Treatment” includes both practices we recognize as clearly “medical” (giving injections, prescribing drugs) AND more unconventional treatments such as hypnosis¹² and acupuncture.¹³

Example: Izzy advertises his services as a hypnotist, claiming that he can use hypnosis to help people lose weight or get rid of unwanted habits. Izzy may be guilty of unauthorized practice of medicine because he is holding himself out as being able to treat physical and mental conditions without a license.¹⁴

A physical or mental condition

You can be accused of unauthorized practice of medicine for treating any physical or mental condition—not just those we readily recognize as illness, disease, or injury.¹⁵

Example: Alice is not a doctor and does not have a midwife’s license. She sells her services helping deliver babies for women with normal pregnancies, who do not require any special interventions during childbirth. Alice is guilty of unauthorized practice of medicine because pregnancy and childbirth are “physical conditions” that you need a medical license to treat.¹⁶

In the state of California

Business & Professions Code 2052 unauthorized practice of medicine only applies to actions that take place “in this state”—that is, in California.¹⁷ Thanks to the internet, this is now not as simple a concept as it once was.

The general rule is this: if you treat a California patient without a California medical license, you can face California unauthorized practice of medicine charges—even if you yourself have never set foot in the state!¹⁸

Example: Chris is a doctor in Colorado. California resident John submits a query to a website that offers online prescriptions, which pays Chris to be a consulting physician. Chris issues John a prescription based on his query, and the meds are mailed to John. Chris is guilty of unauthorized practice of medicine in California because he provided medical treatment to a California resident without a California license.¹⁹

1.1. Can a non-physician own a medical practice in California?

No. California law against the unauthorized practice of medicine is also violated when someone who is not a licensed health care professional owns a medical practice.²⁰

This is true even if the non-doctor owners do not themselves perform any medical services as part of the practice.²¹

Example: Non-doctors Connie and Mary own a medical clinic that employs Bill, a licensed physician, to perform the exams. Connie and Mary are guilty of unauthorized practice of medicine for owning and receiving the profits of the clinic when they are not licensed doctors. Bill is also guilty because he “aided and abetted” the unlicensed practice of medicine.²²

2. What are the penalties under Business & Professions Code 2052 BPC?

The penalties for the unauthorized practice of medicine depend on whether the prosecutor chooses to charge the crime as a misdemeanor or a felony.²³ This decision in turn usually depends on

1. the circumstances of the case (for example, whether anyone was sickened or hurt by the defendant’s actions), and
2. the defendant’s criminal history.

Practicing medicine without a license carries the following penalties if it is charged as a misdemeanor:

• Misdemeanor (summary) probation;
• Up to one (1) year in county jail; and/or
• A fine of up to one thousand dollars ($1,000).²⁴

Felony penalties for unauthorized practice of medicine include:

• Felony (formal) probation;
• Sixteen (16) months, two (2) years or three (3) years in county jail; and/or
• A fine of up to ten thousand dollars ($10,000).²⁵

3. What are the legal defenses?

According to Santa Clarita criminal defense lawyer Neil Shouse²⁶:

“Unauthorized practice of medicine is what you’d call a ‘white-collar crime.’ But that doesn’t mean that prosecutors don’t take it seriously. There are all sorts of horror stories of well-meaning, generally law-abiding people who unknowingly violated California’s rules about who may do what in the medical field—and have to pay for it with criminal penalties.”

If you find yourself in this situation, the following legal defenses may be helpful:

Your actions did not meet the legal definition of practicing medicine

Especially in this day and age, there are a lot of gray areas involved in defining “practicing medicine.”

For example, we are now aware of healing traditions from all over the world that do not have much to do with traditional Western medicine. Personal trainers work with clients to recommend solutions to their health problems. And consumers are increasingly seeking new—and often cheaper—ways of treating their health concerns.

There is a good chance that you are being accused of unauthorized practice of medicine for something that doesn’t quite fit the traditional definition of medicine. In this situation, a skilled criminal defense attorney can help you argue that you aren’t guilty of this crime.

You were falsely accused

False accusations lead to people being wrongfully prosecuted for all sorts of crimes—and unauthorized practice of medicine is no exception.

Perhaps you are a non-medical professional with a disgruntled former client who misunderstood your services or wants to get you into trouble. Or maybe a business dispute has led a former colleague or business partner to make untrue allegations about you.

Our criminal defense lawyers have seen it all—and know how to ask the right questions and gather the right evidence to make sure the truth comes out.

4. Related Topics

4.1. Medical marijuana

California medical marijuana laws can interact with California law on unauthorized practice of medicine to cause problems with the criminal justice system for people who did not intend to do anything illegal.

For example, two owners of a medical marijuana cooperative were convicted under Business & Professions Code 2052 for operating a clinic where licensed doctors examined patients and issued medical marijuana recommendations to them.²⁷

Even though only licensed doctors were treating patients, this was still considered the unauthorized practice of law—because non-doctors owned the business that employed the doctors!

4.2. Criminal convictions and professional discipline in California

Criminal arrests/convictions and doctor discipline are another source of concern for California medical professionals. Any criminal conviction for an offense that is “substantially related” to the qualifications, functions, or duties of a physician can trigger professional discipline of doctors in California.²⁸

The worst-case scenario for doctor discipline is suspension or revocation of your medical license by the Medical Board of California. If this happens to you, you need to be careful about continuing to practice medicine—and subjecting yourself to unauthorized practice of medicine charges.

Nurses can also face nurse discipline and license revocation (in some cases) as a result of certain California criminal convictions.²⁹

4.3. Unauthorized practice of law

You may not practice law in California unless you are an active member of the California State Bar.³⁰ This applies both to people who have never been lawyers—and to lawyers whose membership in the bar has been suspended or revoked.³¹

Just like the unauthorized practice of medicine, the unauthorized practice of law leads to serious criminal penalties. It is a misdemeanor in most cases—but becomes a wobbler, with potential felony penalties, if it is committed by a California attorney who has been suspended or disbarred.³²

4.4. Unauthorized use of title or letters

If you are not a licensed medical doctor in California, it is also a crime to use the following terms in any sign, business card, letterhead, or advertisement:

1. the word “doctor,”
2. the word “physician,”
3. the prefix “Dr.,”
4. the initials “M.D.,” or
5. any other terms or letters implying that you are a physician or surgeon.³³

This offense is a misdemeanor. The potential penalties include a fine of up to one thousand dollars ($1,000) and/or up to six (6) months in county jail.³⁴

For additional help…

For questions about the crime of unauthorized practice of medicine in California, or to discuss your case confidentially with one of our California criminal defense attorneys, do not hesitate to contact us at Shouse Law Group.

Our law firm has local criminal law offices in and around Los Angeles, San Diego, Orange County, Riverside, San Bernardino, Ventura, San Jose, Oakland, the San Francisco Bay area, and several nearby cities.

For more information on the unlawful practice of medicine in Nevada, please see our page on the “unlawful practice of medicine” in Nevada. In Colorado, see our page on CRS 12-36-129 “unauthorized practice of medicine” in Colorado.

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