{"id":355850,"date":"2016-04-04T10:46:17","date_gmt":"2016-04-04T15:46:17","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/healthcare\/patient-rights\/what-is-the-unauthorized-practice-of-medicine.html"},"modified":"2023-06-25T15:34:20","modified_gmt":"2023-06-25T20:34:20","slug":"what-is-the-unauthorized-practice-of-medicine","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/healthcare\/patient-rights\/what-is-the-unauthorized-practice-of-medicine.html","title":{"rendered":"What is the Unauthorized Practice of Medicine?"},"content":{"rendered":"\n
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What is the Unauthorized Practice of Medicine?<\/h1>\n
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\n By Melissa McCall, J.D.<\/a> | Legally reviewed by Aviana Cooper, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Providing medical advice without a medical license is an unauthorized practice of medicine.<\/p>\r\n

A professional license is necessary because professionals work with the public. So, the government has an interest in protecting the public from harm. In healthcare services, such as medicine, this harm can be fatal.<\/p>\r\n

Individual states regulate the practice of law within their borders. The unauthorized practice of medicine is a criminal offense in all states. Criminal offenses range from misdemeanors to felonies. Civil penalties range from education to the revocation of a medical license.<\/p>\r\n

This article explores the practice of medicine. It also explores the unauthorized practice of medicine and the medical practice act. Continue reading to learn more about this critical public health issue.<\/p>\r\n

What Is the Unauthorized Practice of Medicine?<\/h2>\r\n

For example, doctoral-prepared nurse practitioners cannot use "doctor." They need a disclaimer. Even though they provide medical treatment and advice, they are not doctors.<\/p>\r\n

The nurse practitioner must identify as a nurse, not a medical doctor. This is because they are not licensed to practice medicine. This is one example of the unlicensed practice of medicine. Another example is a medical assistant performing a medical procedure. That is practicing medicine without a license.<\/p>\r\n

What Is the Practice of Medicine?<\/h2>\r\n

The practice of medicine<\/a> includes those activities that someone "licensed to practice as a health professional" can "perform." Medical practice is a matter of public health. States are responsible for public health within their borders. They are also responsible for regulating the practice of medicine. States do this through boards of medicine and state-level medical practice acts.<\/p>\r\n

These regulations help boards of medicine fulfill their missions. Boards of medicine license, discipline, and regulate physicians. The scope of practice varies among the states and sometimes can provide an expansive role for certain healthcare positions.<\/p>\r\n

Medical Practice Acts<\/h3>\r\n

Medical practice acts help define the medical practice law in individual states. State legislatures adopt these regulations that provide guidelines for licensure. The guidelines help the public identify the unauthorized practice of medicine. These guidelines<\/a> include the following:<\/p>\r\n