Quote:
Originally Posted by Cecily
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What Constitutes the Unlicensed Practice of Medicine
The “unauthorized practice of medicine” is a legal concept defined by state laws, which vary but share common principles. Generally, these laws are outlined in a state’s Medical Practice Act and enforced by a state medical board. The core of the offense involves performing actions that are reserved for licensed medical professionals. These actions typically include diagnosing an ailment, treating a condition, operating on a person, or prescribing medication for any physical or mental health issue.
Giving what is perceived as “medical advice” can easily fall into the categories of diagnosing and treating. For instance, telling someone that their symptoms indicate a specific disease or recommending a particular course of action to heal an injury could qualify. It is not necessary for payment to be exchanged or for the person giving the advice to have intended harm.
This applies not only to individuals with no medical background but also to licensed professionals acting outside the scope of their specific license or in a state where they are not licensed. For example, a physician licensed in one state cannot legally provide medical advice to a patient in another state without being licensed there. Even using the title “doctor” without clarification by someone who is not a medical doctor can be considered a form of unlicensed practice.
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My advice:
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There, now I'm legally indemnified.
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