One of the greatest assets an individual has is their ability to earn and make a living. However, being convicted for practicing without a license could put an end to your earning potential. Unauthorized practice in the field of medicine refers to giving medical treatment or advice without holding a professional license. The prohibition exists to prevent the unauthorized practice using harmful and unproven methods that have the potential to harm or kill patients. In New York, practicing without a medical license it considered a serious crime. To save your career, you need to enlist the services of an aggressive team of defense attorneys.
Medical License Offenses
In most cases, license offenses are not exactly written in black and white. It is therefore wise as a medical practitioner to understand the offense that could lead to your license being suspended, revoked or restrictions on your medical practices. You are liable for punishment if found guilty of any of these offenses or acts.
Applying for a license or procuring a medical certificate fraudulently.
Practicing medicine in a manner that is likely to endanger patients.
Having been convicted of a felony
Conviction of a crime or an offense which directly reflects on the inability or ineffectiveness to practice medicine with due regard to one’s patients.
Violation of a state or federal law or conviction related to use of controlled substances.
The use of deceptive or untruthful statements pertaining to licensing qualifications.
Distribution by means of supplying, dispensing, prescribing, dispensing controlled substances to a patient for an illegitimate reason.
Gross negligence, gross malpractice or repeated malpractice during the practice of medicine.
Agreement to split fees for professional services with another person for referring a patient.
Performance of unnecessary surgical services and diagnostic tests.
Charging fees that are considered to be grossly excessive.
Intentionally filing fraudulent claims to a third party payer
Aiding the practice of medicine to a person who is not licensed
Refusing a request to appear before the Board of Medical examiners
Making untrue statements to the Medical Examiners Board
The penalty issued will depend on the gravity of the crime. Practicing medicine without a proper license is charged as a felony or misdemeanor offense. Potential penalties include:
Jail or prison- a person who has been convicted of a misdemeanor with regard to practicing medicine can be sentenced to a jail term of one year. Felony offenses can attract eight years imprisonment or even more.
Fines- practicing medicine illegally can result in a fine. The amount to be charged will depend on the gravity of the offense and whether it is a felony or misdemeanor. Generally, misdemeanor amounts do not exceed $1,000, however, larger fines can be charged especially for repeat offenses. Felony fines are generally higher and most times exceed $1,000.
Probation- Upon conviction of practicing without a license, you may get a probation sentence. Probation means that the convicted person will serve their sentence outside a prison setting. Probation imposes certain limitation on what the person can and cannot do during this period. Most probation sentences are issued for one year, however, multiyear sentences can also be given. During this period, the convicted person is expected to make regular reports to their probation officer, pay any fines and not commit any more crimes.
Restitution- if any person practices medicine illegally and charges for those services, the court may order restitution. This means that the victims are compensated for any losses they may have suffered as a result of the illegal practices.
The term practice of medicine can be open to many interpretations. If you are facing a professional license charge, you need the best defense lawyers because so much is at stake. Raiser and Kenniff have a combined experience of 30 years, which is exactly what you need when your job is at stake.