Practicing without a license

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Practicing without a license is the act of working without the licensure offered for that occupation, in a particular jurisdiction. [1] Most activities that require licensure also have penalties for practicing without a valid, current license. [2] In some jurisdictions, a license is offered but not required for some professions. [3]

Contents

Types

Professions where practicing without a license carry civil or criminal penalties include lawyer, physician, physician assistant, optometrist, audiologist speech language pathologist, podiatrist, surgeon, coroner, medical examiner, paramedic, funeral director, osteopath, chiropractor, dentist, pharmacist, engineer, pilot, broadcasting, nurse, veterinarian, midwife, teacher, psychologist, notary public, surveyor, detective, social worker, architect, barber, hairdresser, electrologist, tattooist, cosmetologist, real estate agent, plumber, florist, accountant, and masseuse. If a person offering their services is licensed in one of these professions, any member of the public has a right to know if that person is validly licensed or not by the licensing authority. Anyone who claims to have a license and refuses to identify themselves properly by first and last name can possibly lose any one or all of their licenses. In many jurisdictions, it is illegal for service providers to hide their identities for purposes of making it difficult to verify licensure and past disciplinary actions or license violations.

License requirements vary widely with jurisdiction, sometimes even within a single country. Practicing a professional discipline without a license may be legal in some jurisdictions. For example, nine U.S. states have passed health freedom laws that protect alternative practitioners such as herbalists from prosecution for "practicing medicine without a license." [4] In the area of mental health, Oregon offers broad licensing exemptions for professional counselors and marriage and family therapists, allowing people to practice these professions either with or without a license. [3] Colorado requires registration but not licensing for psychotherapists. [5] Other states also have exemptions or registration requirements instead of, or in addition to licensing for some professions.[ citation needed ]

Other unlicensed activity

Other occupations, such as operating a business or working as a professional driver or mariner, may require specialized licensure, as well. Operating a business without proper licenses can result in financial and sometimes criminal penalties. These licenses can include a general business license, a liquor license, a specialized drivers license, and other types regulated by local, regional, state, or federal requirements. Certain occupations may require obtaining appropriate intellectual property licenses, such as music licensing, brand licensing, patent licensing, software licensing, and other permissions for use.

Nonprofessional activities may also require licenses for participation. These include driver's license, amateur radio license, dog license, firearms license, hunting license, marriage license, and pilot license. Using certain products or services may also require obtaining a license, such as a software license. Operating without these licenses can lead to civil and criminal penalties.

Penalties vary depending on the severity of the infraction, but practicing without a valid, current license may be punishable by one or more methods, including community service, fine, restitution, probation, and temporary or permanent loss of the license. Criminal charges can lead to incarceration, as they can range from a misdemeanor to a felony, depending on the severity of the infraction. [6]

Noted incidents

On July 6, 1885, Louis Pasteur, a chemist who was a pioneer in microbiology, treated Joseph Meister after the boy was mauled by a dog infected with rabies with a vaccination treatment that had thus far been tested only on animals. This was technically illegal, considering Pasteur was not a licensed physician, but his colleagues agreed that since Pasteur's treatment seemed the only viable option to save the boy from almost certain death, it had been a necessary bending of the law, and since the treatment was a complete success, Pasteur was feted as a hero, and charges were never filed. [7]

Another more modern example is the case of Frank Abagnale, who was accused of impersonating an airline pilot, lawyer, and teaching assistant.

The "yogurt defense" was made famous by the trial of Carol Downer, one of the developers of menstrual extraction. She was arrested at her self-help group and charged with practicing medicine without a license, as she inserted yogurt into the vagina of another woman to treat a yeast condition. Downer was acquitted; the jury did not equate inserting yogurt with practicing medicine. [8]

A contemporary example is a San Francisco Bay Area resident, Kim Thien Le, who had a valid pharmacy technician license that had expired, and who had practiced as a pharmacist—supervising pharmacist and pharmacy technician interns, giving vaccinations, and filling prescriptions and counseling patients on medication—at at least three Walgreens pharmacies (in Fremont, Milpitas, and San Jose) between 2006 and October 2017, when she was caught. An investigation by the California Attorney General and the California State Board Of Pharmacy is ongoing.[ needs update ] If Le avoids criminal prosecution or civil lawsuits, the stores could still face penalties such as formal reprimands, fines, or loss of their pharmacy business license, and she would likely not be able to practice again as a pharmacy technician. She filled at least 745,000 prescriptions, some for dangerous or complex legal drugs or for people with serious conditions, over this period. She used licenses of two separate individuals, at least one of whom had a similar name to hers, to avoid detection by the company or the board. [9] [10] [11]

In fiction

Anime and manga

Black Jack is a Japanese comic book series created by Tezuka Osamu that is about the world's greatest surgeon, who chooses to remain unlicensed. This allows Black Jack to charge extortionate amounts of money instead of the standard fees agreed upon by the Japanese Medical Association. It also lets him perform extremely dangerous, often medically implausible or impossible operations, that are not legally allowed. Black Jack is often viewed as the Japanese equivalent to Batman, in his willingness to routinely break laws to save lives for which he is frequently imprisoned by the police. Notably, Black Jack actually completed his college medical education and carries a driver's license, though he encourages other unlicensed doctors who have no such formal training. Like many of Osamu's works, Black Jack is extraordinarily critical of the medical establishment, and is notable for raising Japanese public awareness of medical corruption. [12]

In episode 34 of Monster , Kenzo Tenma meets a young Vietnamese girl who works as an unlicensed doctor where she treats Asian immigrants.

In Durarara!! , the character Shinra Kishatani works as an unlicensed doctor.

In Kill la Kill , the character Barazo Mankanshoku operates a back-alley clinic in Honno City.

Comics

The majority of superheroes in comic books investigate crimes without detectives' licenses.

Books

Victor Frankenstein, though often incorrectly referred to as a doctor, is only a medical student, and as such, operated on his monster without a license. Prior to the monster's vivification, Frankenstein and his assistant Igor were also acting as unlicensed morticians.

TV and films

The movie Catch Me If You Can details about Frank Abagnale.

The movie Patch Adams , among other historical inaccuracies, showed the title character practicing medicine without a license, and getting his equipment by stealing from a hospital.

In The Grim Adventures of Billy & Mandy episode "The Secret Snake Club vs. P.E.," it is revealed that Billy's father Harold works as a back-alley doctor.

The USA Network drama Suits' protagonist, Michael "Mike" Ross, gets a high-flying job at the fictitious Pearson Hardman law firm without having the necessary license to practice law.

In Agents of S.H.I.E.L.D. , Calvin Zabo works as a back-alley doctor.

The film Hotel Artemis features the titular hotel as a secret hospital for criminals.

In Batwoman , Kate Kane's stepsister Mary Hamilton-Kane runs her own back-alley clinic to tend to the poor and homeless.

In Kamen Rider Ex-Aid , Taiga Hanaya is an unlicensed doctor who runs his own clinic after his license is stripped from him.

See also

Related Research Articles

<span class="mw-page-title-main">Over-the-counter drug</span> Medication available without a prescription

Over-the-counter (OTC) drugs are medicines sold directly to a consumer without a requirement for a prescription from a healthcare professional, as opposed to prescription drugs, which may be supplied only to consumers possessing a valid prescription. In many countries, OTC drugs are selected by a regulatory agency to ensure that they contain ingredients that are safe and effective when used without a physician's care. OTC drugs are usually regulated according to their active pharmaceutical ingredient (API) rather than final products. By regulating APIs instead of specific drug formulations, governments allow manufacturers the freedom to formulate ingredients, or combinations of ingredients, into proprietary mixtures.

<span class="mw-page-title-main">Pharmacist</span> Healthcare professional

A pharmacist, also known as a chemist or a druggist, is a healthcare professional who specializes in the preparation, dispensing, and management of medications to ensure safe and effective use, while also providing medication counseling and guidance to patients and healthcare providers. Also, pharmacists often serve as primary care providers in the community, and may offer other services such as health screenings and immunizations.

<span class="mw-page-title-main">Pharmacy</span> Clinical health science

Pharmacy is the science and practice of discovering, producing, preparing, dispensing, reviewing and monitoring medications, aiming to ensure the safe, effective, and affordable use of medicines. It is a miscellaneous science as it links health sciences with pharmaceutical sciences and natural sciences. The professional practice is becoming more clinically oriented as most of the drugs are now manufactured by pharmaceutical industries. Based on the setting, pharmacy practice is either classified as community or institutional pharmacy. Providing direct patient care in the community of institutional pharmacies is considered clinical pharmacy.

<span class="mw-page-title-main">Medical prescription</span> Health-care communication from a physician to a pharmacist

A prescription, often abbreviated or Rx, is a formal communication from a physician or other registered healthcare professional to a pharmacist, authorizing them to dispense a specific prescription drug for a specific patient. Historically, it was a physician's instruction to an apothecary listing the materials to be compounded into a treatment—the symbol ℞ comes from the first word of a medieval prescription, Latin recipere, that gave the list of the materials to be compounded.

<span class="mw-page-title-main">Prescription drug</span> Medication legally requiring a medical prescription before it can be dispensed

A prescription drug is a pharmaceutical drug that is permitted to be dispensed only to those with a medical prescription. In contrast, over-the-counter drugs can be obtained without a prescription. The reason for this difference in substance control is the potential scope of misuse, from drug abuse to practicing medicine without a license and without sufficient education. Different jurisdictions have different definitions of what constitutes a prescription drug.

<span class="mw-page-title-main">Medical license</span> Occupational license that permits a person to legally practice medicine

A medical license is an occupational license that permits a person to legally practice medicine. In most countries, a person must have a medical license bestowed either by a specified government-approved professional association or a government agency before they can practice medicine. Licenses are not granted automatically to all people with medical degrees. A medical school graduate must receive a license to practice medicine to legally be called a physician. The process typically requires testing by a medical board. The medical license is the documentation of authority to practice medicine within a certain locality. An active license is also required to practice medicine as an assistant physician, a physician assistant or a clinical officer in jurisdictions with authorizing legislation.

Walgreens is an American company that operates the second-largest pharmacy store chain in the United States, behind CVS Health. It specializes in filling prescriptions, health and wellness products, health information, and photo services. It was founded in Chicago in 1901, and is headquartered in the Chicago suburb of Deerfield, Illinois. On December 31, 2014, Walgreens and Switzerland-based Alliance Boots merged to form a new holding company, Walgreens Boots Alliance. Walgreens became a subsidiary of the new company, which retained its Deerfield headquarters and trades on the Nasdaq under the symbol WBA. In 2021 the company was found by a federal jury to have "substantially contributed to" the opioid crisis.

A Doctor of Pharmacy is a professional doctorate in pharmacy. In some countries, it is a doctoral degree to practice the profession of pharmacy or to become a clinical pharmacist. In many countries, people with their Doctor of Pharmacy are allowed to practice independently and can prescribe drugs directly to patients. A PharmD program has significant experiential and/or clinical education components in introductory and advanced levels for the safe and effective use of drugs. Experiential education prepares graduates to be practice-ready, as they already have spent a significant amount of time training in areas of direct patient care and research.

<span class="mw-page-title-main">Regulation of therapeutic goods</span> Legal management of drugs and restricted substances

The regulation of therapeutic goods, defined as drugs and therapeutic devices, varies by jurisdiction. In some countries, such as the United States, they are regulated at the national level by a single agency. In other jurisdictions they are regulated at the state level, or at both state and national levels by various bodies, as in Australia.

An online pharmacy, internet pharmacy, or mail-order pharmacy is a pharmacy that operates over the Internet and sends orders to customers through mail, shipping companies, or online pharmacy web portal.

<span class="mw-page-title-main">Medicines Act 1968</span> United Kingdom legislation

The Medicines Act 1968 is an Act of Parliament of the United Kingdom, more properly: An Act to make new provision with respect to medicinal products and related matters, and for purposes connected therewith. It governs the control of medicines for human use and for veterinary use, which includes the manufacture and supply of medicines, and the manufacture and supply of (medicated) animal feeding stuffs.

Doctor of Osteopathic Medicine is a medical degree conferred by the 38 osteopathic medical schools in the United States. DO and Doctor of Medicine (MD) degrees are equivalent: a DO graduate may become licensed as a physician or surgeon and thus have full medical and surgical practicing rights in all 50 US states. As of 2021, there were 168,701 osteopathic physicians and medical students in DO programs across the United States. Osteopathic medicine emerged historically from osteopathy, but has become a distinct profession.

The basic requirement for pharmacists to be considered for registration is often an undergraduate or postgraduate pharmacy degree from a recognized university. In many countries, this involves a four- or five-year course to attain a bachelor of pharmacy or master of pharmacy degree.

<span class="mw-page-title-main">Pharmacy (shop)</span> Shop which provides pharmaceutical drugs

A pharmacy is a retail shop which provides pharmaceutical drugs, among other products. At the pharmacy, a pharmacist oversees the fulfillment of medical prescriptions and is available to counsel patients about prescription and over-the-counter drugs or about health problems and wellness issues. A typical pharmacy would be in the commercial area of a community.

Occupational licensing, also called licensure, is a form of government regulation requiring a license to pursue a particular profession or vocation for compensation. It is related to occupational closure.

<span class="mw-page-title-main">Health professional requisites</span> Regulations used by countries

Health professional requisites refer to the regulations used by countries to control the quality of health workers practicing in their jurisdictions and to control the size of the health labour market. They include licensure, certification and proof of minimum training for regulated health professions.

<span class="mw-page-title-main">Direct-entry midwife</span>

A direct-entry midwife is a midwife who has become credentialed without first becoming a nurse. There are direct-entry midwifery programs that prepare students to become Certified Nurse Midwives (CNMs) or Certified Professional Midwives (CPMs). Certified Professional Midwives are known for being "more natural and less intervention oriented." In other words, these midwives typically work outside of the hospital setting in homes and birth centers and do not employ methods for childbirth that physicians in hospitals commonly use such as caesarean section, forceps and other types of equipment and drugs.

Online pharmacy laws in India are still in nascent stage and there are no dedicated online pharmacy laws in India. The Information Technology Act 2000 governs some of the legal issues pertaining to online dealings but it is silent on the aspect of online pharmacy. As a result, illegal online pharmacies have been increasing in India. It has been said that, if properly regulated, online pharmacies in India could prove beneficial to various stakeholders.

Separation of prescribing and dispensing, also called dispensing separation, is a practice in medicine and pharmacy in which the physician who provides a medical prescription is independent from the pharmacist who provides the prescription drug.

References

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  2. Galaty, Fillmore W. et al. (2001) Modern Real Estate Practice in Illinois. Dearborn Trade Publishing, ISBN   9780793142576
  3. 1 2 "Practicing Your Profession In Oregon Without a License, Legally and Ethically" Oregon Unlicensed Practitioners, December 6, 2014
  4. "Health Freedom Laws Passed" National Health Freedom Coalition, 2014
  5. "An Historical Overview of CAPS Legislative Activities" Colorado Association of Psychotherapists, 2013
  6. Circo, Carl J. [ed.] (2009) A State-by-state Guide to Construction & Design Law: Current Statutes and Practices. American Bar Association, ISBN   9781604425543
  7. Murphy, Timothy F. (2004) Case Studies Biomedical Research Ethics. MIT Press, ISBN   9780262632867
  8. Ruzek, Sheryl Burt. (1978) "The Women's Health Movement Feminist Alternatives to Medical Control", New York: Praeger Publishers. p. 57
  9. PM, ML Nestel On 1/31/19 at 4:17 (January 31, 2019). "Fake Walgreens pharmacist prescribed nearly 800,000 scripts over a decade". Newsweek. Retrieved February 6, 2019.
  10. Vives, Ruben (January 30, 2019). "Fake Walgreens pharmacist handled over 700,000 prescriptions, state officials say". Los Angeles Times . Retrieved February 6, 2019.
  11. Geha, Joseph (January 30, 2019). "Bay Area Walgreens' fake pharmacist handled more than 700,000 prescriptions, state agency alleges". chicagotribune.com. Retrieved February 6, 2019.
  12. O'Luanaigh, Cian (21 July 2010). "Osamu Tezuka: Father of manga and scourge of the medical establishment". The Guardian. Retrieved November 15, 2013.{{cite news}}: CS1 maint: date and year (link)