BPC 2052- Practicing Medicine Without a License

What is the definition of the Unauthorized Practice of Medicine under California Business and Professions Code (BPC) Section 2052 (a)?

Any person who practices or attempts to practice, or who advertises or holds himself or herself out as practicing, any system or mode of treating the sick or afflicted in this state, or who diagnoses, treats, operates for, or prescribes for any ailment, blemish, deformity, disease, disfigurement, disorder, injury, or other physical or mental condition of any person, without having at the time a valid, unrevoked, or unsuspended certificate as provided in this chapter or without being authorized to perform the act pursuant to a certificate obtained in accordance with some other provision of law is guilty of the unauthorized practice of medicine.

What types of licenses and certificates qualify under California Business and Professions Code (BPC) Section 2052 (a)?

All medical licenses and certificates that are awarded and issued from The Medical Board of California.

Can a person be charged with aiding and abetting another who violates California Business and Professions Code (BPC) Section 2052 (a)?

Yes. Under California Business and Professions Code (BPC) Section 2052 (b). Any person who conspires with or aids or abets another to commit any act described in subdivision (a) is guilty of aiding and abetting another in the unauthorized practice of medicine.

BPC 2052 – Sentencing 

What are the Criminal Penalties for violating California Business and Professions Code (BPC) Section 2052 (a)?

The unauthorized practice of medicine can be charged as either a misdemeanor, or felony. When a crime can be charged as a misdemeanor or felony it is known as a wobbler.

A misdemeanor conviction under California Business and Profession Code (BPC) Section 2052:

• provides jail time up to 364 days,
• a fine of up to $1,000,
• or both fine and jail.

A felony conviction under California Business and Profession Code (BPC) Section 2052:

• provides imprisonment up to 16 months,
• two or three years in state prison,
• a fine of up to $10,000,
• or both fine and imprisonment.

What can happen to my license or certificate after a conviction of California Business and Professions Code (BPC) Section 2052 (a)?

A conviction under California Business and Professions Code (BPC) Section 2052 (a) can result in a loss of hospital privileges, a loss of membership in professional organizations, and a suspension or revocation of your medical license.

A report of the conviction can be sent to the National Practitioner Data Bank (NPDB) by The Medical Board of California, and exclusion from Medicare and Medi-Cal billing programs.

What are the obligations of the National Practitioner Data Bank (NPDB) when charged with violating California Business and Professions Code (BPC) Section 2052 (a)?

The NPDB is a confidential database of reports listing all adverse actions taken against medical professionals.

What are examples of what is reported to the National Practitioner Data Bank (NPDB)?

1. Criminal Convictions.
2. Civil Judgements.
3. Temporary Restraining Orders (TROs) and Restraining Orders (ROs).

Is Probation Offered for violating California Business and Professions Code (BPC) Section 2052 (a)?

Yes. Probation is offered for both misdemeanor and felony convictions under California Business and Professions Code (BPC) Section 2052 (a).ix But the District Attorney will weigh qualitative and quantitative factors such as criminal history, time spent in jail or prison, and contributions made to the community.

What are examples of the unauthorized practice of medicine under California Business and Professions Code (BPC) Section 2052 (a)?

1. A physician who serves patients at a neighborhood clinic gets paid by her staff to allow the staff to manufacture fraudulent COVID 19 Vaccination Cards and sell them to people who are not patients of the clinic.
2. A house mom hosts Botox parties and offers the procedures to friends at a party for a fee without a medical license.
3. A doctor having a medical license in one state but provides medical services in another.

BPC 2052 – Defenses 

What are examples of defenses against a violation of California Business and Professions Code (BPC) Section 2052 (a)?

1. A lapse in the Statute of Limitations from the time of filing the complaint as a misdemeanor or information as a felony for violating California Business and Professions Code (BPC) Section 2052 (a) or (b).
2. A Mistake in Fact that the violator was doing something that amounted to the unauthorized practice of law.
3. Duress.
4. Necessity.

We Want to Help 

If you are a licensed medical professional in The State of California, and charged with violating California Business and Professions Code (BPC) Section 2052 (a) contact Law Mart.

If you or someone you know has been accused of a crime, it is critical that you meet with an experienced criminal defense attorney as soon as possible.