[net.med] legal definition of practice of medicine

usenet@ucbvax.ARPA (USENET News Administration) (10/08/85)

From the San Francisco Chronicle, October 7, 1985
*************************************************

Section 2052, California Business and Professional code
defines the practice of medicine as:

"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."

The unlicensed practice of medicine is a misdemeanor.

*****************************************************

:-(

werner@aecom.UUCP (Craig Werner) (10/15/85)

> > The unlicensed practice of medicine is a misdemeanor.
> >                                          ^^^^^^^^^^^
	While my classmates and I found the definition amusing, there was a
uniform reaction to this last line.
	We're spending 4-7 years working 90 hour weeks (and that's a light 
week), going a quarter of a million dollars in debt to get our MD degree and
medical licenses ...

	THE LEAST THEY COULD DO IS MAKE IT A FELONY.

And remember,
 "Comedy, like Medicine, was never meant to be practiced by the general public."


-- 

				Craig Werner
				!philabs!aecom!werner
		"The world is just a straight man for you sometimes"

ems@amdahl.UUCP (ems) (10/17/85)

> > > The unlicensed practice of medicine is a misdemeanor.
> > >                                          ^^^^^^^^^^^
 ...
> 	THE LEAST THEY COULD DO IS MAKE IT A FELONY.
> 
> 				Craig Werner

Hmmm, so if I told my Aunt Mabel that I thought a cup of herb tea
might make her feel less tired sore then I would be in a class with
someone who murdered and raped for a living?  1/2 :-)

Line eater must have eaten your smiley face ...

Why not certification rather than licensing?  Let the malpractice
claims sort out the poor practitioners.  (Certification would work
like it does for CPA's.  I can have anyone do my bookkeeping, but
if I want assurance that they know what they are doing, I get a CPA.)

-- 

E. Michael Smith  ...!{hplabs,ihnp4,amd,nsc}!amdahl!ems

'If you can dream it, you can do it'  Walt Disney

This is the obligatory disclaimer of everything. (Including but
not limited to: typos, spelling, diction, logic, and nuclear war)

mdm@ecn-pc.UUCP ( Mike D McEvoy) (10/17/85)

Distribution:net.med, net.legal
Organization: Purdue Engineering Computer Network, West Lafayette, IN
Keywords: 

>> > The unlicensed practice of medicine is a misdemeanor.
>> >                                          ^^^^^^^^^^^
>	While my classmates and I found the definition amusing, there was a
>       uniform reaction to this last line.
>	We're spending 4-7 years working 90 hour weeks (and that's a light 
>       week), going a quarter of a million dollars in debt to get our MD 
>	degree and medical licenses ...
>
>	THE LEAST THEY COULD DO IS MAKE IT A FELONY.

Of course, in order to maintain the status quo, those found guilty of
malpractice will be sentenced to death by lethal injection (AIDS virus???)

				or worse

Four more years of residency at - Insert your favorite med school - 

				Big Mac

mpr@mb2c.UUCP (Mark Reina) (10/18/85)

> > > > The unlicensed practice of medicine is a misdemeanor.
> > > >                                          ^^^^^^^^^^^
>  ...
> > 	THE LEAST THEY COULD DO IS MAKE IT A FELONY.
> > 
> > 				Craig Werner
> 
> Hmmm, so if I told my Aunt Mabel that I thought a cup of herb tea
> might make her feel less tired sore then I would be in a class with
> someone who murdered and raped for a living?  1/2 :-)
 
In some instances, across the country, the unlicensed practice can be a
felony.  There have even been felonious instances by a licensed doctor.
 
> Why not certification rather than licensing?  Let the malpractice
> claims sort out the poor practitioners.  (Certification would work
> like it does for CPA's.  I can have anyone do my bookkeeping, but
> if I want assurance that they know what they are doing, I get a CPA.)
> 
> E. Michael Smith  ...!{hplabs,ihnp4,amd,nsc}!amdahl!ems
 
Mr. Smith, doctors do go through a certification of sorts.  My brother
is a doctor.  He had to go through three sets of medical board exams.

dave@cylixd.UUCP (Dave Kirby) (10/21/85)

In article <403@ecn-pc.UUCP> mdm@ecn-pc.UUCP ( M D McEvoy) writes:

>Of course, in order to maintain the status quo, those found guilty of
>malpractice will be sentenced to...
>Four more years of residency at - Insert your favorite med school - 


But there are Constitutional provisions against cruel and unusual
punishment.

ems@amdahl.UUCP (ems) (10/21/85)

> > > > > The unlicensed practice of medicine is a misdemeanor.
> >  ...
> > > 	THE LEAST THEY COULD DO IS MAKE IT A FELONY.
> > 
> > Hmmm, so if I told my Aunt Mabel that I thought a cup of herb tea
> > might make her feel less tired & sore then I would be in a class with
> > someone who murdered and raped for a living?  1/2 :-)
>  
> In some instances, across the country, the unlicensed practice can be a
> felony.  There have even been felonious instances by a licensed doctor.
>  
> > Why not certification rather than licensing?  Let the malpractice
> > claims sort out the poor practitioners.  (Certification would work
> > like it does for CPA's.  I can have anyone do my bookkeeping, but
> > if I want assurance that they know what they are doing, I get a CPA.)
> > 
> Mr. Smith, doctors do go through a certification of sorts.  My brother
> is a doctor.  He had to go through three sets of medical board exams.

The distinction between LICENSING and CERTIFICATION is a legal
one having little to do with the degree of preparation or skill.
A license gives you the right to do something that would be a crime
for the un-licenced to do.  A certification gives you the right to
do something and claim exceptional expertise at doing it when
others are allowed to do it, but are not allowed to
claim exceptional expertise at doing it.  There may also be
some limitations on the ability of the un-certificated to practice
in some situations.

In the area of medicine, to offer treatment without a licence
is a crime.  Under certification, it would not be a crime; though
taking the offer might be stupid ... :-)

While it is usually the case that both licensing and certification
require some formal training and/or examination; the distinction
between them rests on the penalty for practice when not blessed
by having the paper.  Physicians are licenced, not certified.

-- 

E. Michael Smith  ...!{hplabs,ihnp4,amd,nsc}!amdahl!ems

'If you can dream it, you can do it'  Walt Disney

This is the obligatory disclaimer of everything. (Including but
not limited to: typos, spelling, diction, logic, and nuclear war)

davew@shark.UUCP (Dave Williams) (10/24/85)

> > The unlicensed practice of medicine is a misdemeanor.

> 	THE LEAST THEY COULD DO IS MAKE IT A FELONY.

Perhaps this is a little off the subject, but have you ever heard
of anyone being convicted of practicing management without a license?
I know several who should have been.
-- 


                                    Dave Williams
                                    Tektronix, Inc.
                                    Graphic Workstations Division
***********************
* This space for rent *
*                     *
*      (cheap)        *
***********************