[net.legal] legal definition of practice of medicine --SO WHAT??

bobn@bmcg.UUCP (Bob Nebert) (10/10/85)

> 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.
>
When I was still in college (turn of the century, I think |-) ) my
law prof. brought up a topic for discussion and I want to do it
here if you'all don't mind.

Why do you -as a patient- have to be required to seek services from
a doctor who had to get licensed by the state.

Think about it---

If I wanted to entrust my broken arm to you, and you were willing
to accept the job of fixing it but didn't have a piece of paper,
so what? If I have faith in you why can't I let you do it? If you
screw it up its my fault for going to you and not a licensed doctor
but why don't I have the liberty to pick whomever I wish??

tan@ihlpg.UUCP (Bill Tanenbaum) (10/12/85)

> When I was still in college (turn of the century, I think |-) ) my
> law prof. brought up a topic for discussion and I want to do it
> here if you'all don't mind.
> 
> Why do you -as a patient- have to be required to seek services from
> a doctor who had to get licensed by the state.
> 
> Think about it---
> 
> If I wanted to entrust my broken arm to you, and you were willing
> to accept the job of fixing it but didn't have a piece of paper,
> so what? If I have faith in you why can't I let you do it? If you
> screw it up its my fault for going to you and not a licensed doctor
> but why don't I have the liberty to pick whomever I wish??
-----
A long debate on just this point has been raging in net.politics.theory
for some time, where libertarians have been presenting this point
of view, and others have rebutted it.  I hope the above poster will
join that discussion, rather than starting a new one in net.med.
This issue is much more political than medical.  Lets try to keep
politics out of net.med.
-- 
Bill Tanenbaum - AT&T Bell Labs - Naperville IL  ihnp4!ihlpg!tan

bobn@bmcg.UUCP (Bob Nebert) (10/14/85)

> > Why do you -as a patient- have to be required to seek services from
> > a doctor who had to get licensed by the state.
> > 
> > If I wanted to entrust my broken arm to you, and you were willing
> > to accept the job of fixing it but didn't have a piece of paper,
> > so what? If I have faith in you why can't I let you do it? If you
> > screw it up its my fault for going to you and not a licensed doctor
> > but why don't I have the liberty to pick whomever I wish??
> -----
> A long debate on just this point has been raging in net.politics.theory
> for some time, where libertarians have been presenting this point
> of view, and others have rebutted it.  I hope the above poster will
> join that discussion, rather than starting a new one in net.med.
> This issue is much more political than medical.  Lets try to keep
> politics out of net.med.
> -- 
> Bill Tanenbaum - AT&T Bell Labs - Naperville IL  ihnp4!ihlpg!tan

I am the original poster and I don't subscribe to net.politics.theory.
Thank you for pointing out where to go (did I phrase that right?).
I think it is a interesting discussion and I'll pick it up in the
other group. Thanks---