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What is the Unauthorized Practice of Medicine? & Law Definition of the Term, “Suffocating”

Is your state governor or school forcing a medical (mask) intervention without a professional license?

 


June 20, 2016 | Created by FindLaw’s team of legal writers and editors | FINDLAW| 

“The unauthorized practice of medicine occurs when someone gives medical advice or treatment without a professional license. The prohibition against the unauthorized practice of medicine is a precaution against people who would try to treat others without the proper training, or by using unproven methods which could harm or even kill their supposed patients. As a result, all states make the unauthorized practice of medicine a criminal offense with potentially serious penalties. However, the practice of medicine itself is a slippery term which can be difficult to define.

What is the practice of medicine?

Since states are responsible for providing medical licenses, each state has a slightly different legal definition for the practice of medicine. In general, a person practices medicine when he or she tries to diagnose or cure an illness or injury, prescribes drugs, performs surgery, or claims he or she is a doctor.

Sometimes, activities that might be considered the unauthorized practice of medicine are legal even when performed by people without a medical license. For example, schools may administer prescription drugs to students who need them because a doctor has already prescribed the drugs, and it is generally considered safer than leaving the drugs in the students’ hands.

On Medical Advice

The practice of medicine becomes trickier to define when you look at medical advice. There are a few guidelines, however, that can help define when “medical advice” is “the practice of medicine.” In general, advice as the practice of medicine has several of the following qualities:

  • First, advice might be considered “the practice of medicine” when the person giving it claims he or she is a doctor. This is because the title of “doctor” indicates that the person giving advice has gone through the rigorous process of medical school and succeeded in obtaining a medical license. So your friends cannot be considered to be practicing medicine when they tell you to take more vitamin C, since they never claim to be doctors.
  • Second, advice may be the practice of medicine when the advice is specific to a particular person’s illness or injury. Magazines and websites that offer general tips for getting over the common cold, therefore, are not engaging in the practice of medicine.”

“See FindLaw’s sections on Medical Malpractice and Health Care Law for further information.”

Learn more @ SOURCE: Healthcare.Findlaw.com

 

 


 

 

Learn more @ Codes.FindLaw.com

“18 U.S.C. § 113 – U.S. Code – Unannotated Title 18. Crimes and Criminal Procedure § 113. Assaults within maritime and territorial jurisdiction”    SOURCE

“(5)  the term suffocating means intentionally, knowingly, or recklessly impeding the normal breathing of a person by covering the mouth of the person, the nose of the person, or both, regardless of whether that conduct results in any visible injury or whether there is any intent to kill or protractedly injure the victim.”

source https://codes.findlaw.com/us/title-18-crimes-and-criminal-procedure/18-usc-sect-113.html

 

 


 

 

http://codes.ohio.gov/orc/4731.34

4731.34 Unauthorized practice.

“(A) A person shall be regarded as practicing medicine and surgery, osteopathic medicine and surgery, or podiatric medicine and surgery, within the meaning of this chapter, who does any of the following:

(1) Uses the words or letters, “Dr.,” “Doctor,” “M.D.,” “physician,” “D.O.,” “D.P.M.,” or any other title in connection with the person’s name in any way that represents the person as engaged in the practice of medicine and surgery, osteopathic medicine and surgery, or podiatric medicine and surgery, in any of its branches;

(2) Advertises, solicits, or represents in any way that the person is practicing medicine and surgery, osteopathic medicine and surgery, or podiatric medicine and surgery, in any of its branches;

(3) In person or, regardless of the person’s location, through the use of any communication, including oral, written, or electronic communication, does any of the following:

(a) Examines or diagnoses for compensation of any kind, direct or indirect;

(b) Prescribes, advises, recommends, administers, or dispenses for compensation of any kind, direct or indirect, a drug or medicine, appliance, mold or cast, application, operation, or treatment, of whatever nature, for the cure or relief of a wound, fracture or bodily injury, infirmity, or disease.

(B) The treatment of human ills through prayer alone by a practitioner of the Christian Science church, in accordance with the tenets and creed of such church, shall not be regarded as the practice of medicine, provided that sanitary and public health laws shall be complied with, no practices shall be used that may be dangerous or detrimental to life or health, and no person shall be denied the benefits of accepted medical and surgical practices.

(C) The use of words, letters, or titles in any connection or under any circumstances as to induce the belief that the person who uses them is engaged in the practice of medicine and surgery, osteopathic medicine and surgery, or podiatric medicine and surgery, in any of its branches, is prima-facie evidence of the intent of such person to represent the person as engaged in the practice of medicine and surgery, osteopathic medicine and surgery, or podiatric medicine and surgery, in any of its branches.”

 

“Effective Date: 04-10-2001 .”

 

LINK TO SOURCE