In today’s video, we talk about the perils of unlicensed practice.

Hi, I’m Michael H. Cohen, founding attorney of Cohen Healthcare Law Group. We help healthcare industry clients like you, navigate healthcare and FDA legal issues so you can launch, grow or scale your healthcare business.

Let’s call today’s video, the rule of 3, squared.

The first set of 3 involves the kinds of unlicensed practice. Most clients in the healthcare industry have heard about unlicensed and corporate practice of medicine, but enforcement authorities can actually go after unlicensed practice of psychology, or of nutrition, dietetics too.

Licensure is mandatory to practice medicine or psychology.  States differ as to whether you need a license to practice nutrition and dietetics, or whether anyone can give nutritional advice, but only one who is licensed can call themselves a “nutritionist” or “dietician.” That’s called titled licensure.

In some States, no one can practice anything that might even be considered “nutrition” unless they are licensed or, if this activity falls within the scope of another healthcare license, like for example, nursing or pharmacy or physical therapy.

The “cubed” part of the equation is our second set of three.  There are three different kinds of scenarios in which someone could, for example, be prosecuted for unlicensed practice of “medicine.” The first, the most common, is the practitioner is not a licensed MD or DO and they do something that is considered a “diagnosis” or “treatment” or “prescription.”  So, we have a non-licensed person who is said to be practicing “medicine” unlawfully.  Again, that is the most common scenario that you are going to see out there.

In some States, such as for example California, there is a limited safe harbor for non-licensed practice like SB577.  But these safe harbors still provide that unlicensed practice of medicine is unlawful and not included in the safe harbor.

The second scenario involves a practitioner that is licensed, but not as an MD or DO, and they do something outside their scope of practice.  Let’s say an acupuncturist that reads and interprets an X-ray – they can’t do that.  In such case, the practitioner exceeds their scope of practice, their practice boundary, and is said to have unlawfully practiced “medicine.”

The third scenario involves a practitioner who is licensed as an MD or DO, but they are giving clinical advice in another State, let’s say via telemedicine, telehealth.  They try to call what they do “health coaching,” but the advice is clearly medical and clinically oriented, could involve diagnostic labels, labs, prescribed treatments.  And the regulator might conclude that the coaching label just doesn’t work.  More about that in other videos, we talk about health coaching.

Thanks for watching. Please contact us with your questions, get a legal strategy session done. We have helped so many healthcare industry clients build their dream.  We look forward to helping you on your journey to success!