When an unqualified person diagnoses and treats patients, the outcomes can range from inaccurate diagnoses to harmful treatments. Consequently, California prosecutors handle these crimes with extreme seriousness.

Under California law, you must hold a valid state-issued medical license to independently practice medicine, except in narrowly defined circumstances such as emergencies or under direct physician supervision for delegated tasks. This system protects public health, maintains trust in licensed providers, and prevents fraudulent or unsafe medical practices.

If you or a loved one is facing charges for the unauthorized practice of medicine, contact a defense attorney to start preparing a solid defense. At Monterey Criminal Attorney, we have lawyers available to guide you through the legal process with experience to defend charges leveled against you.

An Overview of Unauthorized Practice of Medicine in California

Business and Professions Code (BPC) §2052 criminalizes the unauthorized practice of medicine in California. This law criminalizes any individual who practices or attempts to practice medicine without a valid, active, and unrestricted medical license issued by the state.

To obtain a conviction, the prosecutors are required to demonstrate the following elements beyond a reasonable doubt:

  • Lack of a Valid License: You did not have an active California medical license while you committed the alleged offense.

  • Participation in Medical Practices: You were involved in the diagnosis, treatment, operation, or prescription related to any physical or mental condition.

  • Intent to Practice Medicine: You knowingly performed medical acts or falsely presented yourself as a licensed medical provider.

  • Conspiracy or Aiding and Abetting: This would apply in cases where you collaborated with others or assisted in the unlicensed practice of medicine.

The law does not stipulate that a person should cause actual harm to a patient to be charged. The absence of an injured party does not make the act non-prosecutable since there is an inherent risk to the population's health.

The violations are vigorously pursued to prevent individuals who are not qualified from putting the lives of other people in danger by providing unlicensed care.

Activities Considered Unauthorized Practice

California law defines the practice of medicine broadly. You do not need to perform surgery or write prescriptions to be charged with unauthorized practice. The following activities can result in criminal charges if done without a valid medical license:

  • Diagnosing Medical Conditions: Evaluating a person’s physical or mental health and identifying possible illnesses or conditions.

  • Prescribing Treatments or Medication: Recommending or ordering drugs, medical procedures, or treatment plans.

  • Performing Physical Procedures: Administering injections, conducting physical exams, suturing wounds, or performing other hands-on medical treatments.

  • Advertising or Offering Medical Services: Representing yourself as someone qualified to treat patients without a valid medical license.

Even well-meaning actions, like helping a friend with a medical issue or giving advice in a clinical setting, can still lead to prosecution if they involve activities that legally require a medical license. Essentially, receiving payment is unnecessary for a violation; simply performing medical acts without a license can result in criminal charges, regardless of whether any money was exchanged.

These regulations also apply to business owners and administrators who employ unlicensed individuals to perform medical procedures. Allowing or directing employees to perform unauthorized medical procedures may result in criminal prosecution, civil penalties, and corporate sanctions.

Penalties and Consequences under the Law

The practice of medicine in California without authorization may have severe legal and personal repercussions. This offense is prosecuted as a wobbler offense under Business and Professions Code 2052, which allows the crime to be charged as either a misdemeanor or a felony.

Misdemeanor Penalties

  • Up to 1 year in jail

  • Up to $1,000 in fines

  • Summary probation

  • An Offense is entered in your criminal record

Felony Penalties

  • 16 months, 2 years, or 3 years in prison

  • Up to $10,000 in fines.

  • Formal probation

  • Potential forfeiture of assets if the crime was associated with a significant monetary benefit.

Collateral Consequences of a Conviction

In addition to criminal penalties, a conviction can lead to serious collateral consequences that affect nearly every aspect of a person’s life, including their professional standing, immigration status, and access to basic needs like employment and housing.

Effect on Your Profession and Occupation

One of the most immediate and damaging effects of a conviction is the risk of losing, or being barred from obtaining, a professional license. This includes:

Future Licensure Denial: California licensing boards for medical and other professions evaluate criminal convictions and moral character. A conviction can result in disqualification from future licensure.

Other Licensed Professions: Fields such as real estate, law, and education may also be impacted, as many licensing boards consider criminal history and moral character in their evaluations.

Effect on Your Reputation

A conviction is typically a matter of public record. It can appear in:

  • Background checks

  • Court and public databases

  • News reports

This visibility can severely damage your personal and professional reputations, affecting relationships with clients, employers, and colleagues, and potentially harming business or career prospects.

Civil Liability

Beyond criminal sentencing, you may also face civil lawsuits, especially if your actions caused physical or psychological harm. Plaintiffs may seek: Compensatory damages, including reimbursement for medical costs, emotional distress, and lost wages.

Immigration Consequences

For non-citizens, a conviction, particularly for felonies or crimes involving moral turpitude or fraud, such as this one, can have life-altering effects, such as:

  • Deportation proceedings

  • Denial of naturalization

  • Exclusion from re-entry into the U.S

Even some misdemeanor convictions for the violation of BPC 2052 may be classified as crimes involving moral turpitude, putting your immigration status at risk.

Employment and Housing Barriers

A conviction can limit future opportunities, particularly in sensitive sectors or regulated environments:

  • Employment Restrictions: Many industries, such as healthcare, childcare, government, and education, require clean background checks. A conviction may automatically disqualify you.

  • Housing Difficulties: Landlords often conduct background checks and may deny applications based on recent or serious convictions, especially those involving fraud or public safety concerns.

Civil Rights Loss

Depending on the felony conviction, some of your civil rights may be temporarily or permanently denied, including:

  • In California, individuals convicted of felonies may temporarily lose voting rights while incarcerated but regain them upon release.

  • The right to possess, own, or use firearms

  • Government benefits or financial aid eligibility

Legal Defenses to Unauthorized Practice of Medicine Charges

Lack of Intent

Your lawyer could argue that you lacked the necessary criminal intent. California Business and Professions Code § 2052 makes it a crime to knowingly and willfully practice medicine without a license. Thus, to secure a conviction, prosecutors would have to prove that you engaged in medical acts and that you did so knowingly. That is, with actual knowledge that your conduct was illegal.

The lack of intent defense applies when someone unknowingly engages in conduct that qualifies as practicing medicine without a license. For example, a holistic health coach like Jane may suggest diets or lifestyle changes without realizing this constitutes medical advice under California law. Similarly, herbalists, acupuncturists, or spiritual healers may believe in good faith that their services are legal and non-medical.

In clinical settings, unlicensed staff, such as medical assistants or receptionists, might unintentionally act beyond their scope, like relaying a doctor’s advice or mishandling medication. If they did not know these actions crossed legal boundaries, a lack of intent can be a valid defense.

To use this defense, substantial evidence is needed, such as:

  • Training materials

  • Written instructions or policies

  • Witness statements

If successful, the defense can lead to reduced charges, dismissal, or acquittal.

No Patient Relationship or Compensation

While California law does not require proof of a formal patient relationship or payment to prosecute unauthorized practice of medicine, the absence of these factors can help argue that the conduct did not meet the legal threshold.

For example, someone might casually share health tips with a friend or relative based on personal experience. Even if the conversation touches on medical topics, you do not commit any crime unless you present yourself as a medical professional or accept payment. Courts often distinguish between informal advice and professional treatment, especially when there is no intent to replace care from licensed personnel.

Similarly, if there was no compensation (no fees, marketing, or recordkeeping), the activity may be viewed as informal or charitable rather than unlicensed practice. In such cases, the lack of financial gain and formal patient interactions can support your defense against the criminal charges against you.

Out-of-State License Defense

In some cases, a person charged with unauthorized practice of medicine may hold a valid medical license, but not in California. While this does not authorize them to practice in the state, it may support a defense based on lack of intent or misunderstanding of California’s licensing requirements.

This defense is most applicable if you recently relocated to California and continued treating out-of-state patients via telemedicine or engaged in limited, transitional activity under the mistaken belief that your out-of-state license was sufficient.

Courts may also consider specific circumstances, such as emergency conditions, working under the supervision of a California-licensed physician, or treating long-term patients across state lines, when evaluating whether you acted with criminal intent.

Although this defense does not typically eliminate liability, it may reduce the severity of charges or penalties. Your professional history, compliance in other jurisdictions, and efforts to obtain California licensure will weigh heavily in how the defense is received.

Mistaken Identity or Misattribution

Mistaken identity or misattribution is a viable defense in unauthorized practice of medicine cases, especially when there is confusion about who performed the alleged medical acts.

This often arises in busy medical offices or clinics where multiple employees interact with patients, and job roles are unclear. In such environments, patients or investigators may wrongly identify someone, such as a medical assistant, receptionist, or administrative staff member, as the individual who conducted a medical procedure or gave a diagnosis.

Your lawyer could argue that you did not commit the unauthorized acts and that another person conducted the conduct. Evidence such as:

  • Staff schedules and roles

  • Electronic health record (EHR) logs

  • Surveillance footage

  • Witness statements from co-workers or supervisors

It can help confirm the identity of the actual provider and clear up any mistaken assumptions.

Misattribution may also occur through billing errors, for example, if a provider’s name is listed in association with services they did not perform. You may avoid liability if you had no role in the conduct and were unaware of the error.

Additionally, deliberate false accusations may come from disgruntled patients, former employees, or competitors. In such cases, the defense can challenge your credibility, motives, and criminal history to expose bias or intent to mislead investigators.

Your defense lawyer seeks to show that either:

  • The alleged conduct never occurred; or

  • You were not responsible, and any misconduct resulted from another party’s actions or administrative mistakes.

Emergency/Good Samaritan Exception

Although the law in California usually does not allow people to practice medicine without a license, there can be some exceptions in cases of emergencies where there is a need to take quick action to avoid death or grievous bodily harm and where no licensed medical practitioner is easily accessible.

This defense is based on the principle that, in exceptional circumstances, protecting human life or preventing serious bodily harm can justify medical actions that would otherwise be considered unauthorized.

California’s Good Samaritan laws provide civil immunity if you render emergency medical aid in good faith, though they do not directly exempt individuals from criminal liability under unauthorized practice laws.

Although these laws primarily address civil rather than criminal liability, courts may still consider the urgency and context of your actions when determining whether criminal prosecution is appropriate.

For example, when a person performs CPR or operates an AED (automated external defibrillator) in a life-threatening emergency and is not a licensed medical professional, it may not be deemed as unauthorized practice of medicine as long as it was done in good faith in an attempt to save a life. These emergency defenses are more complex in administering medication or performing minor medical procedures. To successfully argue using this defense, your lawyer has to present evidence such as:

  • A genuine emergency existed

  • Delaying treatment would have caused serious harm

  • No licensed medical professional was available in time

  • The action taken was reasonable and aligned with your knowledge or training

This defense is unavailable if you routinely engage in unauthorized medical practice and later claim it was in response to an emergency. It is intended for rare, exceptional situations where the primary motive was to help, not to profit or deceive.

Courts evaluate these claims by weighing public safety concerns against the urgency and necessity of the intervention. Their decision often depends on factors such as expert testimony, the timing of events, and the seriousness of the situation.

Insufficient Evidence

Your defense lawyer could argue that you are innocent by arguing that the prosecution does not have sufficient evidence to prove the case beyond a reasonable doubt. The state bears the burden of proving every element of the crime beyond a reasonable doubt. If it fails, the defendant is entitled to an acquittal.

To secure a conviction under California Business and Professions Code 2052, the prosecution must prove three elements beyond a reasonable doubt:

  • You engaged in diagnosing, treating, performing surgery, or prescribing for a physical or mental condition

  • You did not hold a valid and active medical license recognized by the state of California

  • You acted willfully or with knowledge

The case could be dismissed if the prosecution fails to establish any of these elements.

For example, if the prosecution cannot provide credible evidence, such as medical records, witness testimony, or clear documentation that you performed a medical procedure or diagnosed a condition, the charge may not stand. Similarly, if the alleged offender's identity is uncertain or the evidence consists of inconsistent witness statements or hearsay, these gaps can support reasonable doubt.

A skilled defense attorney can also:

  • File motions to exclude unlawfully obtained evidence

  • Question whether the evidence was properly handled, stored, and documented from when it was collected to when it was presented in court

  • Cross-examine witnesses to expose inconsistencies

  • Argue that the evidence is circumstantial or insufficient to meet the legal threshold for criminal liability

Therefore, the burden is on the prosecution to present clear, consistent, and admissible evidence. Where this standard is not met, acquittal is a legally appropriate outcome.

Entrapment

Your lawyer could argue that you are a victim of entrapment, whereby a government agent provoked you to commit a crime that you would not have committed under normal circumstances. This defense may be especially applicable in cases of unauthorized practice of medicine in California, where the prosecution relied on an undercover operation or a sting by the law enforcement agency or a regulatory board.

To effectively assert an entrapment defense, you must demonstrate that the notion to commit the crime was planted by the police or their representatives and not you, and that you were induced or compelled to perform the act. Simply presenting the chance to commit a crime does not amount to entrapment, and there has to be a showing of persuasive conduct or excessive influence.

For example, if an undercover officer persistently seeks medical treatment, forces you to conduct a diagnosis, or takes advantage of a trusting relationship, it may be elevated to the entrapment level. This defense is particularly relevant when you initially refused or hesitated to provide services but were induced to act due to persistent or coercive efforts by law enforcement.

The California courts use an objective test in considering entrapment claims: Would the officer's action tend to cause a law-abiding citizen to commit the crime? And, if the answer is yes and you can prove that you were induced, then the charges can be thrown out irrespective of whether you had the intent.

Reliance on Medical Supervision or Delegation

Your defense lawyer could also argue that you acted under the supervision of a licensed physician or within a delegated scope of practice that you believed was lawful. This defense rests on the idea that specific non-licensed individuals can perform limited medical functions when properly delegated and overseen by a licensed professional, such as a physician or nurse practitioner.

California law allows for medical delegation under specific conditions. For example, medical assistants can perform certain technical or administrative tasks like taking vital signs and preparing patients for exams if a licensed physician or podiatrist delegates those tasks and takes responsibility for oversight. However, confusion often arises over where the line is drawn between permissible delegated tasks and activities that legally require licensure.

In situations where an individual, such as a receptionist, technician, or assistant, performs a medical-related act at the direction or encouragement of a licensed provider, they may assert that they reasonably relied on the authority and expertise of that provider. If no clear limits were communicated or if the licensed supervisor failed to clarify or oversee, the accused may argue they lacked the intent to commit unauthorized practice.

Your defense lawyer could present documentation such as office protocols, emails, or witness testimony that can help prove that you believed your conduct was appropriate and supervised. While this may not completely excuse liability, it can negate willful misconduct, a required element for criminal conviction under BPC § 2052, and potentially reduce the charges or result in dismissal.

Related Offenses

Some of the charges that often accompany unauthorized practice of medicine during a legal proceeding and can increase penalties, especially if there is evidence of deception, harm to patients, or asking for payment when you conduct the illegal activity:

  • Medical Fraud

  • Identity theft

  • Impersonation of a licensed professional

  • Unlawful prescribing or dispensing of medication

Find a Reputable Defense Attorney Near Me

Practicing medicine without licensure is a serious crime that may harm all aspects of your life, including criminal charges and potentially lifelong personal and career repercussions. You want to know the legal process and build solid defenses. If you or a loved one is facing BPC 2052 violation accusations, you should consult a reputable lawyer who will guide you in making the right choices concerning your case. At Monterey Criminal Attorney, we have lawyers ready to represent you. Contact us today at 831-574-1791 to have a confidential discussion about your case with our lawyers.