Practicing without a license
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Higher category: Law and Common law |
Practicing without a license is the act of working without the
Types
Professions where practicing without a license carry civil or criminal penalties include
License requirements vary widely with jurisdiction, sometimes even within a single country. Practicing a professional discipline without a license may be legal in some jurisdictions. For example, nine U.S. states have passed
Other unlicensed activity
This section needs additional citations for verification. (September 2020) |
Other occupations, such as operating a business or working as a
Nonprofessional activities may also require licenses for participation. These include
Penalties vary depending on the severity of the infraction, but practicing without a valid, current license may be punishable by one or more methods, including
Noted incidents
On July 6, 1885, Louis Pasteur, a chemist who was a pioneer in microbiology, treated Joseph Meister after the boy was mauled by a dog infected with rabies with a vaccination treatment that had thus far been tested only on animals. This was technically illegal, considering Pasteur was not a licensed physician, but his colleagues agreed that since Pasteur's treatment seemed the only viable option to save the boy from almost certain death, it had been a necessary bending of the law, and since the treatment was a complete success, Pasteur was feted as a hero, and charges were never filed.[7]
Another more modern example is the case of Frank Abagnale, who was accused of impersonating an airline pilot, lawyer, and teaching assistant.
The "yogurt defense" was made famous by the trial of Carol Downer, one of the developers of menstrual extraction. She was arrested at her self-help group and charged with practicing medicine without a license, as she inserted yogurt into the vagina of another woman to treat a yeast condition. Downer was acquitted; the jury did not equate inserting yogurt with practicing medicine.[8]
A contemporary example is a San Francisco Bay Area resident, Kim Thien Le, who had a valid pharmacy technician license that had expired, and who had practiced as a pharmacist—supervising pharmacist and pharmacy technician interns, giving vaccinations, and filling prescriptions and counseling patients on medication—at at least three Walgreens pharmacies (in Fremont, Milpitas, and San Jose) between 2006 and October 2017, when she was caught. An investigation by the California Attorney General and the California State Board Of Pharmacy is ongoing.[needs update] If Le avoids criminal prosecution or civil lawsuits, the stores could still face penalties such as formal reprimands, fines, or loss of their pharmacy business license, and she would likely not be able to practice again as a pharmacy technician. She filled at least 745,000 prescriptions, some for dangerous or complex legal drugs or for people with serious conditions, over this period. She used licenses of two separate individuals, at least one of whom had a similar name to hers, to avoid detection by the company or the board.[9][10][11]
In fiction
Anime and manga
In episode 34 of Monster, Kenzo Tenma meets a young Vietnamese girl who works as an unlicensed doctor where she treats Asian immigrants.
In Durarara!!, the character Shinra Kishatani works as an unlicensed doctor.
In Kill la Kill, the character Barazo Mankanshoku operates a back-alley clinic in Honno City.
Comics
The majority of superheroes in comic books investigate crimes without detectives' licenses.
- In Flash, is a professional crime-scene investigator. Jonah Hex is a bounty hunter operating under the loose legal framework of the wild west. The Green Lantern Corps patrols the D.C. universe and enforces the ancient intergalactic laws of the guardians of Oa. Batman is one of only three members of the Justice League with any medical training, but is the only one who lacks an official doctorate and license to practice medicine. Nevertheless, he occasionally performs surgery on his teammates. He is also the son of the doctor Thomas Wayne. The Crime Doctoris a known underworld doctor.
- In The Punisher. The former neurosurgeon Stephen Strange, in desperate search of a cure for his crippled hands, wasted all of his money on alternative medicine, which did not heal him. Homeless, Doctor Strangeperformed back-alley surgeries for cash, barely able to hold the instruments.
Books
Victor Frankenstein, though often incorrectly referred to as a doctor, is only a medical student, and as such, operated on his monster without a license. Prior to the monster's vivification, Frankenstein and his assistant Igor were also acting as unlicensed morticians.
TV and films
The movie Catch Me If You Can details about Frank Abagnale.
The movie Patch Adams, among other historical inaccuracies, showed the title character practicing medicine without a license, and getting his equipment by stealing from a hospital.
In The Grim Adventures of Billy & Mandy episode "The Secret Snake Club vs. P.E.," it is revealed that Billy's father Harold works as a back-alley doctor.
The
In
The film Hotel Artemis features the titular hotel as a secret hospital for criminals.
In Batwoman, Kate Kane's stepsister Mary Hamilton-Kane runs her own back-alley clinic to tend to the poor and homeless.
In Kamen Rider Ex-Aid, Taiga Hanaya is an unlicensed doctor who runs his own clinic after his license is stripped from him.
See also
- Unauthorized practice of law
- License
- Permit (disambiguation)
- Occupational licensing
- Lay preacher
References
- ISBN 9781582552804
- ISBN 9780793142576
- ^ a b "Practicing Your Profession In Oregon Without a License, Legally and Ethically" Oregon Unlicensed Practitioners, December 6, 2014
- ^ "Health Freedom Laws Passed" National Health Freedom Coalition, 2014
- ^ "An Historical Overview of CAPS Legislative Activities" Colorado Association of Psychotherapists, 2013
- ISBN 9781604425543
- ISBN 9780262632867
- ^ Ruzek, Sheryl Burt. (1978) "The Women's Health Movement Feminist Alternatives to Medical Control", New York: Praeger Publishers. p. 57
- ^ PM, ML Nestel On 1/31/19 at 4:17 (January 31, 2019). "Fake Walgreens pharmacist prescribed nearly 800,000 scripts over a decade". Newsweek. Retrieved February 6, 2019.
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: CS1 maint: numeric names: authors list (link) - ^ Vives, Ruben (January 30, 2019). "Fake Walgreens pharmacist handled over 700,000 prescriptions, state officials say". Los Angeles Times. Retrieved February 6, 2019.
- ^ Geha, Joseph (January 30, 2019). "Bay Area Walgreens' fake pharmacist handled more than 700,000 prescriptions, state agency alleges". chicagotribune.com. Retrieved February 6, 2019.
- ^ O'Luanaigh, Cian (21 July 2010). "Osamu Tezuka: Father of manga and scourge of the medical establishment". The Guardian. Retrieved November 15, 2013.
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: CS1 maint: date and year (link)