California Business and Professions Code Section 2052 bans practicing medicine without authorization or a license. Even if you complete medical school and are competent, you cannot lawfully practice medicine in the state without a valid medical license. Prosecutors aggressively charge this fraud crime, and a conviction can result in serving time, fines, and jeopardizing your career. Time is of the essence if you are arrested for violation of BPC 2052 and should consult a skilled Fresno defense attorney immediately.

The California Criminal Lawyer Group can explain what BPC 2052 is and how an investigation occurs so you know the proper steps to take. We can investigate your accusations and build your case defense before the matter goes to court. We achieve this by convincing the prosecutor not to file the charges, arguing that you did not violate the law. If the case proceeds to trial, we can aggressively fight for your rights and freedom before a judge.

Legal Definition of Practicing Medicine Unauthorized

BPC 2052 makes the unauthorized practice of medicine (without a professional license) illegal. The definition covers the activities below, engaged without authorization in California:

  • Advertising, practicing, trying to practice, or holding yourself out as practicing a mode or system of treating an affliction or illness.
  • Prescribing drugs for, operating, treating, or diagnosing any ailment, deformity, disease, injury, disorder, blemish, or another mental or physical health condition.
  • Aiding and abetting or conspiring with another person to engage in one of the activities listed above.

No Illness or Bodily Harm Is Required

Please note that the California court can find you guilty of this crime even if your conduct did not injure or harm anyone.

Additionally, there are no requirements that you plan to harm or injure any person in any manner. While a violation of BPC 2052 is a public order offense, California prosecutors and judges charge it aggressively.

Treating or Diagnosing

California BPC 2052 comprises the unlicensed treatment or diagnosis of any mental or physical health condition.

Diagnosis implies using any device, procedure, or technique to decide whether a person suffers from a mental or physical health condition. It involves using a blood pressure sleeve and other identical machines. It does not comprise measuring an individual’s weight or height.

On the other hand, treatment comprises the following:

  • Commonly recognized medical practices, like prescribing medication and injections.
  • Unconventional therapies like acupuncture and hypnosis.

A Mental or Physical Condition

A judge can convict you of BPC 2052 for treating a mental or physical health condition. It goes beyond the readily recognized injuries, diseases, and illnesses.

BPC 2052 also bans treating or diagnosing a California patient (offering your services) via social media.

In California

BPC 2052 applies to conduct that occurred in the Golden State.

If a defendant treats a patient without a valid California medical professional license, they risk facing BPC 2052 criminal charges, regardless of whether they have never been in California.

Referring the Sick to an Unauthorized Medical Practitioner

You can face BPC 2052 criminal charges if you refer a sick person to an unauthorized physician, even with a valid medical license. Remember, conspiring, abetting, and aiding to engage in medicine without authorization is illegal.

BPC 2052 by a Medical Assistant

A medical assistant can face BPC 2052 charges because they neither have a medical professional license nor are legally allowed to practice medicine independently. The statute only permits them to help licensed healthcare providers perform medical services. In other words, a judge cannot convict you of this offense, provided you performed technical or administrative service.

Additionally, the court can sentence you for administering a minor operation. For example, it is illegal to participate in conducting or running a silicone party.

Can a Non-Medical Practitioner Not Run a Medical Practice?

The law also bans unlicensed healthcare professionals from owning a medical facility.

It also applies when a non-physician owner does not perform medical services in their practice.

Penalties and Consequences of Violating BPC 2052

A violation of BPC 2052 is a wobbler.

The defendant's penalties hinge on whether the prosecution files the offense as a felony or a misdemeanor. The prosecution’s decision depends mainly on the following:

  • Your criminal history.
  • Your case circumstance (for instance, whether your conduct injured or hurt anyone).

A misdemeanor conviction attracts the penalties below:

  • A year in jail.
  • One thousand dollars in fine.
  • Summary (informal) probation — It can include terms and conditions like paying restitution, paying fines, and participating in community service.

A felony is punishable by the following penalties:

  • Formal or felony probation.
  • A maximum of three years in jail.
  • Ten thousand dollars in fines.

You can also face civil culpability for violating BPC 2052 on top of criminal penalties. The alleged victim can take legal action against you when your conduct leads to injuries or bodily harm. The judge can assume that you were negligent when offering your medical services. If successful, the plaintiff can recover compensation for the following damages:

  • Medical costs incurred due to your behavior.
  • Lost wages or income for the time they spent away from gainful employment after sustaining injuries.
  • Lost earning ability if the patient finds it hard to return to their work due to their sustained injuries.

The court can also require you to pay punitive damages. Punitive damages punish the defendant for engaging in egregious or malicious conduct and deter future similar conduct.

Fighting Your Criminal Charges

After the prosecutor charges you with BPC 2052, you should understand the severity of the probable consequences. Your objective should be to protect yourself against criminal charges and seek skilled legal representation to fight for your freedom and rights. Your attorney will collect evidence and review your case facts to determine the most practical legal defense. Discussed below are some of the most common and valid legal strategies:

Your Conduct Did Not Satisfy the Definition of Practicing Medicine

There are numerous gray areas today regarding the legal definition of practicing medicine.

For instance, healing traditions globally have very little to do with conventional Western medicine. A personal trainer can have clients and recommend remedies for their medical conditions. Clients or patients are rapidly seeking more pocket-friendly and new techniques to treat their diseases.

You are more likely to be accused of breaching BPC 2052 for engaging in conduct that does not meet the conventional definition of medicine. In this case, your defense lawyer can assist you in arguing that you are innocent.

False Allegations

False allegations have resulted in prosecutors wrongfully charging innocent people for various offenses, and BPC 2052 is no exception.

You are probably unlicensed as a doctor with unsatisfied former clients who want to get you into legal trouble or misunderstand your services. Or perhaps a business fall-out that has led your former business partner or colleague to make false allegations against you.

The experienced legal team at California Criminal Lawyer Group has previously handled similar California cases, knows the appropriate questions to ask, and collects suitable proof to ensure the truth is revealed.

Insufficient Evidence

Proof plays a significant role in every case’s success, and the party with more robust evidence is more likely to prevail. If the prosecution cannot prove the case facts beyond a reasonable doubt, your experienced lawyer should understand the situation and contest the evidence against you. Typically, the court can reduce or dismiss your criminal charges.

You Were Participating in a Self-Help Group

Members of a self-help group run the group without licensed medical practitioners. Therefore, claiming that you did not practice medicine but participated in a support or self-help group could be an effective legal strategy.

You Did Not Profit from the Medical Practice

Sometimes, you can provide medical services while assisting individuals without payment. For instance, you stopped engaging in medicine and met someone needing your services. Helping an individual is not an offense. Nevertheless, the court can find you guilty of BPC 2052 when you receive payment for the services offered and if you are without a license.

Likewise, the judge cannot convict you of assisting a needy individual before medical experts arrive if you engaged in medicine but switched to another career.

Related Crimes

Discussed below are crimes that judges often charge instead of or in place of BPC 2052:

Unauthorized Use of Letters or Titles

It is a crime for an unlicensed doctor in Golden State to use any letters or terms indicating that you are a surgeon or physician in letterheads, advertisements, business cards, or signs:

  • The term “doctor.”.
  • The term “physician.”.
  • The initials “M.D.”.
  • The term “medical doctor.”.
  • The prefix “Dr.”.

The criminal activity is a California misdemeanor. It attracts a six-month county jail sentence and a fine of $1,000.

Illegal Practice of Law

A person can only practice law in the Golden State if they are a member of the California State Bar. It applies to individuals who have never been attorneys and attorneys whose California State Bar bar has suspended or revoked their membership.

This crime is a wobbler, typically charged as a misdemeanor. It becomes a felony if the attorney who committed it has been disbarred or suspended.

Criminal Convictions and Professional Discipline

Any conviction significantly associated with medical practitioners' functions, duties, and qualifications can result in doctors’ professional discipline.

The most severe doctor discipline penalty is the Medical Board of California revoking or suspending your professional license. If this is your case, you should be cautious about continuing to practice medicine. Otherwise, you risk facing BPC 2052 charges.

Medical Marijuana

Healthcare providers prescribe medical marijuana to patients who meet certain requirements to use it lawfully. Failure to meet these requirements can result in California’s medical marijuana and BPC 2052 charges.

A person can violate BPC 2052 if they run a medical marijuana cooperative and engage unlicensed physicians to examine their patients and issue them a cannabis sativa prescription.

Medical marijuana laws are complicated and confusing, and you should hire a competent attorney if charged with this crime.

Typical Police Mistakes in Criminal Investigations

Law enforcers play a significant role in prosecution through investigation. Nevertheless, they make many errors that your defense lawyer can use to fight your criminal charges. They happen when police officers fail to adhere to standard procedures or are prejudiced in their investigations. These mistakes include the following:

Failing to Document

Law enforcers can make numerous errors when writing their reports. The mistakes stem from falsifying reports, omitting specific facts, and misrepresenting facts. Officers make many types of mistakes when creating reports, including:

  • Mistake of law.
  • Mistake of judgment.
  • Mistakes of facts like incorrect contact details.

Sometimes, officers fail to document vital details about the crime. The police should support their testimony during court hearings. They can leverage their field report and notes to support the authenticity of their testimonies.

Here are the details a law enforcer should document:

  • The events’ date.
  • Their observation at the scene of the crime.
  • Witnesses’ contact information.
  • The witnesses’ information.

The officer should keep the notebook they used to record their observations and then present the details to the court.

Police Entrapment

Generally, undercover police officers interact with criminals, aiming to identify criminal activities. The officer should arrest defendants whom they notice have violated the crime.

Nonetheless, some officers can force an individual to break the law in their zeal to make arrests. For instance, if the law enforcer consistently pleads with a medical assistant to treat and diagnose mental health conditions, even after the medical assistant’s refusal, the policeman could be guilty of entrapment.

Many undercover officers operate by providing suspects with opportunities to break the law. You are guilty of this offense when you act on this opportunity.

The judge can drop your criminal charges if your defense lawyer can verify that the officer coerced you into breaching BPC 2052. Nonetheless, your legal professional must prove that you would not have violated this statute under normal circumstances.

Police Misconduct

Law enforcers can engage in unethical conduct that compromises the credibility of the California criminal judicial system and trustworthy officers. The misconduct results in the conviction and arrest of innocent citizens.

The number of closed cases and arrests a police officer makes contributes to their performance reviews. Here are some common forms of police misconduct:

  • Knowingly introducing proof into the crime scene to implicate a person.
  • Coercing a witness to testify —It can occur during questioning when the officer gives a witness guiding statements. The statements can result in incorrect witness identification and the arrest of the inaccurate individual.
  • Coaching a witness to frame the accused.
  • Filing fabricated evidence and incorrect information — Some law enforcers fabricate evidence to effect a conviction or cover up previous investigation mistakes.
  • Presenting false testimonies in a courtroom.

Your lawyer can use police misconduct during plea bargain negotiations to have the criminal charges dismissed or reduced. Sometimes, seasoned defense attorneys use police misconduct as proof during an appeal to overturn a lower court’s ruling.

Using Force

California laws permit law enforcement agencies to use reasonable force when applicable. Nevertheless, some officers use unnecessary or excessive force. Police brutality is a common issue that violates an individual’s legal protection from excessive force, as outlined in the Eighth and Fourth Amendments to the U.S. Constitution.

Recently, California passed Assembly Bill 392, which bans law enforcers from applying deadly force unless vital under the circumstances. AB 392 aims to lower police killings and shootings and improve accountability among officers. An officer can shoot a suspect they reasonably think is a threat to others.

The United States Supreme Court has five gradual steps that the police must adhere to when making an arrest or diluting a tense situation. They comprise the following:

  • Using their physical presence.
  • Applying physical bodily force like kicking, grabbing, or punching.
  • Making verbal statements like direct orders and requests.

The officer should begin with the least force possible.

You can bring a civil lawsuit against the police officer if the law enforcer applies excessive force during a criminal investigation. During your trial, your lawyer can demonstrate that:

  • The force stemmed from the law enforcer.
  • The situation did not need immediate application of force.
  • The officer’s conduct was unnecessary or unreasonable.
  • The law enforcer could have applied less force with identical outcomes.

Failing to Read Miranda Rights

The police should read you your Miranda rights before their interrogations or questioning. Miranda rights aim to protect you against self-incrimination. It includes advising you of the following:

  • Your right to remain silent.
  • The prosecution can use any statement you make against you.
  • You are entitled to legal representation, and the court can appoint a public defendant if you cannot afford to hire an attorney.

Regrettably, the police do not always advise individuals of their rights when questioning them. Additionally, they continue questioning suspects after they have asserted their entitlement to a lawyer or remain silent. 

Sometimes, police can break the suspect’s Miranda rights. For instance, an officer can read your Miranda rights but force you to confess to breaking BPC 2052. The court will review the following factors when determining whether the police used coercion to obtain the statement:

  • The interrogation’s duration.
  • Your age, mental health, and maturity.
  • Whether the law enforcer promised you leniency.
  • Interrogation at gunpoint.
  • Threatening more physical harm.
  • Interrogating you while you are under the influence of drugs or too drunk to think rationally.
  • Continuing to interrogate you after asserting your rights.
  • Denying you water, food, bathroom use, or sleep.

What Happens If You Are Charged with BPC 2052 in California but Live Out of the State?

Remember, you risk facing BPC 2052 criminal charges, regardless of whether you have ever been in the state, if you treat a California patient without a valid California medical professional license.

In this case, California has the jurisdiction to prosecute your crime. The state can detain you before your trial. You have a right to bail and a public defender if you cannot afford legal representation. However, the jurisdiction does not care about your origin as far as an arrest is concerned. The officers only care that you violated BPC 2052 in their state.

Can a Defendant Leave California with Pending Misdemeanor or Felony Criminal Charges?

While you can leave California, that does not imply you can or should avoid prosecution.

If you are charged with a felony, the answer will depend on your release terms. The judge can release you on bail but impose specific conditions, like not leaving Golden State.

You can leave California if the police have not detained or arrested you. However, it is wise to consult an attorney before leaving. You could return home only to find that you should appear in court the following day. The legal counsel can ensure you understand your release conditions and the consequences of failing to show up.

You Can Post Your Bail While in Another Jurisdiction

Bail is the amount you post with the court to secure your release from detention as you await your trial. The judge considers factors like community ties and residence when determining the bail amount and whether you are a flight risk. That means the judge could set a higher bail amount for an out-of-state resident, mainly if you:

  • Are charged with a felony.
  • Reside far away.
  • Have previously skipped bail.

The court will refund your bail, provided you attend all required court proceedings. On the contrary, the court will forfeit your bail money, and the court could issue a bench warrant for your arrest if you skip bail.

Should You Attend Your Out-of-State Court Proceedings?

Your court appearance is essential. Nevertheless, depending on your case circumstances, a California court can allow you to attend through your defense attorney. It is especially true if you are charged with a misdemeanor. Typically, the rules differ when facing a felony, and the judge can deny your request to attend through counsel.

Please do not confuse your attorney appearing on your behalf with an excuse for failing to attend your court hearings. The judge’s approval beforehand is mandatory.

Your State Can Extradite You If You Have an Out-of-State Arrest Warrant

If a judge issues your arrest warrant, law enforcers can extradite you to California. California will formally request your extradition to your state of residence. You have a right to a court hearing before law enforcers move you, and if there are supporting facts, the officers will transport you to Golden State.

Find a Fraud-Related Criminal Defense Attorney Near Me

The unauthorized practice of medicine in Fresno involves falsely claiming to be a physician. Whether you are accused of advertising to practice medicine or treating and diagnosing any medical health condition, the conduct can lead to life-altering penalties like fines and incarceration. BPC 2052 allegations require strategic, seasoned legal representation. You can trust the legal team at California Criminal Lawyer Group to protect your career, livelihood, future, freedom, and life. Our legal team is eager to discuss your case facts and recommend the most effective steps during your initial free, confidential consultation. Please contact our office at 559-712-8377 to schedule your no-obligation consultation.