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What Happens if I’m Accused of Practicing Medicine Without a License in Florida?

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Can I Be Charged with a Crime for Practicing Medicine Without a License in Florida?

Various professions, such as medicine, require those who practice them to hold professional licenses from the relevant agencies. Lawyers from a law firm in Florida explain that practicing without a license is a criminal offense, and you risk hefty criminal penalties if charged with and convicted of the crime.

Before delving into the nuances of the criminal charges, it’s essential to understand the definition and scope of practicing medicine without a license. Under Florida Statute 458.327(1), the crime occurs when an unlicensed individual performs medical procedures, provides medical advice, or conducts activities reserved for licensed medical professionals.

Criminal defense attorneys in Polk County say these medical activities not only violate state rules but also put patients at risk of health complications. They may include the following:

  • Diagnosing illnesses
  • Prescribing medication
  • Conducting surgeries
  • Offering medical treatments and therapies, whether in a clinical setting or otherwise.

Scope of the Crime

Practicing medicine without a license extends beyond performing medical procedures. It encompasses misrepresenting credentials, practicing while the license is suspended or revoked, or operating an unregistered clinic. Additionally, using fraudulent means to obtain a medical license can attract criminal charges.

Presenting false documentation to the licensing board or being dishonest about your education or training is also considered practicing medicine without a license. Criminal defense lawyers in Polk County explain that courts don’t take this offense lightly, as it degrades the integrity of the medical profession and poses a significant risk to public health.

It’s crucial to understand the scope of practicing medicine without a license if you work in the healthcare industry. Whether you’re a clinic owner or medical professional, you can avoid legal pitfalls and consequences by familiarizing yourself with these regulations.

Why Are Unauthorized Medical Procedures Risky?

Polk County criminal defense attorneys say that unlicensed individuals perform medical procedures that pose significant risks to patients. Some procedures don’t conform to standard hygiene standards, and in other cases, the practicing individuals may lack adequate knowledge of human anatomy and legal accountability.

Specific dangers include the following:

  • Incorrect diagnosis or treatments, worsening the patient’s condition
  • Higher risk of infections and complications
  • Challenges in seeking legal redress or justice for victims
  • Permanent injuries, and in the worst cases, death.

What Are the Legal Consequences of Practicing Medicine Without a License?

If you’re caught practicing medicine without the required credentials, you risk facing legal consequences upon conviction. The Florida Department of Health can also impose administrative consequences in addition to the criminal penalties.

Practicing medicine without a license can be a misdemeanor or felony, depending on the case specifics. The offense can be charged under one of the following different levels of criminal charges:

  • Misdemeanor offense if the crime happened in a less critical profession, such as cosmetology
  • A third-degree felony if it is a first-time offense or one that results in significant financial loss to the victim.
  •  A second-degree felony if it is a repeat offense
  • A first-degree felony if the crime results in serious bodily injury or the death of the victim
  •  Aggravated felony if the practice involves egregious acts like identity theft, fraud, or multiple instances of unlicensed activities.

The penalties vary, depending on the charges and whether there were aggravating factors. They include:

  • Fines: The court could impose fines ranging from $1,000 to $10,000
  • Imprisonment: You risk spending time behind bars, with the term ranging from a few months for minor offences to tens of years for a first-degree or aggravated felony
  • Criminal records: Being convicted of illegal medical practice can permanently damage your record, reducing your chances of securing employment opportunities in the future. You may also not be able to obtain professional licenses.
  • Civil liability: Victims of unauthorized medical practices could sue you for damages, including medical costs and emotional distress.
  • Probation: You may be sentenced to probation, requiring regular check-ups with a probation officer while adhering to specific guidelines.

Working closely with aggressive criminal defense lawyers in Polk County is crucial to help you devise a robust defense strategy. A lot is at stake, and you can’t afford to be casual about the charges.

How Can I Successfully Navigate Criminal Charges for Practicing Medicine Without a License?

Facing criminal charges for unlicensed medical practice can be distressing, and how you handle the legal process can dramatically affect your future. Having skilled Polk County criminal defense lawyers by your side is necessary so that they can help you navigate the intricacies with precision. They can also help you know and assert your rights when facing charges:

  • The right to remain silent to avoid self-incrimination
  • The right to legal representation
  •  The right to a quick trial without unnecessary delays and with transparency
  • The right to an impartial jury
  • The right to cross-examine witnesses
  • The right to appeal the court’s decision

Fighting Criminal Charges with the Help of an Experienced Criminal Defense Lawyer

Being caught on the wrong side of the law can be emotionally draining. A conviction for practicing medicine while unlicensed can attract severe penalties, including life in prison. Defending yourself can be an uphill task if you don’t understand the various strategies available. Experienced criminal defense attorneys from a law firm in Florida can help you.

The Law Firm of Gil Colon Jr. has a legal team that can handle your case. We can evaluate the case specifics and help you develop a solid defense strategy to beat the charges. Possible defenses include a lack of intent and challenging the prosecutor’s evidence. Call us at 863-622-9602 for a FREE consultation.

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