California Unlicensed Health Care Practitioner Faces Felony Charges
Posted: Fri Jan 16, 2004 7:29 pm
In October 2003, in Fremont, California, a graduate of a foreign medical
school was charged with two felony counts of practicing medicine without a
license and two misdemeanor counts of representing herself to be a
physician. As far as we know, she is not being charged with causing any
harm to a patient. This case comes to court this week.
The practitioner graduated from the Dhondu Mama Homeopathic Medical School
in Poona, India, but is not licensed to practice medicine in California.
She has a retail license in California and was allegedly selling "drugs
from India that were not FDA approved for dispensing in the U.S." as well
as allegedly bogus health insurance. She apparently also referred patients
to a local chiropractor for X-rays.
The case was initiated when a customer of this practitioner complained that
she was holding herself out to be a licensed physician when she gave a talk
to the Women in Business Connection Club at the Fremont Chamber of
Commerce. According to the practitioner, the complaint to the Medical
Board came after a billing dispute with this customer, and after the
practitioner failed to appear at another lecture for the Chamber of
Commerce that this customer had arranged.
It is currently unclear whether this practitioner was in compliance with
California's health freedom law, SB577, and other laws. According to SB577
(2053.5 and 2053.6 of the California Business and Professions Code - parts
of the Medical Practice Act), unlicensed health care providers must provide
a written disclosure in plain language that they are not physicians. In
addition, an unlicensed practitioner is in violation if he or she "holds
out, states, indicates, advertises, or implies to a client or prospective
client that he or she is a physician, a surgeon, or a physician and
surgeon." Practitioners must also disclose other information about their
practice and education. 2053.5 and 2053.6 also specify that unlicensed
practitioners may not perform certain activities. Unlicensed practitioners
must provide a copy of this disclosure to each client at the beginning of
service, and keep a copy, signed by the client, in their records for three
years. There are also specific disclosure requirements that must appear in
advertisements of any sort.
This case should make one thing patently clear to all unlicensed
practitioners who offer services in California: do not in any way imply
that you are a licensed physician. Even if you hold a Ph.D., we strongly
advise you to not use the title Dr. and to never use M.D. after your name.
You must come into full compliance with the requirements of California's
health freedom law, SB577, including the necessary disclosures with
patients and in all advertising.
Unfortunately, this case has also made it clear that the California Medical
Board remains "unaware" of SB577, at least in their statements to the
press. For example, in a local press article, Candis Cohen, the
spokeswoman for the Medical Board stated, "it is against the law to
diagnose and treat patients without a license." This is untrue under
SB577. The California Health Freedom Coalition (CHFC) is keeping close
tabs on this case and is in communication with the Medical Board, the
prosecutor in this case, as well as with the practitioner's legal counsel.
To find out more about California's health freedom law and its
requirements, visit
http://www.californiahealthfreedom.org.
And remember: If you find (or have already found) the downloadable
documents on our website to be useful, CHFC had to pay for their
development. So financial contributions are much appreciated and vital to
the continued work of the CHFC.
California Health Freedom Coalition
P.O. Box 186
Palo Alto, CA 94302
Voicemail: 650-352-4533
Email: chfc@californiahealthfreedom.org
Web: www.californiahealthfreedom.org
--------------------------------------------------------------------
Sheri Nakken, R.N., MA, Classical Homeopath
Well Within & Earth Mysteries & Sacred Site Tours (worldwide)
Vaccination Information & Choice Network
http://www.nccn.net/~wwithin/vaccine.htm
http://www.nccn.net/~wwithin/homeo.htm
homeopathycures@tesco.net
ONLINE Introduction to Homeopathy Classes
ONLINE Introduction to Vaccine Dangers Classes
Voicemail US 530-740-0561 UK phone from US 011-44-1874-624-936
school was charged with two felony counts of practicing medicine without a
license and two misdemeanor counts of representing herself to be a
physician. As far as we know, she is not being charged with causing any
harm to a patient. This case comes to court this week.
The practitioner graduated from the Dhondu Mama Homeopathic Medical School
in Poona, India, but is not licensed to practice medicine in California.
She has a retail license in California and was allegedly selling "drugs
from India that were not FDA approved for dispensing in the U.S." as well
as allegedly bogus health insurance. She apparently also referred patients
to a local chiropractor for X-rays.
The case was initiated when a customer of this practitioner complained that
she was holding herself out to be a licensed physician when she gave a talk
to the Women in Business Connection Club at the Fremont Chamber of
Commerce. According to the practitioner, the complaint to the Medical
Board came after a billing dispute with this customer, and after the
practitioner failed to appear at another lecture for the Chamber of
Commerce that this customer had arranged.
It is currently unclear whether this practitioner was in compliance with
California's health freedom law, SB577, and other laws. According to SB577
(2053.5 and 2053.6 of the California Business and Professions Code - parts
of the Medical Practice Act), unlicensed health care providers must provide
a written disclosure in plain language that they are not physicians. In
addition, an unlicensed practitioner is in violation if he or she "holds
out, states, indicates, advertises, or implies to a client or prospective
client that he or she is a physician, a surgeon, or a physician and
surgeon." Practitioners must also disclose other information about their
practice and education. 2053.5 and 2053.6 also specify that unlicensed
practitioners may not perform certain activities. Unlicensed practitioners
must provide a copy of this disclosure to each client at the beginning of
service, and keep a copy, signed by the client, in their records for three
years. There are also specific disclosure requirements that must appear in
advertisements of any sort.
This case should make one thing patently clear to all unlicensed
practitioners who offer services in California: do not in any way imply
that you are a licensed physician. Even if you hold a Ph.D., we strongly
advise you to not use the title Dr. and to never use M.D. after your name.
You must come into full compliance with the requirements of California's
health freedom law, SB577, including the necessary disclosures with
patients and in all advertising.
Unfortunately, this case has also made it clear that the California Medical
Board remains "unaware" of SB577, at least in their statements to the
press. For example, in a local press article, Candis Cohen, the
spokeswoman for the Medical Board stated, "it is against the law to
diagnose and treat patients without a license." This is untrue under
SB577. The California Health Freedom Coalition (CHFC) is keeping close
tabs on this case and is in communication with the Medical Board, the
prosecutor in this case, as well as with the practitioner's legal counsel.
To find out more about California's health freedom law and its
requirements, visit
http://www.californiahealthfreedom.org.
And remember: If you find (or have already found) the downloadable
documents on our website to be useful, CHFC had to pay for their
development. So financial contributions are much appreciated and vital to
the continued work of the CHFC.
California Health Freedom Coalition
P.O. Box 186
Palo Alto, CA 94302
Voicemail: 650-352-4533
Email: chfc@californiahealthfreedom.org
Web: www.californiahealthfreedom.org
--------------------------------------------------------------------
Sheri Nakken, R.N., MA, Classical Homeopath
Well Within & Earth Mysteries & Sacred Site Tours (worldwide)
Vaccination Information & Choice Network
http://www.nccn.net/~wwithin/vaccine.htm
http://www.nccn.net/~wwithin/homeo.htm
homeopathycures@tesco.net
ONLINE Introduction to Homeopathy Classes
ONLINE Introduction to Vaccine Dangers Classes
Voicemail US 530-740-0561 UK phone from US 011-44-1874-624-936