What Does a Medical License Allow You to Do?

[AD04]

From a legal standpoint, exactly what does a medical license allow you to do that a non-licensed person can't do.

Some of the more obvious things I can think of is prescribing pharmaceutical drugs and performing surgery.

What about OMM? Do you legally need a license for that? What about alternative medicine?

The best information I can find is this link:

http://orthoinfo.aaos.org/topic.cfm?topic=A00283

Reading that, it makes me think that you may not legally need a license to perform OMM in most states. Naturopathic physicians are licensed in only 14 states and they also do manipulation. So why not go to one of the other 36 states, forgo the license, counsel people in nutrition and perform manipulation (i.e. OMM)? From a legal standpoint, it seems to work.

If that is the case, why not skip residency and just start opening an OMM / alternative medicine practice? If you're any good, after 3 years when some of your peers are finishing residency, you'll have a thriving practice. You won't have to deal with licensing and certification fees either.

Basically, what is considered medicine from a legal standpoint?

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[GUH]

From a legal standpoint, exactly what does a medical license allow you to do that a non-licensed person can't do.

Some of the more obvious things I can think of is prescribing pharmaceutical drugs and performing surgery.

What about OMM? Do you legally need a license for that? What about alternative medicine?

The best information I can find is this link:

http://orthoinfo.aaos.org/topic.cfm?topic=A00283

Reading that, it makes me think that you may not legally need a license to perform OMM in most states. Naturopathic physicians are licensed in only 14 states and they also do manipulation. So why not go to one of the other 36 states, forgo the license, counsel people in nutrition and perform manipulation (i.e. OMM)? From a legal standpoint, it seems to work.

If that is the case, why not skip residency and just start opening an OMM / alternative medicine practice? If you're any good, after 3 years when some of your peers are finishing residency, you'll have a thriving practice. You won't have to deal with licensing and certification fees either.

Basically, what is considered medicine from a legal standpoint?

I think a license also allows you to advertise yourself as a doctor. Which is kind of important if you want to attract patients. You are also more liable to lose a civil malpractice suit without a valid license.

Now what some people do is finish their internship, get their license, and immediately go into GP or OMM.

Here is Nebraska's statute addressing what it means to "practice medicine"

And according to that state, OMM falls within the scope of "practicing medicine":
Healing by manipulation and adjustment of nerves, bones, and tissues was practicing medicine, within the definition of former statute. Harvey v. State, 96 Neb. 786, 148 N.W. 924 (1914).

 

[AD04]

I think you can still market yourself as a doctor as long as you finish medical school, right? You are still a DO, you just won't be licensed.

 

[GUH]

I think you can still market yourself as a doctor as long as you finish medical school, right? You are still a DO, you just won't be licensed.

Again, from Nebraska (the first place I could find a relevant statute for):
"(6) Persons who attach to their name the title of M.D., surgeon, physician, physician and surgeon, or any word or abbreviation and who indicate that they are engaged in the treatment or diagnosis of ailments, diseases, injuries, pain, deformity, infirmity, or any physical or mental condition of human beings... "

 

[Mosonik]

I think you can still market yourself as a doctor as long as you finish medical school, right? You are still a DO, you just won't be licensed.

You could technically market yourself as a DO/MD but you couldn't market yourself offering medical services that are protected as only suitable to be performed or practiced by LICENSED physicians. Each state's medical board (naturopathic board, chiropractic board, etc) has a detailed and explicit list at what this includes.

 

[Siggy]

From California's Business and Professions Code...

"2051. The physician's and surgeon's certificate authorizes the
holder to use drugs or devices in or upon human beings and to sever
or penetrate the tissues of human beings and to use any and all other
methods in the treatment of diseases, injuries, deformities, and
other physical and mental conditions."

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=bpc&group=02001-03000&file=2050-2079

 

[AD04]

In Washington, it does not say you cannot use MD/DO after your name.

http://apps.leg.wa.gov/rcw/default.aspx?cite=18.71.011

So I guess the marketing aspect is very state specific.

I was digging around and I happened upon this link from WHO that explains the legal aspect a bit more clearly:

http://apps.who.int/medicinedocs/en/d/Jh2943e/5.18.html

This from the link above basically answered the question:

Licensing laws in each state provide that the unlicensed practice of medicine is a crime, with medicine being broadly defined to include such matters as diagnosis and treatment of disease or any human condition. Both non-licensed providers of complementary/alternative care (such as non-allopathic physician homeopaths, herbalists, iridologists, nutritionists, and spiritualists not practising within the tenets of a specific recognized religion) and licensed complementary/alternative care providers (such as chiropractors and, in many states, acupuncturists, massage therapists, and naturopaths) who exceed their legislatively authorized scope of practice risk prosecution for unlicensed medical practice.

Thanks for the help. There is no way around the law.

 

[NeuroLAX]

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[nowanmd]

I'd rather have 007's license

 

[Siggy]

I'd rather have 007's license

As in Dr. Kevorkian or Dr. Conrad Murray?