Just to correct you, medically speaking, a physician can not treat any patient. Legally speaking, lets say for example a general ophthalmologist gives an intravitreal injection and it goes wrong; the lawyer will raise the question of why it was not done by a retina/vitreous surgeon; even though it is not a difficult procedure to do. Its not to say its malpractice, but board certification in a specialty can be against you in that case.
Also, physicians can generally only prescribe within their scope of practice; meaning a psychiatrist or internist can not prescribe spectacle glasses (actually know of one who got suspended for doing so); or ODs can not prescribe cough syrup (actually know from example lol).
Conrad Murray's problem is 1) He was not B.C. in cardiology (which is standard for all medical specialists) 2) Cardiologists typically don't treat chronic pain patients, that the job of pain management doctors...
Just to correct you, I said
legally speaking, not "medically" speaking. And, yes, a license to practice medicine allows one to engage in the full scope of medicine and surgery, legally. Practically? Hell no. A psychiatrist would never actually engage in heart surgery for a number of reasons; one would be civil liability (ie, malpractice), not to mention the fact that no insurance would pay for it and no hospital would grant privileges and no anesthesiologist or nurse would knowingly participate... but, it is
not illegal. As a physician, you don't get licensed separately to practice cardiology or practice surgery or practice psychiatry... there is only one medical license, to practice medicine and surgery, and in most states you are eligible for it after just one year of post-graduate training.
Also, just to correct you again, board certification has nothing to do with your legal ability to practice medicine and it is certainly not "standard" for all specialists. One major example would be physicians recently graduated from residency/fellowship... most specialty boards require one to three years of active practice or a certain number of patients seen independently before you can become board certified which results in lots of young board-eligible but not board-certified physicians practicing in all settings and specialties. Another example would be the old-school general practitioners (a dying breed now) who completed only an internship before becoming licensed to practice and informally specialize in primary care (which, yes, is a specialty) or other fields.
Board certification has
nothing to do with your
legal standing to practice medicine. Malpractice litigation like you're talking about is not a criminal issue so it has nothing to do with this. Dispensing controlled substances without a DEA number is, which is why Dr. Murray might be in legal trouble. Of course he could be in
civil trouble for practicing outside his scope of training. His lack of BC and practicing pain control might make him a shady guy and definitely vulnerable to a malpractice suit or board sanctions, but there's nothing illegal about either.
As for prescriptive authority... spectacles don't usually fall under the scope of medicine/surgery so I could see a physician potentially getting into legal trouble for this. But there is no legal limitation on prescriptive authority once you are licensed as a physician (unlike dentists or optometrists or others who in various states have restricted prescriptive authority). A licensed physician can prescribe any drug. The only thing is with Schedule II (and depending upon some states Schedule III and IV) drugs... in addition to having a medical license you must also register with the DEA to prescribe these. Of course in reality most doctors generally stay within their scope of practice when prescribing; there are a host of non-legal ramifications when you don't (insurance audits, malpractice liability, staff privileges, etc.). I've never met a family doctor who would, say, order chemo drugs, even though they legally could. Yeah, I think it's a little suspect that Jackson's dermatologist was regularly prescribing Xanax and Percocet, but it's perfectly legal.