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From: ems@amdahl.UUCP (ems)
Newsgroups: net.med,net.legal
Subject: Re: legal definition of practice of medicine
Message-ID: <2132@amdahl.UUCP>
Date: Mon, 21-Oct-85 14:43:11 EDT
Article-I.D.: amdahl.2132
Posted: Mon Oct 21 14:43:11 1985
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> > > > > The unlicensed practice of medicine is a misdemeanor.
> >  ...
> > > 	THE LEAST THEY COULD DO IS MAKE IT A FELONY.
> > 
> > Hmmm, so if I told my Aunt Mabel that I thought a cup of herb tea
> > might make her feel less tired & sore then I would be in a class with
> > someone who murdered and raped for a living?  1/2 :-)
>  
> In some instances, across the country, the unlicensed practice can be a
> felony.  There have even been felonious instances by a licensed doctor.
>  
> > Why not certification rather than licensing?  Let the malpractice
> > claims sort out the poor practitioners.  (Certification would work
> > like it does for CPA's.  I can have anyone do my bookkeeping, but
> > if I want assurance that they know what they are doing, I get a CPA.)
> > 
> Mr. Smith, doctors do go through a certification of sorts.  My brother
> is a doctor.  He had to go through three sets of medical board exams.

The distinction between LICENSING and CERTIFICATION is a legal
one having little to do with the degree of preparation or skill.
A license gives you the right to do something that would be a crime
for the un-licenced to do.  A certification gives you the right to
do something and claim exceptional expertise at doing it when
others are allowed to do it, but are not allowed to
claim exceptional expertise at doing it.  There may also be
some limitations on the ability of the un-certificated to practice
in some situations.

In the area of medicine, to offer treatment without a licence
is a crime.  Under certification, it would not be a crime; though
taking the offer might be stupid ... :-)

While it is usually the case that both licensing and certification
require some formal training and/or examination; the distinction
between them rests on the penalty for practice when not blessed
by having the paper.  Physicians are licenced, not certified.

-- 

E. Michael Smith  ...!{hplabs,ihnp4,amd,nsc}!amdahl!ems

'If you can dream it, you can do it'  Walt Disney

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