Unlicensed Practice of a Health Care Profession in Florida
Unlicensed Practice of a Health Care Profession is a Third Degree Felony in Florida.
Under Florida Statute 456.065, the crime of Unlicensed Practice of a Health Care Profession is committed when a person practices, attempts to practice, or offers to practice a health care profession without an active and valid Florida license for that health care profession.
Health Care Professions Requiring Licensure
A health care profession includes any activity, occupation, profession, or vocation regulated by the department in the Division of Medical Quality Assurance and includes: [1]
- Acupuncture
- Chiropractic, Osteopathic, and Podiatric Medicine
- Dentistry
- Massage
- Medical Practice
- Naturopathy
- Nursing
- Optometry
- Pharmacy
Penalties for Unlicensed Practice of a Health Care Profession
The penalties for the crime of Unlicensed Practice of a Health Care Profession depend upon whether a person is charged with:
- Unlicensed Practice of a Health Care Profession with an Inactive or Delinquent License for less than 12 Months
- Unlicensed Practice of a Health Care Profession with an Inactive or Delinquent License for more than 12 Months
- Unlicensed Practice of a Health Care Profession without Causing Serious Bodily Injury
- Unlicensed Practice of a Health Care Profession Causing Serious Bodily Injury
Unlicensed Practice of a Health Care Profession with an Inactive or Delinquent License for less than 12 Months
In Florida, the crime of Unlicensed Practice of a Health Care Profession with an Inactive or Delinquent License for 12 months or less is a First Degree Misdemeanor and punishable by a minimum up to one (1) year in prison, one (1) year of probation, and a $1,000 fine.
If convicted of Unlicensed Practice of a Health Care Profession with an Inactive or Delinquent License for less than 12 months, a judge must impose a minimum of 30 days in jail and a $500 fine, but also may sentence the person up to the statutory maximum of one year in jail, one year of probation, and a $1,000 fine. [2]
Unlicensed Practice of a Health Care Profession with an Inactive or Delinquent License for more than 12 Months
In Florida, the crime of Unlicensed Practice of a Health Care Profession with an Inactive or Delinquent License for more than 12 months is a Third Degree Felony and assigned a Level 1 offense severity ranking under Florida’s Criminal Punishment Code.
If convicted of Unlicensed Practice of a Health Care Profession with an Inactive or Delinquent License for more than 12 Months, a judge must impose a minimum sentence of 30 days in jail and a $500 fine, but can also impose any combination of up to five (5) years in prison, five (5) years of probation, and $5,000 in fines. [2]
Unlicensed Practice of a Health Care Profession without Causing Serious Bodily Injury
In Florida, the crime of Unlicensed Practice of a Health Care Profession Causing without Serious Bodily Injury is a Third Degree Felony and punishable by up to five (5) years in prison, five (5) years of probation, and a $10,000 fine.
Unlicensed Practice of a Health Care Profession Causing Serious Bodily Injury is assigned a Level 7 offense severity ranking under Florida’s Criminal Punishment Code. Absent grounds for a downward departure sentence, a judge is required to sentence a person convicted of Aggravated Battery to a minimum sentence of 21 months in prison, but may also sentence the person up to the statutory maximum of five years in prison.
Additionally, even if a Court finds grounds for a downward departure, the lowest sentence a Court can sentence a person to is one year in jail and a $1,000 fine. [3]
Unlicensed Practice of a Health Care Profession Causing Serious Bodily Injury
In Florida, the crime of Unlicensed Practice of a Health Care Profession Causing Serious Bodily Injury is a Second Degree Felony and punishable by up to fifteen (15) years in prison, fifteen (15) years of probation, and a $10,000 fine.
Unlicensed Practice of a Health Care Profession Causing Serious Bodily Injury is assigned a Level 7 offense severity ranking under Florida’s Criminal Punishment Code. Absent grounds for a downward departure sentence, a judge is required to sentence a person convicted of Aggravated Battery to a minimum sentence of 51 months in prison, but may also sentence the person up to the statutory maximum of fifteen years in prison.
Additionally, even if a Court finds grounds for a downward departure, the lowest sentence a Court can sentence a person to is one year in jail and a $1,000 fine. [4]
Defenses to Unlicensed Practice of a Health Care Profession
In addition to the pretrial defenses and trial defenses that can be raised in any criminal case, specific defenses to the crime of Unlicensed Practice of a Health Care Profession are:
Causation
When charged with Unlicensed Practice of a Health Care Profession Causing Serious Bodily Injury, the prosecution must prove a causative link between the act of the defendant and the serious bodily injury suffered by the victim. [5]
Dietary Supplement Practice
It is a defense to the crime of Unlicensed Practice of a Health Care Profession if the person was doing nothing more than selling or recommending the use of a dietary supplement, as defined by the Food, Drug, and Cosmetic Act, 21 U.S.C. 321, so long as the person selling or recommending the dietary supplement does so in compliance with federal and state law. [6]
Contact Criminal Defense Lawyer Richard Hornsby
If you have been arrested or charged with the crime of Unlicensed Practice of a Health Care Profession in Central Florida or the Greater Orlando area, contact Criminal Defense Lawyer Richard Hornsby today.
The initial consultation is free and I am always available to advise you on the proper course of action that can be taken.