Performance of health care or surgical procedure without a license

Vegas Lawyer Explains Crime of Unlicensed Surgeries

To protect the public from incompetent medical care providers, the state of Nevada requires doctors and certain other caregivers to obtain licenses. Strict licensing requirements exist and those who wish to obtain a license must comply with education requirements and complete examinations proving their knowledge and skill in their field.

Sometimes, however, individuals will provide healthcare services or even perform surgery without having the proper license. If and when this occurs, the individual who has engaged in the unlicensed practice of medicine could be charged with a serious crime. Performance of healthcare or surgical procedures without a license is actually a separate subcategory in Nevada Title 15, Chapter 200, which is a part of Nevada’s law that details crimes against persons.

If you are accused of performing a healthcare procedure or a surgical procedure without a license, we can help you to defend yourself against these serious charges so you can reduce the chances of a conviction and all penalties that could result from a guilty verdict. LV Criminal Defense has extensive experience providing representation to defendants accused of various offenses considered crimes against persons and our Vegas criminal defense attorneys can put together a legal strategy that is right for you, given the nature of the charges and the evidence the prosecutor has against you. Just give us a call today to find out more.

Performing Health Care or Surgery Without a License

According to Nevada Revised Statute section 200.830, performing health care procedures without a license is a Category C felony for a first offense, if the person who received the procedure suffered substantial bodily harm but did not die as a result of the unlicensed healthcare. For a repeat offense in which a victim suffers substantial bodily harm but does not die, a defendant who performed health care without a license can be convicted of a Category B felony. For this offense, the defendant could face a minimum of two years of imprisonment and a maximum of 20 years imprisonment. The defendant could also be fined between $2,000 and $5,000.

If a defendant is convicted of performing unlicensed healthcare services and the patient who receives the unlicensed care passes away as a result, the defendant can be charged with a Category B felony unless a greater penalty is provided by law. The punishment for a Category B felony for performing unlicensed healthcare involves a minimum of two years imprisonment, a maximum of 20 years imprisonment, and a maximum fine between $2,000 and $5,000. A sentence that is imposed for the death of a patient when performing an unlicensed surgical procedure cannot be suspended and the defendant cannot be granted probation.

For purposes of determining whether a defendant performed an unlicensed healthcare procedure or not, the definition of health care procedure is found in Nevada Revised Statute section 200.810. Under the relevant law, a health care procedure includes any medical procedure that requires a license to perform, other than a surgical procedure.

The penalty for the performance of a surgical procedure is defined in Nevada Revised Statute section 200.840. According to the relevant law, any person who performs a surgical procedure on someone without a license can be convicted of a Category C felony if the person who received the procedure did not suffer any substantial bodily harm as a result of the care and if the offense was a first offense.

A second or subsequent offense of performing a surgical procedure without a license can result in a defendant being convicted of a Category B felony. A defendant could be punished by imprisonment for a minimum of two years and a maximum of 20 years for a repeat offense in connection with performing unlicensed surgical procedures.

If an unlicensed surgical procedure caused substantial bodily harm other than death to the individual who received the unlicensed surgical procedure, the defendant could be convicted of a Category B felony. This could result in a minimum term of imprisonment of two years and a maximum prison term of up to 20 years. A defendant could also be fined between $2,000 and $5,000.

If the unlicensed surgical procedure results in the death of the victim, the defendant can be charged with a Category B felony unless another law imposes a greater penalty. The defendant could face a minimum term of imprisonment of two years and a maximum of 20 years imprisonment, and a defendant cannot be given a suspended sentence of probation.

For purposes of this statute, a surgical procedure is defined in Nevada Revised Statute section 200.820 to include any medical procedure in which the skin is broken and there is contact with the mucosa. It also includes any minimally invasive medical procedure in which a manipulation of the internal body cavity takes place beyond a natural or artificial bodily orifice, if a license is required to perform such a procedure.