Can You Be Reported to the Data Bank if You Are Caught Practicing Without a License?

In all states, you need some type of license to practice medicine. There is some flexibility to address unique situations.

In Nevada, there’s a license for “special events” to demonstrate medical techniques and procedures, often at a convention. But you still must apply for a limited license.  

Pursuant to Nevada Administrative Code NAC 630.147, Special event license to demonstrate medical techniques and procedures:

Application. An applicant for a special event license issued must, not later than 30 days before the requested effective date described in subsection 1, submit to the Board or, where appropriate, cause to be submitted to the Board:  

1. An application for a special event license on a form approved by the Board. The application must include, without limitation, the date on which the applicant wishes the special event license to become effective. The application must also include:

(a) Verification that the applicant is currently licensed as a physician in another state and is in good standing in that state;
(b) The dates and locations of the demonstrations of medical techniques or procedures that the applicant plans to conduct pursuant to the special event license; and
(c) A description of the type of persons expected to attend the demonstrations.

2. The documentation and information, other than an application, that an applicant for a license to practice medicine is required to submit to the Board.
3. The applicable fee for the application for and issuance of the special event license as prescribed by the Board.
4. Such other pertinent information as the Board may require.

There’s a federal law, Sports Medicine Licensure Clarity Act, which protects team physicians, athletic trainers and other sports medicine professionals when they travel across state lines with their teams to treat the athletes under their care. The federal law expands professional liability coverage for the professional while on the road providing services for the athletic team. The professional must be licensed in their home state. 

Again, a license is needed.  

And some states allow for limited licenses to promote education. The “rock star” license.  

North Carolina has a Faculty/Special Purpose Application for Physicians (MSFL).  

Who should complete this application?

The MSFL license is intended to allow North Carolina medical schools to benefit from the expertise, specialized knowledge, or unique skills of physicians who are not otherwise eligible for full licensure in North Carolina. Please note: The term expertise does not apply to standard or routine knowledge that would be expected of any physician. 

Who should complete this application? 

Physicians who wish to come to NC for a limited time, scope and purpose, such as to demonstrate or learn a new technique, procedure or piece of equipment, or to educate physicians or medical students in an emerging disease or public health issue. 

If a non-licensed physician is caught engaging in the practice of medicine, they will run afoul of that state’s Medical Practice Act. It may very well translate into a criminal offense. The Board of Medicine will send a cease-and-desist letter. They may refer the case to state Attorney General or local district attorney for prosecution.  

This is not an uncommon problem.  

For example, in April 2024, the Texas Medical Board issued a press release noting it had disciplined 22 physicians at its March meeting. In parallel, it ratified 16 cease and desist orders.  

A sampling of the offenders: 

Armstrong, Nathanael: No License, Tomball On March 22, 2024, the Board and Nathanael Armstrong entered into an Agreed Cease and Desist Order prohibiting him from acting as, or holding himself out to be, a licensed physician in the state of Texas. The Board found Mr. Armstrong refers to himself as “Dr.” on his website and is engaging in the practice of medicine in Texas.  

Crone, Corey: No License, Austin On March 22, 2024, the Board and Corey Crone entered into an Agreed Cease and Desist Order prohibiting him from acting as, or holding himself out to be, a licensed physician in the state of Texas. The Board found Mr. Crone and his wife own a clinic which provided various cosmetic procedures without a physician or midlevel on-site.

Crone, Yvemar “Eva”: No License, Austin On March 22, 2024, the Board and Yvemar “Eva” Crone entered into an Agreed Cease and Desist Order prohibiting her from acting as, or holding herself out to be, a licensed physician in the state of Texas. The Board found Ms. Crone and her husband own a clinic which provided various cosmetic procedures without a physician or midlevel on-site. 

Such individuals, though unlicensed in that state, will still be reported to the National Practitioner Data Bank (NPDB). The NPDB is generally considered to a database focused on healthcare professionals. Apparently, the list also includes individuals alleged to be acting as healthcare professionals, even if unlicensed. One rationale would be to alert any licensing body of past history should such a person go through the motions and attain the necessary education and training to legitimately apply for a future license.  

Guidance from the NPDB: 

Our board issued a formal “cease and desist” order to an unlicensed practitioner who claimed to be a licensed dentist. Should the action be reported to the NPDB? 

Yes. NPDB regulations define a health care practitioner as “an individual who is licensed or otherwise authorized by a state to provide health care services (or any individual who, without authority, holds himself or herself out to be so licensed or authorized).” When reporting an action against an unlicensed individual, select “No License” on the licensure information screen and select the field of licensure claimed by the individual for the Occupation/Field of Licensure category. 

So, there IS a way for the general public to join our fellow healthcare professionals on a database none of us wants to join.  

What do you think?