ASSEMBLY, No. 2366

 

STATE OF NEW JERSEY

 

INTRODUCED SEPTEMBER 26, 1996

 

 

By Assemblyman O'TOOLE

 

 

An Act concerning unauthorized practice of medicine and law and amending N.J.S.2C:21-20 and N.J.S.2C:21-22.

 

    Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

    1. Section 14 of P.L.1989, c.300 (2C:21-20) is amended to read as follows:

    14. Unlicensed practice of medicine, crime of third degree.

    A person is guilty of a crime of the [third]second degree if he knowingly does not possess a license or permit to practice medicine and surgery or podiatry, or knowingly has had the license or permit suspended, revoked or otherwise limited by an order entered by the State Board of Medical Examiners, and he:

    a. engages in that practice;

    b. exceeds the scope of practice permitted by the board order;

    c. holds himself out to the public or any person as being eligible to engage in that practice;

    d. engages in any activity for which such license or permit is a necessary prerequisite, including, but not limited to, the ordering of controlled dangerous substances or prescription legend drugs from a distributor or manufacturer; or

    e. practices medicine or surgery or podiatry under a false or assumed name or falsely impersonates another person licensed by the board.

(cf: P.L.1989, c.300, s.14)

 

    2. Section 1 of P.L.1994, c.47 ( 2C:21-22) is amended to read as follows:

    1. Unauthorized practice of law, penalties.

      a. A person is guilty of a [disorderly persons offense] crime of the third degree if the person knowingly engages in the unauthorized practice of law.

    b. A person is guilty of a crime of the [fourth]second degree if the person knowingly engages in the unauthorized practice of law and:

    (1) Creates or reinforces a false impression that the person is licensed to engage in the practice of law; or

    (2) Derives a benefit; or

    (3) In fact causes injury to another.

    c. For the purposes of this section, the phrase "in fact" indicates strict liability.

(cf: P.L.1994,c.47,s.1)

 

    3. This act shall take effect immediately .

 

 

STATEMENT

 

    This bill would amend N.J.S.2C:21-20 and make it a crime of the second degree for a person who knowingly does not possess a license or permit to practice medicine, surgery or podiatry to engage in the practice of medicine. A crime of the second degree is punishable by a term of imprisonment of five to 10 years, a fine of $100,000 or both.

    This bill would also amend N.J.S.2C:21-22 and make it a crime of the third degree for any person to knowingly engage in the unauthorized practice of law. Under these provisions the crime of practicing law without a license would be upgraded to a crime of the second degree if the person knowingly engages in the unauthorized practice of law and creates a false impression that he is licensed, or derives a benefit or in fact causes injury to another.

 

 

                             

 

Upgrades unauthorized practice of medicine and law.