54-1804. UNLICENSED PRACTICE — PENALTIES AND REMEDIES RELATING TO UNLICENSED PRACTICE. (1) Under the circumstances described and subject in each case to limitations stated, the following persons, though not holding a license to practice medicine in this state, may engage in activities included in the practice of medicine:

(a) A medical officer of the armed forces of the United States, of the United States public health service, or of the United States department of veterans affairs, while engaged in the performance of his official duties;

(b) A person residing in another state or country and authorized to practice medicine there, who is called in consultation by a person licensed in this state to practice medicine, or who for the purpose of furthering medical education is invited into this state to conduct a lecture, clinic, or demonstration, while engaged in activities in connection with the consultation, lecture, clinic, or demonstration, as long as he does not open an office or appoint a place to meet patients or receive calls in this state;

(c) A person authorized to practice medicine in another jurisdiction of the United States called upon to conduct an examination in Idaho for the purpose of offering testimony in a criminal or civil legal proceeding;

(d) A person authorized to practice medicine in another state or country while rendering medical care in a time of disaster or while caring for an ill or injured person at the scene of an emergency and while continuing to care for such person;

(e) An intern or resident who is registered with the board as provided in this chapter and while engaged in programs authorized pursuant to rules of the board or a physician assistant licensed by the board;

(f) A person authorized or licensed by this state to engage in activities which may involve the practice of medicine if acting within the scope of that license;

(g) A person engaged in good faith in the practice of the religious tenets of any church or religious beliefs;

(h) A person administering a remedy, diagnostic procedure or advice as specifically directed by a physician;

(i) A person rendering aid in an emergency, where no fee for the service is contemplated, charged or received;

(j) A person authorized to practice medicine in another jurisdiction of the United States who briefly provides critical medical service at the specific lawful direction of a medical institution or federal agency that assumes full responsibility for that treatment or service and is approved by the state medical board;

(k) A person administering a family remedy to a member of the family;

(l) A person who administers treatment or provides advice regarding the human body and its functions and who:

(i) Does not use legend drugs or prescription drugs in such practice;

(ii) Uses natural elements such as air, heat, water and light;

(iii) Uses only class I or class II nonprescription, approved, medical devices as defined in section 513 of the federal food, drug and cosmetic act;

(iv) Uses only vitamins, minerals, herbs, natural food products and their extracts, and nutritional supplements;

(v) Does not perform surgery; and who

(vi) Requires each person receiving services to sign a declaration of informed consent that includes an overview of the health care provider’s education which states that the health care provider is not an "M.D." or "D.O." and is not licensed under the provisions of this chapter; or

(m) A physician or physician assistant licensed and in good standing in another jurisdiction of the United States or credentialed in another country who:

(i) Is affiliated with or employed by an established athletic team, athletic organization or performing arts company temporarily practicing, competing or performing in this state for no more than sixty (60) days in a calendar year; and

(ii) Is practicing only on patients, clients or team staff affiliated with or employed by such team, organization or company.

(2) Nothing in subsection (1)(m) of this section shall be construed to permit a physician or physician assistant to provide care or consultation to any person residing in this state, other than a person specified in subsection (1)(m) of this section. Further, nothing in subsection (1)(m) of this section shall be construed to permit a physician or physician assistant to practice at a licensed health care facility in this state or to have prescriptive rights in this state unless in accordance with federal law.

(3) Except as provided in subsection (1) of this section, it shall constitute a felony for any person to practice medicine in this state without a license and upon conviction thereof shall be imprisoned in the state prison for a period not to exceed five (5) years, or shall be fined no more than ten thousand dollars ($10,000), or shall be punished by both such fine and imprisonment.

(4) Except as provided in subsection (1)(a), (b), (c), and (d) of this section, it is unlawful for any person to assume or use the title or designation "medical doctor," "medical physician," "osteopathic doctor," "osteopathic physician," "physician assistant," "M.D.," "D.O.," or "P.A.," or any other title, designation, words, letters, abbreviation, sign, card, or device to indicate to the public that such person is licensed to practice medicine pursuant to this chapter unless such person is so licensed and, upon conviction thereof, such person shall be imprisoned not to exceed one (1) year, or shall be fined no more than three thousand dollars ($3,000), or shall be punished by both fine and imprisonment.

(5) When a person has been the recipient of services constituting the unlawful practice of medicine, whether or not he knew the rendition of the services was unlawful, proof of the rendition of such unlawful services by the recipient or his personal representative in an action against the provider of such services for damages allegedly caused by the services constitutes prima facie evidence of negligence shifting the burden of proof to such provider of unlawful services. The following damages in addition to any other remedies provided by law may be recovered in such an action:

(a) The amount of any fees paid for the unlawful services.

(b) Reasonable attorney’s fees and court costs.

(6) The board may refer all violations of this section made known to it to appropriate prosecuting attorneys. The board may render assistance to a prosecuting attorney in the prosecution of a case pursuant to this section.

History:

[54-1804, added 1977, ch. 199, sec. 5, p. 538; am. 1990, ch. 400, sec. 1, p. 1121; am. 1993, ch. 271, sec. 1, p. 908; am. 1998, ch. 177, sec. 2, p. 660.; am. 2011, ch. 301, sec. 1, p. 864; am. 2018, ch. 24, sec. 1, p. 42; am. 2019, ch. 26, sec. 4, p. 54.]