Social Question

peinrikudo6's avatar

Is it illegal to "diagnose" people without any kind of license on a website even if you provide a disclaimer?

Asked by peinrikudo6 (196points) May 29th, 2011

A friend of mine recently directed me to this site:

http://www.anxietykeep.org/index.html

Now, it says that one of the goals of the website is to provide a diagnosis. While a disclaimer may say that the site is not responsible for its users, isn’t the owner still held accountable for offering to diagnose anyone without any sort of license?

I understand where this guy is coming from, but it seems like he would be doing more harm to those who suffer from any form of mental illness.

I’m just curious about this situation and want to see what others think. I’m not looking to bash the website or anything of that nature, but I do find it a little unsettling that someone who hardly has control over their own mental health (as made apparent by his Facebook) would provide services to those who should really seek professional help.

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8 Answers

jaytkay's avatar

The site link to “Facilities” lists no actual facilities. And “The Team” is one person. And “The Forum” has about five members.

So I wouldn’t pay any attention to the site at all.

marinelife's avatar

“The practicing of medicine without a license and nursing without a license is also known as the unauthorized practice of medicine.
Practicing medicine without a license can include a range of activity,
but some of the more common examples include the following examples:

* holding oneself out as a doctor when in fact one is not
* using the letters “M.D.”, “D.O.”, or any other abbreviations to indicate an affiliation with treating patients
* prescribing medication to a person when one is not licensed to write prescriptions
* giving a person a medical diagnosis
* providing medical treatment to a person without holding a medical license
* giving a medical examination when one does not have a medical license required for the examination
* an actual physician who practices medicine outside of the scope of the license for which the physician possesses
* a former physician who has had his medical license revoked continues to practice medicine
* improper
delegation of authority by a physician to staff members such as nurses
or assistants who then engage in the practice of medicine

Laws Against the Illegal Practice of Medicine

Every state has different laws which pertain to the illegal practice
of medicine. However, in all states, practicing medicine without a
license constitutes a crime. As a result, anyone engaging in such
conduct is subject to criminal consequences. In addition, other civil
based laws can be triggered by the illegal practice of medicine,
depending upon the circumstances of the matter.

All About Counseling

peinrikudo6's avatar

@jaytkay True. I figured that when I read the t.o.s, but still, there is potential for disaster there.

peinrikudo6's avatar

@marinelife Thanks for that. :)

HungryGuy's avatar

It all depends on what country the site is running from. If it’s Uganda or somewhere, then it’s probably perfectly legal and there’s nothing you can do if their advice kills you…

MyNewtBoobs's avatar

When they say you have to have a medical license to diagnose someone, the definition of “diagnose” is a bit more complicated than “tell someone what’s wrong with them” – otherwise, every parent who ever tells their child that they didn’t break their arm, they just strained it, and to wrap it in a bandage and take some children’s Advil is guilty of practicing medicine without a license. The guy running the website should probably say something more like “provide you with a possible diagnosis to discuss further with a medical professional”, but at best, he’s doing something mildly unethical – not illegal.

peinrikudo6's avatar

@HungryGuy It’s being run from America.

@MyNewtBoobs That makes perfect sense. I just hope he doesn’t “help” anyone. I can appreciate wanting to be there for others like him, but to give them advice on which pills to take and whatnot is ridiculous! >_<

MyNewtBoobs's avatar

@peinrikudo6 Well, in order to get the pills, they would have to see a doctor, so maybe not – doctors themselves often recommend that you network with other people who have the same issues, so that someone can say “you know, I tried this one pill/therapy method, and it really worked for me – maybe you should see if it works for you”. Doctors usually don’t prescribe anything they themselves don’t think is a good idea, but most are happy to have others help them in coming up with ideas, and have it be a team effort to get someone better.

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