THE ANSWER:
STATE OF CALIFORNIA-STATE AND CONSUMER SERVICES AGENCY GRAY DAVIS,
Governor
State of California Department of Consumer Affairs
LEGAL AFFAIRS
400 R STREET, SUITE 3090
SACRAMENTO, CA 95814-6200
July 26,2001
Guy C. Lamunyon
23 Poplar Drive
Aliso Viejo, CA 92656
RE: Practice of Medicine by Unlicensed Personnel
Dear Mr. Larnunyon:
Your letter dated December 13, 2000 addressed to the Medical Board of
California has been referred to our office for reply.
In your letter you ask: "Would diagnosis of substance related disorders
(DSM-IV) by alcoholism counselors be considered the practice of medicine by
unlicensed personnel?"
Section 2052 of the Business and Professions Code relating to the
unlicensed practice of medicine states as follows:
"Any person who practices or attempts to practice, or who advertises or
holds himself or herself out as practicing, any system or mode of treating
the sick or afflicted in this state, or who diagnoses, treats, operates for, or
prescribes for any ailment, blemish, deformity, disease, disfigurement, disorder,
injury, or other physical or mental condition of any person, withnot having at the
time of so doing a valid, unrevoked, or unsuspended certificate as provided in
this chapter, or without being authorized to perform such act pursuant to a
certificate obtained in accordance with some other provision of law, is guilty of a
misdemeanor."
In conclusion, it is our opinion that diagnosis of substance related
disorders by alcoholism counselors would be considered the practice of medicine by
unlicensed personnel.
GUY C. LAMUNYON
July 26,2001
Page Two
We trust the foregoing is responsive.
Sincerely,
DOREATHEA JOHNSON
Deputy Director
Legal Affairs
By ANITA L. SCURI
Sr. Staff Counsel
ALS:slb
cc: Janis Thibault
Nancy Vedera
