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. Lamunyon:

 

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; without 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.

 

We trust the foregoing is responsive.

 

Sincerely,

 

DORTHEA A JOHNSON

Deputy Director

Legal Affairs

           

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            GUY C. LAMUNYON

July 26, 2001

Page Two

 

We trust the foregoing is responsive.

 

Sincerely,

 

DOREATHEAJOHNSON

Deputy Director

Legal Affairs

 

~c

 

B .~ANITA L. SCURI Y

                                                                 Sr. Staff Counsel

ALS : slb

 

cc:          Janis Thibault

      Nancy Vedera

 

NOTE: Original available upon request. Contact Glamunyon@aol.com.