UNAUTHORIZED PRACTICE OF A PROFESSION (E Felony) EDUCATION LAW 6512 (1) The (specify) count is Unauthorized Practice of a Profession. Under our law, a person is guilty of the Unauthorized Practice of a Profession when he or she, Select the appropriate alternative: (specify not being authorized to practice for profession) which a license is a prerequisite, practices or offers to practice or holds himself or herself out as being able to practice (specify profession). (specify practices as an exempt person the profession) during the time when his or her professional license is suspended, revoked or annulled. (specify aids or abets an unlicensed person to practice the profession).1 fraudulently sells, files, furnishes, obtains, or who attempts fraudulently to sell, file, furnish or obtain any diploma, People v Santi, 3 NY3d 234 (2004) explained: interpreting the “In 1 statute we are guided by a well-settled principle of statutory construction: courts normally accord statutes their plain meaning, but not blindly ‘will apply the words of a statute to arrive at an unreasonable or absurd result’. Indeed, primary consideration of the courts in the construction of ‘[t]he statutes is to ascertain and give effect to the intention of the Legislature’. Legislative intent drives judicial interpretations in matters of statutory construction . . . If the phrase authorized to practice under this title’ ‘not modified the pronoun as defendant urges, the statute would ‘[a]nyone’ necessarily be applied in an unreasonable manner . . . We conclude that Education Law § 6512 (1) does not exempt licensed physicians from prosecution under the statute. To the contrary, section 6512 (1) allows for the prosecution of any individual, licensed or not, that aids and abets an unauthorized individual in the practice of medicine.”
UNAUTHORIZED PRACTICE OF A PROFESSION (E Felony) EDUCATION LAW 6512 (1) The (specify) count is Unauthorized Practice of a Profession. Under our law, a person is guilty of the Unauthorized Practice of a Profession when he or she, Select the appropriate alternative: not being authorized to practice (specify profession) for which a license is a prerequisite, practices or offers to practice or holds himself or herself out as being able to practice (specify profession). practices (specify the profession) as an exempt person during the time when his or her professional license is suspended, revoked or annulled. aids or abets an unlicensed person to practice (specify the profession).1 fraudulently sells, files, furnishes, obtains, or who attempts fraudulently to sell, file, furnish or obtain any diploma, 1 People v Santi, 3 NY3d 234 (2004) explained: “In interpreting the statute we are guided by a well-settled principle of statutory construction: courts normally accord statutes their plain meaning, but ‘will not blindly apply the words of a statute to arrive at an unreasonable or absurd result’. Indeed, ‘[t]he primary consideration of the courts in the construction of statutes is to ascertain and give effect to the intention of the Legislature’. Legislative intent drives judicial interpretations in matters of statutory construction . . . If the phrase ‘not authorized to practice under this title’ modified the pronoun ‘[a]nyone’ as defendant urges, the statute would necessarily be applied in an unreasonable manner . . . We conclude that Education Law § 6512 (1) does not exempt licensed physicians from prosecution under the statute. To the contrary, section 6512 (1) allows for the prosecution of any individual, licensed or not, that aids and abets an unauthorized individual in the practice of medicine.”
CJI2d.EDUCATION%20LAW.6512(1).docx