334.010. Unauthorized practice of medicine and surgery prohibited--practice of medicine across state lines, definition. - Missouri Statutes

Unauthorized practice of medicine and surgery prohibited--practice ofmedicine across state lines, definition.

334.010. 1. It shall be unlawful for any person not now a registeredphysician within the meaning of the law to practice medicine or surgery inany of its departments, to engage in the practice of medicine across statelines or to profess to cure and attempt to treat the sick and othersafflicted with bodily or mental infirmities, or engage in the practice ofmidwifery in this state, except as herein provided.

2. For the purposes of this chapter, the "practice of medicine acrossstate lines" shall mean:

(1) The rendering of a written or otherwise documented medicalopinion concerning the diagnosis or treatment of a patient within thisstate by a physician located outside this state as a result of transmissionof individual patient data by electronic or other means from within thisstate to such physician or physician's agent; or

(2) The rendering of treatment to a patient within this state by aphysician located outside this state as a result of transmission ofindividual patient data by electronic or other means from within this stateto such physician or physician's agent.

3. A physician located outside of this state shall not be required toobtain a license when:

(1) In consultation with a physician licensed to practice medicine inthis state; and

(2) The physician licensed in this state retains ultimate authorityand responsibility for the diagnosis or diagnoses and treatment in the careof the patient located within this state; or

(3) Evaluating a patient or rendering an oral, written or otherwisedocumented medical opinion, or when providing testimony or records for thepurpose of any civil or criminal action before any judicial oradministrative proceeding of this state or other forum in this state; or

(4) Participating in a utilization review pursuant to section376.1350, RSMo.

(RSMo 1939 § 9981, A.L. 1959 S.B. 50 § 18, A.L. 1998 H.B. 1601, et al.)

Prior revisions: 1929 § 9111; 1919 § 7330; 1909 § 8311

(1958) "Without holding that unlicensed medical practice constitutes a public nuisance per se", where record showed that defendant was utterly inadequate and incompetent for the role he assumed and established that his extensive unlicensed practice (as a naturopath) was in fact, a public nuisance, he would be enjoined. State ex rel. Collet v. Scopel (Mo.), 316 S.W.2d 515.

(1958) Where naturopath advertised that he was a doctor and maintained a place of business in Missouri where, for a consideration, he consulted with patients, made examinations, diagnosed their condition, prescribed for and treated them for illness, he was practicing medicine. Such practice without a license could be enjoined as public nuisance. State v. Errington (Mo.), 317 S.W.2d 326. Cert. Den. 359 U.S. 992, 79 S.Ct. 1122.

(1963) Ear drops, vitamins and placebo pills prescribed and administered by a doctor of chiropractic, in his professional capacity to a patient for which he expected to make a charge, were medicine within meaning of section 331.010, the administering and prescribing of which were beyond the scope of his chiropractic license and grounds for revocation of his license. State ex rel. Gibson v. Missouri Board of Chiropractic Examiners (A.), 365 S.W.2d 773.

(1964) Verdict finding defendant "guilty of practicing medicine without a license between March 19, 1962 and April 7, 1962 by applying certain substances and bandages to the face of * * * in treatment of a bodily infirmity, professing to cure the same * *" held sufficient. State v. Leimer (A.), 382 S.W.2d 718.

(1966) Separate sections of chapter 334 constitute a part of entire code, are pari materia, must be read and construed together, effect must be given to all provisions, and apparent conflicts must be harmonized whenever possible. Bittiker v. State Board of Registration for Healing Arts (A.), 404 S.W.2d 402.

(1986) This section is not void for vagueness on account of its failure to expressly define "practice of medicine" or "engage in the practice of midwifery". Engaging in the practice of midwifery is unlawful, but every act of midwifery engaged in without a license is not unlawful. The statute permits isolated or occasional gratuitous acts of midwifery. State ex rel. Mo. State Board v. Southworth (Mo.banc), 704 S.W.2d 219.