Home > West's Encyclopedia of American Law > Unauthorized Practice

The performance of professional services, such as the rendering of medical treatment or legal assistance, by a person who is not licensed by the state to do so.

The unauthorized practice of a profession is prohibited by state laws. Violators of these laws are generally subject to criminal sanctions, but what constitutes unauthorized practice is constantly changing and is the subject of dispute. For example, persons opposed to laws that ban the unauthorized PRACTICE OF LAW argue that the legal profession uses these statutes to maintain a MONOPOLY over legal services, many of which can be performed by nonlawyers.

The professions have sought the enactment of unauthorized practice statutes in part to protect the public from persons who are not trained to give professional assistance and who...