回複:好像更糊塗了,如果我在網上說clove oil能止牙痛,算不算非法行醫呢?

來源: apt 2012-06-05 16:09:00 [] [博客] [舊帖] [給我悄悄話] 本文已被閱讀: 次 (1136 bytes)

I am not a doctor and do not know the rules of the state medical board. My understanding of a UPL is that it must be fact specific and it must be an advice that requires legal judgment. Once a person taking the advice, a legal right can be won or lost.

For example. Everybody can talk about how a real estate title is written. However, if somebody asks such a question, one comes out and says "joint tenancy." If that person is not an attorney, then it is UPL. Whether the title has to be a joint tenancy, a community property, or otherwise, is a legal judgment, which must be based on the specific facts pertaining to the person asking the question. Nobody can or should answer that question without a full evaluation of all the facts, including state law, tax status, marriage status, estate planning, health, among others. Joint tenancy or community property have their own advantage or disadvantage and it is not a one size fits all situation.

Of course, everybody can talk about the disadvantage or disadvantage of these titles. Tell others what to do under a specific circumstance is a different thing.

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