Minn. Stat. » CHAPTER 147. BOARD OF MEDICAL PRACTICE
Minnesota Statutes

Minn. Stat. § 147.081 (2026)

Practicing Without License; Penalty

✓ current as of May 2026
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Subdivision 1.Unlawful practice of medicine.

It is unlawful for any person to practice medicine as defined in subdivision 3 in this state unless:

(1) the person holds a valid license issued according to this chapter; or

(2) the person is registered to provide interstate telehealth services according to section 147.032.

Subd. 2.Penalty.

Any person violating the provisions of subdivision 1 or section 147.082 is guilty of a gross misdemeanor.

Subd. 3.Practice of medicine defined.

For purposes of this chapter, a person not exempted under section 147.09 is "practicing medicine" or engaged in the "practice of medicine" if the person does any of the following:

(1) advertises, holds out to the public, or represents in any manner that the person is authorized to practice medicine in this state;

(2) offers or undertakes to prescribe, give, or administer any drug or medicine for the use of another;

(3) offers or undertakes to prevent or to diagnose, correct, or treat in any manner or by any means, methods, devices, or instrumentalities, any disease, illness, pain, wound, fracture, infirmity, deformity or defect of any person;

(4) offers or undertakes to perform any surgical operation including any invasive or noninvasive procedures involving the use of a laser or laser assisted device, upon any person; or

(5) offers to undertake to use hypnosis for the treatment or relief of any wound, fracture, or bodily injury, infirmity, or disease.

Notes of Decisions
Cited in 7 cases (1 in the last 5 years), 1989–2024 · leading case: State v. Saunders, 542 N.W.2d 67 (Minn. Ct. App. 1996).
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State v. Saunders, 542 N.W.2d 67 (Minn. Ct. App. 1996). · cites it 24× “* Defendant Herbert Saunders was tried on a gross misdemeanor charge of practicing medicine without a license under Minn.Stat. § 147.081, subd. 3(3) (1994). After a mistrial resulting from a deadlocked jury, the trial court certified the following question as important and…”
Kaiser v. Mem'l Blood Ctr. of Minneapolis, Inc., 486 N.W.2d 762 (Minn. 1992). · cites it 2× “Conduct constituting the practice of medicine for which a license is required is defined in Minn.Stat. § 147.081, subd. 3. 8 . Other courts have applied the distinction between corporate negligence in policymaking and medical malpractice in similar circumstances.”
Judith Rygwall, as Tr. for the Heirs & Next of Kin of Amy Rygwall v. ACR Homes, Inc. d/b/a ..., 6 N.W.3d 416 (Minn. 2024). · cites it 2× “”); Minn. Stat. § 147.081 , subd. 3(3) (2022).”
In Re the Proposed Suspension, Revocation or Non-Renewal of the Nursing Home Licenses of Parkway Manor Healthcare Ctr., 448 N.W.2d 116 (Minn. Ct. App. 1989). · cites it 2× “Indeed, if they did provide medical care, they would violate Minn.Stat. § 147.081 (1988) (prohibiting practice of medicine without a license).”
Isles Wellness, Inc. v. Progressive N. Ins. Co., 689 N.W.2d 561 (Minn. Ct. App. 2004). · cites it 2× “See Minn.Stat. § 147.081 (2002) (defining the unlawful practice of medicine and stating penalty).”
State Farm Mut. Auto. Ins. v. Mobile Diagnostic Imagine, Inc., 7 F. Supp. 3d 934 (D. Minnesota 2014). · cites it 4× “2005) (citation omitted); see also Minn.Stat. § 147.081 (codifying the unlawful practice of medicine).”
Canfield v. Grinnell Mut. Reinsurance Co., 610 N.W.2d 689 (Minn. Ct. App. 2000). · cites it 2× “] Minn.Stat. § 147.081, subd. 3 (1996). And “health care” refers to professional services rendered by a professional or an employee of a professional and services furnished by a hospital, sanitarium, nursing home or other institution for the hospitalization or care of human…”
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