Education Law 6512
Unauthorized practice cases can involve allegations against people working in medicine, dentistry, nursing, therapy, architecture, accounting, real estate, massage therapy, cosmetology, and other licensed fields. They can also involve employers accused of aiding, abetting, employing, or holding out unlicensed people as authorized professionals.
What Prosecutors Must Prove
These pages are built around the official statute and, where available, the New York Criminal Jury Instructions. The prosecution must prove the legal elements beyond a reasonable doubt, not simply create suspicion or rely on an accusation.
- The profession at issue required a license or legal authorization.
- The accused was not authorized to practice, or was practicing during a suspension, revocation, or annulment.
- The accused practiced, offered to practice, held himself or herself out as able to practice, aided or abetted unlicensed practice, or fraudulently dealt with a diploma, license, record, or permit.
- For subdivision two theories, the prosecution must prove knowing aid/abetment or employment/holding out involving three or more unlicensed people or suspended/revoked/annulled professionals.
- The accused person’s conduct matched the charged statutory theory.
Key Proof Issues
| Practice or offer to practice | What specific acts are alleged, and do those acts legally constitute the practice of the licensed profession? |
| Holding out | Advertising, websites, business cards, invoices, intake forms, titles, uniforms, social profiles, and business records may be used. |
| Aiding and abetting | The government may focus on business owners, managers, or supervisors rather than the person who performed services. |
| License records | State licensing status, exemptions, scope-of-practice rules, and suspension/revocation records can be central. |
Example of How the Charge Can Arise
A non-graphic example is a business owner accused of advertising services that prosecutors say require a professional license, or an employee accused of performing tasks outside a license or exemption. The defense may focus on the actual service performed, whether the profession legally required a license for that act, whether the accused held themselves out as licensed, and whether any exemption or delegation rule applies.
Potential Defenses
- The alleged conduct did not legally constitute practice of the licensed profession.
- The accused had authorization, an exemption, supervision, delegation, or a good-faith scope-of-practice basis.
- No offer to practice or holding out as a licensed professional.
- No knowing aid or abetment of unlicensed practice.
- Licensing records, business records, advertisements, or witness statements are incomplete or misleading.
- Search, seizure, interview, or document-subpoena issues.
Early defense work matters
Preserving documents, reviewing agency records, analyzing warrants or subpoenas, testing the government’s timeline, and preparing for interviews, arraignment, grand jury, negotiation, or trial can change the direction of a case.
Related Defense Pages
White Collar Defense · Criminal Defense · Fraud Defense · Federal Defense
Talk to a New York Defense Lawyer About Education Law 6512
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Frequently Asked Questions
Is unauthorized practice a felony in New York?
Yes. Education Law 6512 can be charged as a class E felony.
Can business owners be charged even if someone else performed the service?
Yes, depending on the facts. The statute includes aiding, abetting, employing, and holding out theories.
Do licensing records matter?
Yes. The exact license, exemption, scope-of-practice rule, and status history can be central defense evidence.
Official Legal References
- nycourts.gov/judges/cji/2A-Education%20Law/CJI2d.EDUCATION%20LAW.6512%281%29.pdf
- www.nysenate.gov/legislation/laws/EDN/6512
This page is general information, not legal advice. Prior results do not guarantee a similar outcome. Every case depends on its own facts, evidence, procedure, jurisdiction, and applicable law.
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