California nurses with doctorates do not have the right to call themselves doctors, a federal court ruled, upholding a state law that regulates what titles health professionals can use in advertisements.
In a September 19 decision, the US District Court for the Central District of California rejected claims by nurses with Doctor of Nursing Practice (DNP) degrees that the state violated their free speech rights by banning them from using the title “Dr” in the healthcare setting.
The use of “Dr” by nonphysicians in clinical settings is “inherently misleading” commercial speech and is not protected by the First Amendment, District Judge Jesus G. Bernal wrote in his ruling.
Based on personal experience, with a nurse practitioner, who received her doctorate and then asked me to call her “Dr. Barbara”, (I think). I couldn’t get in originally to see my primary MD so I agreed to a visit so that she could document my concerns and take my vitals. I was really uncomfortable with it because:
1). I knew she wasn’t an MD or a DO when I originally saw her for outpatient “boo-boo”care. I remembered her because of her manner. She was trying to force me to have some allergy tests, which my primary MD wasn’t concerned about and neither was I.
2). There were certain things she couldn’t cover in her care, and which my insurance would not cover, unless she was an MD. I knew that, and she probably knew that, but I felt like I was being scammed. Whenever, I saw any other nurse practitioner he/she would immediately let me know that they were nurse practitioners- even the ones with the doctorate NP.
I get that they’ve earned it, but there is a difference.
I never heard of a lawyer with a Juris Doctor (JD) degree refer to themselves as “Doctor”!
Isn’t there a professional association of nurse practitioners that could deal with this aberrant person?
Can a psychologist with a PhD or a PsyD call him/herself “doctor”?
The staff in her office refers to my chiropractor as “doctor”.
Or a PT with a their doctorate?
Are you saying that a DNP is the equivalent of any other nurse practitioner?
It’s not just one person. The lawsuit involved 4 plaintiffs. Additionally among some professional nursing organizations, there is widespread support for the using the title, “doctor” for any APRN who has earned a doctorate degree.
The original CA law was passed when when Sarah Erny, DPN, identified herself as a “Doctor Sarah Erny” when treating patients at a stand alone clinic. Additionally she advertised herself as a “doctor” on the internet, on social media and on several billboards in Southern California. In 2022, she was fined $20K by the state of California for misrepresenting her credentials. Although she did identify herself as “ Dr. Sarah, nurse practitioner” in some cases, she did not clarify that she was not a physician to patients and would not disclose who her supervising physician was. She also required staff at her clinic to call her “doctor”.
In California, the state’s Business and Professions Code prohibits all but a few healthcare professionals from calling themselves “doctor” or “physician,” with the courts holding that limiting the use of titles is to protect the public
Professionals who can use the title “doctor”
California’s Business and Professions Code permits the use of the title only by licensed professionals who hold a doctoral degree, including:
-
Physicians and surgeons: Licensed by the Medical Board of California.
-
Dentists: Licensed by the Dental Board of California.
-
Podiatric medicine doctors, licensed by the Podiatric Medical Board of California
-
Naturopathic doctors, licensed by the California Board of Naturopathic Physicians
-
Chiropractors, licensed by the Board of Chiropractic Examiners, State of California Office
-
Clinical psychologists, licensed by the California Board of Psychology
PhDs are the original doctors. Those holding advanced medical degrees should call themselves barber-surgeons in order to differentiate themselves from actual doctors
No, they do have an advanced degree.
I’m saying we were in a medical practice and she said “I’m Dr. Barbara” and I had seen her months prior to that visit, for an ear wash and when I booked the appointment, the scheduler said, “you’ll be seeing a nurse practitioner”. I didn’t have an issue with that.
But if you’re going to identify yourself as a “doctor” in a medical setting it’s a misrepresentation if you’re not an MD/DO based on my opinion.
In a building full of MD’s, that “comment” made me feel that she wasn’t being direct with me. Her ID’s all said “NP”.
I’ve always received good care from nurse practitioners in clinical settings. But they have always completely identified themselves as nurse practitioners. I have no problem with that because I get really good bedside manner and their expertise.
My colleagues were psychologists and they identified and went by the title of “Dr.”in non-clinical settings. In clinical settings, they would identify themselves to the patient and say “I’m the psychologist on this case, my name is Dr. Johnson.”
The thing that bothers me is I want professionals to respect me as a person-let me know who you are.
I mean no disrespect to the profession.
Aren’t DVM’s “Doctors”(in title)?
Per California law, DVMs (with appropriate state licensing) may only be referred to as “Doctor” within a veterinary practice setting and not elsewhere.
Optometrists, licensed by the California State Board of Optometry
Most non MD professions need to use the degree (ie. O.D., D.C., DDS, etc.) so that it is not confusing for the public.
The CMA is a very powerful beast in CA.
Of course, that is because the general public seems to have taken the term “doctor” to have the narrower definition of “physician” rather than the broader definition of “anyone with a doctoral degree”. So rather than using a title “Physician [name]”, people say “Doctor [name]”, under the assumption that [name] is a physician, not a physical therapist, pharmacist, nurse practitioner, etc. who may have a doctoral degree in their subject.
Ambiguity with the title “Doctor [name]” is usually avoided with optometrists, dentists, etc. because they usually practice in dedicated optometry, dental, etc. practices.
I’m in Connecticut. My dermatologist retired. I was referred to a group dermatological practice by my GP. When I contacted them as a new patient seeking a dermatologist, I was assigned to a DNP. She has never been referred to as a “doctor” either by herself or by anyone else, but she and another APRN-NP are included on the list of providers with all of the MDs both on their website and on a list clearly posted on the wall of their office. No distinction among the providers other than their degree is made on the list
However, depending on the service/treatment you need, a DNP may not be able to provide it.
The scope of practice for DNP and a physician is quite different. A physician can do everything a DNP can do, but the reverse is not true.
If it’s routine skin check, a skin tag or seborrheic keratosis removal, the NP can do it. If it’s a mole removal–that requires a MD/DO. Laser treatment to lighten darkened skin pigmentation or to cauterize a hemangioma requires a MD/DO. Initial prescription of certain medications for skin conditions, including certain acne meds, require a MD, although the NP can authorize a refill.
Being a group practice, she can simply refer to another member of the practice in such a case.
yeah, but that means a second visit for the same purpose–evaluating a patient for a procedure/medication. (And not all insurance plans will pay twice for the same service even it’s done by different provider.)
I have issues with this and PTs also calling themselves Doctor. It is very confusing to the patient’s. I get it. Trust me but…. Lots of buts…. I had an NP derm tell me his training was basically the same as the Dermatologist… since he worked in clinics for 10 year’s …
It seems the last 6 year’s this is really taken hold.
And yet some hospitals in recent years have made changes which have nurse practitioners now doing jobs which used to be done by doctors.
At the clinic where I get routine medical care, years ago it used to be mostly MD/DO, with a couple of NPs doing urgent / same day / basic care.
Now it’s mostly NPs doing primary care, with a couple of MD/DO on staff but not accepting new patients, and urgent / same day / basic care is now provided by PAs.
My PCP is a NP (not a DNP). I have been seeing her for many years since she used to do same-day care there. At this time, she is a popular PCP, no longer accepting new patients and her appointments are booked several months in advance. She doesn’t identify herself as “Doctor” but when people refer to her in the practice, I have noticed lately that everyone refers to her as Doctor (name).
(I’m located in bay area CA.)