By Alicia Gallegos
A Federal court has ruled that “nurses with doctorates do not have the right to call themselves doctors 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.
Pacific Legal Fund attorney Donna Matias, who represented the nurses, said the plaintiffs were disappointed that the court “failed to grapple with relevant Supreme Court precedent that protects First Amendment rights.”
Instead of reining in the state’s power to censor professionals who accurately describe their credentials, the decision emboldens it,” Matias said in an email to Medscape Medical News. “The First Amendment does not allow the government to silence truthful speech simply because some listeners may be confused — especially when disclosure can address any concerns short of a total ban.”
The defendants in the case, California Attorney General Rob Bonta and California Medical Board President Kristina Lawson, did not return messages seeking comment.
The California Medical Association (CMA), welcomed the decision, saying it upholds the state’s “well-established prohibition against nonphysicians using the title ‘Dr’ in healthcare settings.” The CMA filed a joint amicus brief with the American Medical Association (AMA) in the case in support of the defendants.
“This decision protects patients by providing clarity and transparency about the level of training and education of the person providing their care,” CMA President Shannon Udovic-Constant, MD, said in a statement. “Allowing patients to make informed decisions is foundational to our health care system.
Under California’s Business and Professions Code Section 2052, anyone who refers to themselves as a doctor in words or in advertisements without having a valid certificate as a physician is guilty of a misdemeanor and subject to sanctions.
