California Judge Rules Nurses Wiht Doctorate Degrees Cannot Use ‘Dr.’ Title
SACRAMENTO, CA – A California judge has ruled that nurses holding Doctor of Nursing Practice (DNP) degrees are prohibited from using the title “Dr.” or “doctor” when providing patient care or in advertising medical services, even when also identifying themselves as DNPs. The decision, issued by Judge Bernal, upholds a state law intended to prevent patient confusion regarding healthcare provider qualifications.
The lawsuit was brought by three nurses who argued the law violated their constitutional rights and unduly restricted truthful speech. They contended patients wouldn’t necessarily assume they were medical physicians simply by using the “Dr.” title. One plaintiff had even delayed launching an esthetics clinic and its website upon learning of the law.
However, Judge Bernal found it “reasonable to infer that some consumers will assume that plaintiffs are licensed physicians or surgeons” if they use the titles in a healthcare context.
The California Medical Association (CMA) and American Medical Association (AMA) filed a joint amicus brief supporting the state’s position. CMA President Shannon Udovic-Constant,MD,stated the decision “protects patients by providing clarity and transparency about the level of training and education of the person providing their care,” emphasizing that informed decision-making is “foundational to the healthcare system.”
Donna matias, attorney with the Pacific Legal Foundation representing the nurses, expressed disappointment, arguing the ruling expands the state’s power to restrict professional credential descriptions. “The First Amendment does not allow the government to silence truthful speech simply becuase some listeners may be confused – especially when disclosure can address any concerns short of a total ban,” Matias said in a statement to Medscape Medical News.
Lorie A. Brown, RN, JD, an Indianapolis-based attorney specializing in healthcare law, voiced surprise at the ruling, noting that professionals with doctorates in other fields, like education and psychology, face no such restrictions. “So, I guess Dr. Jill Biden can still use her title, but yet nurses who have the same level of degree can’t use the title, I think that’s unfair,” Brown stated.She also warned that California’s leadership in legislation could lead to similar laws or legal challenges in other states.
The plaintiffs are considering an appeal. Currently, California dnps are barred from using “Dr.” in patient care settings or promotional materials implying medical services. The California Nurses Association declined to comment, and the American Nurses Association did not respond to requests for comment.
