Should nurses with doctorates be called doctor? Lawsuit targets Calif. rule. (2024)

After 14 years in the classroom earning several degrees, Jacqueline Palmer wants to call herself a doctor.

The Lancaster, Calif., nurse practitioner earned a doctorate of nursing practice, the highest degree available in her field, from Chamberlain University. Until last year, Palmer introduced herself as a doctor to her patients, signed her name with “Dr.” and had the prefix embroidered in purple before her name on her clinician’s jacket.

Then Palmer learned that might have been enough to sink her career. In November, prosecutors announced that Sarah Erny, another California nurse practitioner with a doctorate, would pay almost $20,000 in a civil settlement for allegedly describing herself as a doctor on professional websites and social media.

“I was shocked,” Palmer told The Washington Post.

Under California law, only physicians and surgeons can use the word “doctor” or the prefix “Dr.” In announcing Erny’s penalty, prosecutors said enforcing the restriction is necessary to protect the public from being misled.

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Palmer described her nursing degree and clarified that she was not a physician whenever she introduced herself as a doctor, and her patients understood, she said. But the steep punishment Erny faced rattled her — and she felt she shouldn’t face legal jeopardy for describing a qualification she had earned.

So last month, Palmer and two other nurses with doctorates of nursing practice sued the California attorney general and leaders of the Medical Board of California and California Board of Registered Nursing, arguing that they have a right to call themselves doctors. The lawsuit seeks to permanently prevent the state from enforcing the law.

“It’s not an ego trip; it’s not a power trip,” Palmer said. “It’s just validation that I worked hard to get where I am today.”

An attorney representing the state officials did not immediately respond to a request for comment.

Nurse practitioners — registered nurses who have completed a master’s degree and additional training — are distinct from physicians, who go through medical school and have a wider scope of practice. Both may diagnose conditions and act as primary care providers, though in some states, including California, nurse practitioners must be supervised by a physician.

Several states regulate the use of the “doctor” title, but California’s law is the strictest in the country, said Donna Matias, the attorney representing Palmer and her co-plaintiffs. It restricts any person from using the word “doctor” or the prefix “Dr.” in signs or advertisem*nts without having a valid certificate as a physician or surgeon.

“If you read the law literally, it appears to prohibit even PhDs and university professors from using the title,” Matias said.

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In practice, enforcement of the restriction to such a severe extent is rare, Matias said. But she said the crackdown on Erny, which stemmed from an anonymous complaint, set a chilling precedent.

Prosecutors alleged that Erny, who holds a doctorate of nursing practice, operated a health-care business with a supervising physician and referred to herself as “Dr. Sarah Erny” on social media.

Erny, who did not immediately respond to a request for comment, was fined $2,500 by the state’s medical board, on top of the legal settlement, according to Palmer’s lawsuit. In an online fundraiser, Erny denied presenting herself as a physician and said she closed her clinic after state authorities began investigating her.

Palmer said she does not want to face a similar investigation. She was so nervous after hearing news of Erny’s punishment that she said she urged her patients to stop calling her “doctor,” over their protests.

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“They all have said that they know that I worked hard for it,” Palmer said. “… They know that I’m a nurse practitioner; there was no misconception.”

Palmer and Matias said that other types of health-care professionals who hold doctorates, like chiropractors or dentists, commonly describe themselves as doctors — and should be able to. For her, the title reflects the time and effort she invested to pursue her degree and the greater expertise she has gained from it.

“The word ‘doctor’ doesn’t belong to physicians,” she said. “We need to educate everybody. … Patients are very intelligent. They can understand the difference.”

Should nurses with doctorates be called doctor? Lawsuit targets Calif. rule. (2024)

FAQs

Should nurses with doctorates be called doctor lawsuits target California rule? ›

The nurse practitioners claim a California statute that only allows California-licensed allopathic and osteopathic physicians to use the terms “doctor” and “Dr.” is unconstitutional.

Should nurses with a doctorate be called doctors? ›

So, the short answer is yes – in general, a DNP nurse may be referred to as "doctor," however, some states have regulations surrounding this. For example, California and Georgia forbid nurses, pharmacists, and other professionals from using the "doctor" title.

Can a PhD be called a doctor in California? ›

Two states — California and Georgia — have banned the use of "doctor" for advanced practitioners who earned a doctorate degree.

Can DNP call themselves doctor in California? ›

California law states that only graduates of medical school and those with a license to practice medicine are legally permitted to use “doctor” or “physician”' and the prefix “Dr.” or initials “M.D.” Anyone who does not fit these qualifications and uses these terms in a sign, business card, letterhead, or advertisem*nt ...

Should PhD be called a doctor? ›

A doctoral degree (PhD) is a degree that one earns after a master's degree. A PhD entitles a person to use the title doctor.

What is the DNP doctor lawsuit? ›

In November of 2022, California Nurse Practitioner Sarah Erny, DNP, was fined a total of $22,500 by both the State of California and the State Medical Association for describing herself as a doctor on several professional online platforms without also including that she was a nurse, not a physician.

How much does a DNP make in California? ›

As of May 29, 2024, the average annual pay for a Dnp in California is $121,098 a year. Just in case you need a simple salary calculator, that works out to be approximately $58.22 an hour. This is the equivalent of $2,328/week or $10,091/month.

When to use your Dr. title? ›

People who have earned a Ph. D. or any other academic, nonmedical doctoral degree have the choice of whether to use "Dr." both professionally and socially. If, when meeting people with doctorates, you're unsure how to address them, "Dr." is always correct. If they'd rather the title be dropped, they will let you know.

Can a CRNA call themselves a doctor? ›

Under California law, only physicians and surgeons can use the word “doctor” or the prefix “Dr.” In announcing Erny's penalty, prosecutors said enforcing the restriction is necessary to protect the public from being misled.

Can I call myself Dr if I have a PhD? ›

The tradition in America is that a PhD uses the title of Doctor when he or she is engaged in professional work, but not socially. I am Dr. Martin when teaching, conducting research or doing administrative work at my university.

Is A PhD considered a medical doctor? ›

What is the difference between a MD and a PhD? Both are Doctoral Degrees, and someone with either degree can be referred to as a doctor. But for clarity, MDs are awarded to those with expertise in practicing medicine and are therefore more likely to be found in clinical environments.

What is a PhD also known as a doctorate degree? ›

A PhD, or Doctor of Philosophy, is a specific type of doctorate degree that focuses on research in a particular field. It is highly theoretical and involves extensive research to generate new knowledge.

Should nurses with PhDs be called doctors? ›

In an academic setting, they could appropriately ask to be called “Doctor.” But, to call themselves “Doctor” in a clinical setting misleads the patient and perpetrates a fraud which defies their patient's trust.

What is the DNP controversy? ›

Charges Against the DNP

Ms E was charged with violating California's Business & Professions Code because of unfair business practices and false advertising. The complaint alleged that she described herself as Dr Sarah with third-party digital health care platforms such as Healthgrades and Sharecare.

Are you a doctor if you are a DNP? ›

DNPs are doctors, but are usually not called that in clinical settings to prevent confusion with MDs (medical doctors). It may be more common for DNPs, or nurse PhDs, who teach in academia to be referred to as doctors, in the same way that non-medical professors can be called doctors of their field.

Who can call themselves doctor in federal lawsuit challenges California's restrictions? ›

D's (Doctorate of Nursing) sued to invalidate California Business and Professions Code section 2054. They claimed it infringed on their 1st Amendment rights. B&P section 2054 states that anyone using the terms “doctor”, “physician” or “Dr.” or “M.D.” cannot do so unless they are a currently licensed physician.

Which 4 elements must be present for a malpractice claim to be proved against a nurse in a court of law? ›

To do so, four legal elements must be proven: (1) a professional duty owed to the patient; (2) breach of such duty; (3) injury caused by the breach; and (4) resulting damages. Money damages, if awarded, typically take into account both actual economic loss and noneconomic loss, such as pain and suffering.

What are the six major categories of negligence resulting in malpractice suits against nurses? ›

However, there are enough general commonalities among nursing malpractice claims to group them into categories. The categories are generally defined by the particular type of nursing negligence alleged: (1) communication; (2) drug errors; (3) intervention; (4) assessment; (5) doctor care; and (6) environmental safety.

What is a significant action a nurse can take to prevent being named in malpractice suits? ›

Follow facility policies and procedures.

Be familiar with the policies and procedures of the facility where you work. If they're sound and you follow them carefully, they can protect you against a malpractice claim.

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