The California Medical Association (CMA) and the American Medical Association (AMA) have filed a joint amicus curiae brief in Palmer v. Bonta defending California’s long-standing Truth in Advertising law that prohibits the use of the title  “doctor” or the prefix “Dr.” in a health care setting by anyone other than California-licensed allopathic (M.D.) or osteopathic (D.O.) physicians.  

This case arises from a lawsuit by three nurse practitioners holding “Doctorate of Nursing” degrees who want to refer to themselves as “doctors” when treating patients. Their lawsuit seeks to invalidate California Business and Professions Code section 2054, arguing that the statute violates their First Amendment speech rights. The nurses claim they are not misleading patients because they use “doctor” and the title “Dr.” in conjunction with their nursing degrees. They admit such usage is not permitted under the law in patient-facing settings. Last month, both sides in the case filed motions for summary judgement. (A petition or motion for summary judgment is a request for the judge to decide a case without a full trial, arguing that there are no genuine disputes of material fact.)

CMA and AMA filed a joint brief, in support of the state’s motion for summary judgment, emphasizing that courts have repeatedly found a legitimate government interest in preventing misleading advertising or misrepresentation in health care settings. California’s 88-year-old statutory rule designed to protect Californians who interface with the health care delivery system helps ensure that patients are not misled into thinking a practitioner is a licensed physician when they are not.

Physicians are educated and trained differently and more deeply and robustly than any other professional health care practitioner; and industry practice and the law continue to place physicians at the center of medical care. 

 “The rigorous requirements for physician education and training aim to not just create practitioners to handle routine issues, but leaders in modern health care who are able to coordinate health care teams and solve complex medical issues, identify critical diagnoses, and render timely treatment decisions,” the brief said. 

A misrepresentation of a practitioner’s level of licensing can jeopardize patient safety as a patient may mistakenly believe that the midlevel practitioner possesses the same level of training and qualification as physicians licensed by a California medical board. 

Patients have a right to clear, honest information about who is providing their care. Yet in today’s health care settings, it’s becoming harder for patients to distinguish between who is — and who isn’t — a physician.

The Truth in Advertising laws exist to protect patients, helping ensure they aren’t mistakenly led to believe they’re being treated by a physician when they’re not. To safeguard patient trust and promote informed decision-making, it’s essential we uphold these laws and continue prioritizing transparency in health care.