ASA Applauds California Court's Decision Ensuring Accurate Use of 'Doctor' Title

CHICAGO – The American Society of Anesthesiologists (ASA) today applauds the U.S. District Court for the Central District of California’s decision that found California nurses with doctorate degrees do not have the right to call themselves doctors in health care settings.

“When making health care decisions, transparency is foundational to developing an honest and trusting relationship with patients,” said ASA President Donald E. Arnold, M.D., FACHE, FASA. “This is a big win for patients. Patients deserve to understand who is serving and treating them. Misleading health care titles are dishonest and confuse patients about the qualifications and education of the person providing their care, which could lead patients to make important health care decisions based on inaccurate information.”

The ruling noted that the use of “Dr.” by nonphysicians in clinical settings is inherently misleading commercial speech and is not protected by the First Amendment.

The Court found it reasonable to infer that some consumers will assume that nurses with doctorate degrees are licensed physicians or surgeons if they use “Dr.” or “doctor” in health care settings and in advertising materials promoting health care services.

This decision to protect patients and the public from nurses calling themselves doctors aligns with the common use of medical titles throughout the country. More than half of all states have language that prohibits false representations or places guidelines on nonphysician title use.

In recent years, ASA and its state component societies have worked to advance legislation and regulatory actions to protect patients from confusion over misappropriated medical titles and health care professional advertisements. Most recently, states including, West Virginia, Wisconsin, Tennessee, Georgia, Oregon, and Indiana have passed laws that prohibit some form of title misappropriation, including misuse of the “anesthesiologist” title by nonphysicians. The New Hampshire Supreme Court also agreed that medical titles, like “anesthesiologist,” should only be used by physicians when they sided with the New Hampshire Board of Medicine’s decision that “anyone in New Hampshire who identifies themselves as a nurse anesthesiologist or otherwise describes themselves using the term anesthesiologist in their professional title without a license from the Board of Medicine is holding oneself out as qualified to practice medicine when not qualified or licensed to do so, is in violation of [law].”

THE AMERICAN SOCIETY OF ANESTHESIOLOGISTS
Founded in 1905, the American Society of Anesthesiologists (ASA) is an educational, research and scientific society with more than 59,000 members organized to advance the medical practice of anesthesiology and secure its future. ASA is committed to ensuring anesthesiologists evaluate and supervise the medical care of all patients before, during and after surgery. ASA members also lead the care of critically ill patients in intensive care units, as well as treat pain in both acute and chronic settings.

For more information on the field of anesthesiology, visit the American Society of Anesthesiologists online at asahq.org. To learn more about how anesthesiologists help ensure patient safety, visit asahq.org/madeforthismoment. Follow ASA on Facebook, X, Instagram, Bluesky, and LinkedIn.

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