"NP Must Pay $20K for Implying She Was a Doctor"

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Splenda88

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www.medpagetoday.com

NP Must Pay $20K for Implying She Was a Doctor

Sarah Erny, RN, NP, is also required to cease any claims of being a 'doctor' in providing care
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Dr. Anonymouss said:
www.gofundme.com

Legal Fees, organized by Sarah Erny

Hi my name is Sarah and I'm here to ask for help. Doing this makes me want to vomit because I don't ask for hel… Sarah Erny needs your support for Legal Fees
www.gofundme.com
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Not sure how much she said is true. But it's definitely true that in CA all those optometrists, psychologists, chiropractors and physical therapists call themselves doctors. Maybe it is time for the DA to go after all of them.. Maybe publicizing this case will serve as a warning shots to all those "medical" providers. Clearly the CMA and the DA should do everything to enforce the law now. too bad this law only regulates written materials so anyone can be "called" a doctor without getting into trouble.

www.slotelaw.com

When the Use of "M.D." or "Dr." in Correspondence or Advertising May Violate the Law in California. | Slote, Links & Boreman, PC

California Administrative Law Attorneys
www.slotelaw.com
 
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Dr. Anonymouss said:
I have unfortunately met a NP who introduced themselves as "Dr. So and so" and somehow they continued to get away with it at the hospital. Anyone who sees this as okay is delusional and is clearly disregarding how the public views the title Dr.
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DNP or just NP?
 
srirachamayonnaise said:
Not sure how much she said is true. But it's definitely true that in CA all those optometrists, psychologists, chiropractors and physical therapists call themselves doctors. Maybe it is time for the DA to go after all of them.. Maybe publicizing this case will serve as a warning shots to all those "medical" providers. Clearly the CMA and the DA should do everything to enforce the law now. too bad this law only regulates written materials so anyone can be "called" a doctor without getting into trouble.

www.slotelaw.com

When the Use of "M.D." or "Dr." in Correspondence or Advertising May Violate the Law in California. | Slote, Links & Boreman, PC

California Administrative Law Attorneys
www.slotelaw.com
Click to expand...
To be fair, whatever your opinion on those professions... they have a clinical doctorate in some regard. DNP is a fluff degree centered around managerial roles, I like to group it with a "masters in hospital management" esq degree.

And the majority of those you cannot complete your doctorate while working a full time job. If you can then you are not getting a doctorate (DNP).
 
The gofundme page says California medical association prohibits calling yourself a doctor unless you're a physician

Are there any other states that are like this?
 
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Prehealth1011 said:
The gofundme page says California medical association prohibits calling yourself a doctor unless you're a physician

Are there any other states that are like this?
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The CA Medical Association has no power to enforce that, nor does the medical board have that power over anyone who isn't under their jurisdiction.
 
Mad Jack said:
The statute is unrelated to nursing licensure. Only the nursing board can determine what merits being stripped of one's license
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Yes, that's right. But the statute makes it clear that violation of such is a misdemeanor which can jeopardize any licensure should the licensing body be notified. I am sure there's a clause in the nursing licensure procedure that states a member who committed a fraud will be subject to revocation of the license.
 
srirachamayonnaise said:
Yes, that's right. But the statute makes it clear that violation of such is a misdemeanor which can jeopardize any licensure should the licensing body be notified. I am sure there's a clause in the nursing licensure procedure that states a member who committed a fraud will be subject to revocation of the license.
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Nope. Board actions are entirely discretionary. There are no standard punishments for anything, and I find it highly doubtful some nurses would toss one of their own under this particular bus. They could, but they absolutely have no incentive to do so
 
Mad Jack said:
Nope. Board actions are entirely discretionary. There are no standard punishments for anything, and I find it highly doubtful some nurses would toss one of their own under this particular bus. They could, but they absolutely have no incentive to do so
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of course it is discretionary, but the point is not get someone de-licensed. The point is to enforce the law so that people would think twice before attaching the word Dr. to their names. tbh, the fact someone can get prosecuted is enough of a deterrence. On top of that, there is a likelihood one may lose their current license that just adds more deterrence. I really don't think she should be de-licensed in this case. It's enough punishment for her already. No point to take away her livelihood.
 
srirachamayonnaise said:
Linked in my first reply here. but here's the statute. California Business and Professions Code Section 2054

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Thanks. I was curious what the rules are about other doctoral-level healthcare practitioners in the state. Basically you can still call yourself "Doctor" but on anything written you have to include your degree if its anything other than MD/DO. So you can be "Dr. Podiatrist, DPM" when written (or be called "Dr. Podiatrist"), same with optometry (the only 2 I looked into).

Not sure if the same holds true of DNPs.
 
VA Hopeful Dr said:
Thanks. I was curious what the rules are about other doctoral-level healthcare practitioners in the state. Basically you can still call yourself "Doctor" but on anything written you have to include your degree if its anything other than MD/DO. So you can be "Dr. Podiatrist, DPM" when written (or be called "Dr. Podiatrist"), same with optometry (the only 2 I looked into).

Not sure if the same holds true of DNPs.
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my read of the statute is that you just can't use Dr. in writing at all unless you are an MD or DO. again, there's some ambiguities as usual in any code. I think the intent of the law is not to allow anyone to practice medicine without a license. I think in an DNP situation, if one specifies that one can provide care under the supervision of a physician, maybe using the word "doctor" may not be actionable. In her case, I don't think she mentioned that her capacity comes with a limitation of being supervised.

In criminal law, anything that is actionable by the state most likely has to satisfy both mens rea and actus reus with the exception of statutory rape and the like. So the truth is that if she had gone on trial, she would probably not get convicted because the DA could not possibly prove that she intended to defraud the public since she made it clear that she told everyone she was a DPN. So that's too much legalese.
 
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srirachamayonnaise said:
my read of the statute is that you just can't use Dr. in writing at all unless you are an MD or DO. again, there's some ambiguities as usual in any code. I think the intent of the law is not to allow anyone to practice medicine without a license. I think in an DNP situation, if one specifies that one can provide care under the supervision of a physician, maybe using the word "doctor" may not be actionable. In her case, I don't think she mentioned that her capacity comes with a limitation of being supervised.

In criminal law, anything that is actionable by the state most likely has to satisfy both mens rea and actus reus with the exception of statutory rape and the like. So the truth is that if she had gone on trial, she would probably not get convicted because the DA could not possibly prove that she intended to defraud the public since she made it clear that she told everyone she was a DPN. So that's too much legalese.
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You have to go to the laws governing other professions to see what other groups are allowed to do.
 
srirachamayonnaise said:
of course it is discretionary, but the point is not get someone de-licensed. The point is to enforce the law so that people would think twice before attaching the word Dr. to their names. tbh, the fact someone can get prosecuted is enough of a deterrence. On top of that, there is a likelihood one may lose their current license that just adds more deterrence. I really don't think she should be de-licensed in this case. It's enough punishment for her already. No point to take away her livelihood.
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Boards exist to protect professions first, generally, and the public second. They use the latter as a thin veneer for the former. It isn't in their interest to make anything out of this since no one is hurt and they probably have people advocating for exactly what was done on the board itself
 
I have been following this case since I am in California and recently left an NP program to pursue medicine. There is a lot of change going on in California in regard to independent practice for APRNs (just search California AB890 and you will see). The CANP and CMA are butting heads BIG TIME right now and (this is just my own speculation) I think that has something to do with this case moving forward.

I'm not sure if she didn't explicitly specify that she was an APRN or if she falsely claimed she was an MD. So many articles claim several different things, and it's hard to get the real picture.

Long story short...I'm not pursuing NP anymore. The legality and the intricacies of involving the supervising physician, proving hours of practice, the disparities of practice between states....it isn't worth the headache. I'd rather just go to medical school and ensure that I am fully capable of treating my patients.

I truly hope she wasn't trying to impersonate a physician. If she was, I hope she gets the punishment she deserves.
 
I think the worst part is, she was doing bogus medicine on top of all this. She was a "funcitonal (bull****) medicine specialist). Over 1600 rxs for schedule 3 or 4 drugs? Im a psychiatrist and treat ADHD and my number of controlled rxs, at a similiar patient load to her, is not near what she wrote. 20k is a joke, she should never be able to see a patient again. Shes using another doctors license to be a pill mill. And she actually started a gofund me and collected over 26k???!!! Laughable
 
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