Skip to content

District Legal professional Dan Dow Publicizes Settlement with Arroyo Grande Nurse for Unlawfully Promoting H

District Legal professional Publicizes Civil Settlement with Nurse Practitioner for Unlawfully Promoting Herself as “Physician”

Writer: District Legal professional

Date: 11/14/2022 12:20:46 PM

Native nurse practitioner, Sarah Erny, agrees to an injunction and $19,750 in civil penalties for violating the Enterprise and Professions Code by inferring she was a medical physician to the general public.

District Legal professional Dan Dow introduced at this time that the District Legal professional’s Workplace Particular Prosecution Unit has reached a settlement with an area nurse practitioner who referred to herself on her skilled web site and social media accounts as “Physician Sarah.”

Sarah Erny, RN, NP, earned a doctorate diploma in nursing follow. Shortly thereafter, she started selling herself as “Physician Sarah Erny.” From October 2018 till March 2022, Ms. Erny hosted an expert web site and was energetic on numerous social media accounts whereby she recognized herself as “Dr. Sarah Erny.” Whereas in most situations Ms. Erny indicated that she was a nurse practitioner, she did not advise the general public that she was not a medical physician and did not establish her supervising doctor. Including to the shortage of readability attributable to referring to herself as “Dr. Sarah,” on-line search outcomes would record “Dr. Sarah Erny, ”with none point out of Ms. Erny’s nurse standing of her.

California’s Enterprise and Professions Code prohibits all however a choose few well being care professionals from calling themselves “physician” or “doctor.” As for specifically educated registered nurses, corresponding to nurse practitioners, California regulation permits titles corresponding to “Licensed Nurse Practitioner,” and “Superior Follow Registered Nurse.” The courts have held that the aim for limiting the usage of titles inside the well being care subject is to guard the general public by making certain each well being care supplier correctly represents themselves of their true capability by an acceptable title. Merely put, there’s a nice want for well being care suppliers to state their stage of coaching and licensing clearly and actually in all of their promoting and advertising and marketing supplies.

Current nationwide surveys point out that the general public is confused as to who’s and who shouldn’t be a medical physician. Funded by the American Medical Affiliation, and reported within the “Fact in Promoting Marketing campaign,” the surveys point out that 39% of respondents incorrectly recognized a Physician of Nursing Follow as a medical physician and 19% incorrectly believed a Nurse Practitioner was a doctor. That is to say there’s a nice want for well being care suppliers to state their stage of coaching and licensing clearly and actually in all of their promoting and advertising and marketing supplies.

“We would like all well being care professionals to obviously show their schooling and licensure in order that sufferers know who’s offering their care,” mentioned District Legal professional Dan Dow. “All types of skilled medical companies promoting, together with web sites and social media accounts, should be freed from misleading or deceptive data and should clearly establish the skilled license held by the advertiser. Offering sufferers upfront with the right title of our well being care professionals aids customers in making a extra knowledgeable resolution about their well being care.”

The civil judgment requires Ms. Erny to pay civil penalties totaling $19,750 and to chorus from referring to herself as “physician” in her position of offering medical therapy to the general public. It additionally requires Ms. Erny to establish and make cheap efforts to appropriate data on web websites referring to her as “physician” or “Dr.”

This case was investigated by the Division of Client Affairs, Well being High quality Investigation Unit and the San Luis Obispo County District Legal professional Bureau of Investigation and prosecuted by Deputy District Legal professional Kenneth Jorgensen assigned to the District Legal professional’s Client and Environmental Safety Unit.

Click on right here for a duplicate of the civil grievance and the stipulated remaining judgment.

Our client safety group is dedicated to defending the general public from illegal, unfair, and fraudulent or misleading enterprise practices. Client safety circumstances might be pursued in both prison or civil court docket. Examples of such circumstances embrace contractor’s fraud, false or deceptive promoting, and “bait and change” scams. The unit additionally goals to extend public consciousness of client points by way of displays to native teams when known as upon.

For extra details about the buyer safety legal guidelines or to report suspected violations contact the California Division of Client Affairs Client Help Line toll-free at (800) 952-5210 or go to their web site at Listening to-impaired individuals might name TTY (800) 326-229.

To report a client grievance on to the San Luis Obispo County District Legal professional’s Workplace, you might submit a grievance kind, discovered right here:


Please contact Assistant District Legal professional Eric J. Dobroth at 805.781.5819 with any questions.

# # #

Leave a Reply

Your email address will not be published. Required fields are marked *