Earlier this year, a federal court delivered a clear victory for patient safety and transparency by rejecting an attempt to overturn California’s Truth-in-Advertising law. California has a statute, which prohibits the use of the title “doctor” in a health care setting by anyone other than licensed physicians. The law has been attacked many times, but it has stood the test of time.
In California, only licensed physicians may use the term doctor.
What is a Physician?
California’s 90-year-old statute is designed to prevent patients from being misled into believing a practitioner is a physician when they are not. Physicians have more extensive training than any other health care professional. When non-physicians use the term doctor, a patient is led to believe they have equivalent training, but this is not the case.
The latest assault on California’s Business and Professions Code BPC § 2054 came from three nurses, who wanted to call themselves doctor by nature of their “doctor of nursing practice” degrees.
Truth-in-Advertising Under Attack – Palmer v. Bonta
The three nurse practitioners (NPs) argued that the California Truth-in-Advertising law violated their First Amendment rights. On September 19, 2025, U.S. District Judge Jesus G. Bernal rejected their claim. He ruled that the use of “Dr.” or “doctor” by non-physicians in clinical context is misleading commercial speech, and not protected speech under the Constitution of the United States of America.
Even the plaintiffs acknowledged that patients often assume “doctor” means physician. Judge Bernal stated, “The record indicates that Plaintiffs’ particular form or method of advertising has in fact been deceptive, and thus the speech enjoys no First Amendment protection.”
What Does the Law Require?
Healthcare providers are required to clearly state their licensure (e.g. MD, DO, RN, PA, NP) alongside their title in all marketing and patient communication to comply with the law. The intended goal is that patients can understand that “Doctor” in California’s clinical setting means an MD or DO. You should ask about a provider’s specific license and training if you’re unsure. These can also be confirmed on the California Medical Board’s website.
What is a Plastic Surgeon?
Similar laws apply to the use of the terms Plastic Surgeon and Cosmetic Surgeon. California’s truth-in-advertising laws for “plastic surgeons” aims to prevent consumer deception by requiring doctors advertising “plastic surgery” and “cosmetic surgery” procedures to be legitimately board-certified in plastic surgery (by ABMS-recognized boards like the American Board of Plastic Surgery). The law specifically bans misleading terms like “cosmetic surgery” for those not trained in plastic surgery, though it’s still legal for any licensed MD to practice it, creating a key distinction and focus for truth-in-advertising laws. Key rules include no guarantees, no altered before/after photos, no showing another doctor’s results, labelling models when they may be confused with patient outcomes, and accurately stating credentials.
White Coat Deception
All the above are to help combat “white coat deception” and protect patients from unqualified providers. If a provider states they are “Board Certified” they must also include the ABMS Board which has certified them. Non-ABMS Boards, such as the American Board of Cosmetic Surgery (ABCS), have been deemed not equivalent, and cannot be used for advertising in California. No “Cosmetic Surgery” representations can be made, although the ABCS still states on their website that they are the specialist and Plastic Surgeons are generalists because we also do hand surgery, reconstructive surgery, trauma surgery, congenital defect repair and a class they call “disorders”. Seems misleading.
Plastic Surgery Consultations
If you are considering Plastic Surgery, especially Cosmetic Plastic Surgery, be certain you consult with a Board Certified Plastic Surgeon. As a Board Certified Plastic Surgeon and Board Certified General Surgeon, I appreciate the amount of time and effort it takes to maintain certification.
In the San Francisco Bay Area, call (925) 943-6353 today to schedule a private consultation appointment in our comfortable East Bay Area Walnut Creek Plastic Surgery Clinic.
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