What's in a Name? A Legal Review of Title Protection Laws Pertaining to "Doctor" and "Dermatologist" in the United States.

Abstract

Background: As new roles in health care appear and existing roles grow, there is concern that nonphysicians may appropriate physician titles. Protecting titles is essential to ensuring that patients understand the qualifications and training of their health care providers.

Objective: The purpose of this review was to evaluate the existing state laws as they apply to the protected and prohibited use of physician specialist titles and "doctor" in a clinical setting.

Materials and methods: Existing state laws, the Westlaw legal database, and BillTrack50 were examined for existing laws, court cases, and proposed legislation regarding the use of "physician," "surgeon," "dermatologist," and "doctor."

Results: General physician titles and suffixes, such as "M.D.," "D.O.," "physician," and "surgeon," are broadly protected throughout a majority of the United States. Unlike general physician titles, specialist titles, including "dermatologist," are only protected in 3 states and Washington, DC. Most states allow for the broad use of "doctor" by nonphysicians in clinical settings but require explicit clarification of the practitioner's doctoral field.

Conclusion: While general physician titles are protected in almost all states, specialist titles, such as "dermatologist," are protected in exceptionally few. There are ongoing efforts by state legislatures to update laws and enact protection for specialist titles.