Facts

The People of the State of California brought an action against Sarah Erny, a registered nurse practitioner.

Erny earned a doctorate degree in nursing practice from Vanderbilt University. In 2018, Erny opened and began operating a business called "Holistic Women's Healing," in Arroyo Grande, wherein Erny provided medical services and products to patients. The business included an online digital presence advertising Erny's medical services and products.

PLAINTIFF'S CONTENTIONS: Plaintiff asserted claims for unfair business practices and violation of the False Advertising Law under the Business & Professions Code. Plaintiff contended that defendant, a registered nurse practicioner, was referring to herself as "Dr. Sarah Erny" to the public, which is prohibited under California law. Specifically, defendant had continuously maintained, operated, and controlled various online digital presences on social media accounts wherein she described herself as "Dr. Sarah" and "Dr. Sarah Erny" in a prominent manner. From October 2018 to March 2022, Dr. Anika Moore, an obstetrician-gynecologist, was defendant's supervising and collaborating physician. During the approximate three years of supervision by Dr. Moore, Dr. Moore's OBGYN medical practice was located outside San Luis Obispo County and outside the State of California. Dr. Moore would travel from out of state every two to three months for a weekend while defendant continued to see patients regularly. Plaintiff contended that most of defendant's patients were unaware of the supervisory and collaborative arrangement between defendant and Dr. Moore.

DEFENDANT'S CONTENTIONS: Defendant denied all contentions and asserted that after earning her doctorate as a nurse practitioner, her patients were so proud that they began calling her "Dr. Sarah." Defendant also claimed that her supervising physician told defendant that she needed to "own [her] degree" and had his staff call her "Dr. Sarah" in the office with patients.

Result

Under the settlement agreement, Erny agreed to an injunction and $19,750 in civil penalties.