Existing law, the Medical Practice Act, establishes the Medical Board of California within the Department of Consumer Affairs and sets forth its powers and duties relating to the licensure and regulation of physicians and surgeons.

Existing law prohibits a person from using the words doctor or physician, the letters or prefix Dr., the initials M.D., or any other terms or letters indicating or implying that the person is a physician and surgeon, physician, surgeon, or practitioner, unless the person has been issued a physicians and surgeons certificate by the board, and makes a violation of these provisions a crime.

This bill would specifically prohibit a person who has earned a Master of Divinity from displaying the title MDiv or M.D.i.v. in a communication or advertisement relating to the persons practice unless the title is clearly distinguishable from the title MD or M.D. The bill would provide that prohibited displays include, but are not limited to, using different colors, fonts, or font sizes in a way that makes the MD or M.D. more prominent than the iv or i.v. The bill would provide that a person who violates this provision is not subject to criminal penalties, as specified.

Date of Hearing: May 21, 2025

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Buffy Wicks, Chair

ABPCA Bill Id:AB 659

Author:(Berman) – As Introduced Ver:February 14, 2025

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill clarifies that a person who has earned a Master of Divinity degree but not a medical degree may not display the title “MDiv” or “M.D.i.v.” in relation to the person’s practice unless the title is clearly distinguishable from the title “MD” or “M.D.”

FISCAL EFFECT:

Cost pressures of an unknown but potentially significant amount to the courts to adjudicate actions to enforce violations of the bill’s prohibition on displaying a title that is not clearly distinguishable from the title “MD” or “M.D” (Trial Court Trust Fund, General Fund). Actual costs will depend on the number of cases filed and the amount of court time needed to resolve each case. It generally costs approximately $1,000 to operate a courtroom for one hour. Although courts are not funded on the basis of workload, increased pressure on the Trial Court Trust Fund may create a demand for increased funding for courts from the General Fund. The fiscal year 2024-25 state budget provides $37.3 million ongoing General Fund to backfill declining revenue to the Trial Court Trust Fund.

COMMENTS:

Prior Legislation. SB 1451 (Ashby), Chapter 481, Statutes of 2024, among numerous other things, added “D.O.” to the prohibition against the use of “Dr.” and “M.D.” and prohibited the use of terms or letters in a healthcare setting that would lead a reasonable patient to determine that the person is a licensed “M.D.” or “D.O” (doctor of osteopathic medicine).

AB 765 (Wood), of the 2023-24 Legislative Session, would have enacted the California Patient Protection, Safety, Disclosure, and Transparency Act, prohibiting a person who is not licensed as a physician to use any medical specialty title, or any titles, terms, letters, words, abbreviations, description of services, designations, or insignia indicating or implying that the person is licensed to practice under the Medical Practice Act. AB 765 was held in this committee.

AB 1654 (Low), of the 2023-24 Legislative Session, was identical to this bill. AB 1564 died pending a hearing in this committee.

Analysis Prepared by: Allegra Kim / APPR. / (916) 319-2081

Date of Hearing:

ASSEMBLY COMMITTEE ON BUSINESS AND PROFESSIONS

Marc Berman, Chair

ABPCA Bill Id:AB 659

Author:(Berman) – As Introduced Ver:February 14, 2025

SUBJECT: Master of Divinity: physician and surgeon: title.

SUMMARY: Clarifies that a person who has earned a Master of Divinity degree but not a medical degree may not display titles highlighting the title “MD” or “M.D.” in a way that makes it unclear that the title is an “MDiv” or “M.D.i.v.”

EXISTING LAW:

1. Regulates the practice of medicine under the Medical Practice Act and the Osteopathic Act. (BPC §§ 2460-2499.8; Osteopathic Act, California Proposition 20 (1922))
2. Establishes the Medical Board of California and the Osteopathic Medical Board of California to administer and enforce the acts. (BPC §§ 2001, 2450)
3. Prohibits the practice of medicine, including using drugs or devices, severing or penetrating tissue, or using any other method in the treatment of diseases, injuries, deformities, or other physical and mental conditions without a physician and surgeon or osteopathic physician and surgeon license, unless authorized by a license granted under some other law. (BPC §§ 2051, 2052, 2453)
4. Makes it a misdemeanor to use in an advertisement, such as a business card, the words “doctor” or “physician,” the letters or prefix “Dr.,” the initials “M.D.,” “D.O.,” or any other terms or letters indicating or implying that the user is a physician and surgeon, physician, surgeon, or practitioner, or that the user is entitled to practice medicine, or to represent or hold themselves out as a physician and surgeon, physician, surgeon, or practitioner under the terms of any other law, without being a licensed physician and surgeon. (BPC § 2054)

THIS BILL:

1. Prohibits a person who has earned a Master of Divinity from displaying the title “MDiv” or “M.D.i.v.” in a communication or advertisement relating to the person’s practice unless the title is clearly distinguishable from the title “MD” or “M.D.”
2. Specifies that prohibited displays include, but are not limited to, using different colors, fonts, or font sizes in a way that makes the “MD” or “M.D.” more prominent than the “iv” or “i.v.”
3. Provides that a person who violates the provisions of this bill will not be subject to the misdemeanor criminal penalties in the Medical Practice Act.

FISCAL EFFECT: Unknown. This bill is keyed fiscal by the Legislative Counsel.

COMMENTS:

Purpose. This bill is sponsored by the author. According to the author, “This bill simply clarifies that a professional who is not a physician but holds a Master of Divinity degree, which is abbreviated as MDiv, may not make the “MD” overly prominent or obscure the “iv” in a way that makes it look like an MD.”

Background. Existing law prohibits the use of the letters MD, an abbreviation for a medical degree, in advertisements, such as window signs or business cards, in a way that may mislead consumers into believing the user is a physician if the user is not licensed as a physician. This bill clarifies that this prohibition applies even when the MD is a legitimate part of another type of degree, specifically the Master of Divinity Degree. A Master of Divinity is a degree that is focused on theological or religious subject areas and offered by institutions operated by religious organizations.

Prior Related Legislation. SB 1451 (Ashby), Chapter 481, Statutes of 2024, among numerous other things, added “D.O.” to the prohibition against the use of “Dr.” and “M.D.” and prohibited the use of terms or letters in a healthcare setting that would lead a reasonable patient to determine that the person is a licensed “M.D.” or “D.O.”

AB 765 (Wood) of 2023 would have enacted the California Patient Protection, Safety, Disclosure, and Transparency Act, prohibiting a person who is not licensed as a physician and surgeon to use any medical specialty title, as specified, or any titles, terms, letters, words, abbreviations, description of services, designations, or insignia indicating or implying that the person is licensed to practice under the Medical Practice Act.

AB 1564 (Low) of 2023 was identical to this bill. AB 1564 died pending a hearing in the Assembly Appropriations Committee.

REGISTERED SUPPORT:

There is no support on file.

REGISTERED OPPOSITION:

There is no opposition on file.

Analysis Prepared by: Vincent Chee / B. & P. / (916) 319-3301