Now, her supervising physician Anika Moore, MD, has been fined $25,000 as well, demonstrating that physicians have some liability over the advanced practice nurses they supervise.
Dr. Moore agreed to pay the penalty but has admitted no fault related to allegations of unlawful supervision of Dr. Erny, according to the report.
Last year, Dr. Erny, along with a group of California DNPs, sued the state alleging that prohibiting them from calling themselves “doctor” restricts their right to free speech.
California requires physicians and nurse practitioners in collaborative agreements to follow roles and prescribing privileges as outlined in a written agreement. Supervising physicians should routinely review the terms of the agreement and the nurse’s performance and skills.
According to court documents, Dr. Moore lived in Massachusetts in 2018 when she entered into her agreement with Dr. Erny. She was not compensated for her role but claims she made herself available to Dr. Erny for any questions.
An investigation by the California Department of Consumer Affairs and the San Luis Obispo County District Attorney’s Office alleges that Dr. Moore never reviewed any medical records of Dr. Erny’s patients.
Without Dr. Moore’s knowledge, Dr. Erny opened an independent medical practice where she prescribed controlled substances like testosterone.
Dr. Moore believed Dr. Erny was practicing in a clinical setting with other physicians, according to court documents. The two terminated their collaborative agreement in March 2021.
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