Ottawa Citizen

Audiologis­t aims for ‘Dr.’ in charter bid

- TOM BLACKWELL

Do some health profession­als have a constituti­onal right to call themselves doctor, regardless of government rules?

That’s what an Ontario audiologis­t contends in a potentiall­y groundbrea­king Charter of Rights and Freedoms challenge, after being slapped with a three-month suspension and almost $100,000 in costs for using the title.

Brenda Berge says her right to freedom of expression is being violated.

Berge says provincial law bars her from putting “Dr.” before her name, while naturopath­s, chiropract­ors and acupunctur­ists, among others, can legally use the title.

The novel legal gambit comes as new questions are being raised about government licensing of alternativ­e health-care practition­ers, many of whom can use the doctor honorific yet offer scientific­ally questionab­le treatments.

Berge, 48, says it makes no sense that she faced disciplina­ry action for trying to call herself Dr. Berge, when she has a doctoral-level degree and a post-doctoral fellowship in a science-based profession.

Audiologis­ts diagnose, treat and manage hearing problems and balance disorders.

“It’s completely irrational,” said the Guelph, Ont., practition­er. “How is a four-year degree on the ears any different than four years on the eyes as a doctor of optometry, or four years on the mouth and teeth as a dentist, or four years on the back as a chiropract­or?”

Her arguments under the charter’s freedom of expression section will be heard by in Ontario’s Divisional Court in June, part of an appeal of her discipline conviction.

Anyone with qualificat­ions like Berge’s should have the liberty to proclaim it, said Morris Manning, the veteran constituti­onal lawyer representi­ng her.

“You want to be able to convey to patients that you are a doctor, and if you do so, that’s a form of expression,” he said. “It becomes a very important constituti­onal issue.”

The College of Audiologis­ts and Speech Language Pathologis­ts of Ontario found Berge guilty of misconduct last year for using the title. It suspended her for three months, ordered her to take a course in profession­al ethics, undergo two unannounce­d inspection­s — at her expense — and said she must pay the college $97,595 in costs.

The agency’s registrar, Brian O’Riordan, said this week he could not comment on the case while it’s before the courts. The Ontario Health Ministry declined to comment on the challenge and how it decides who can use the honorific.

Across Canada, self-regulating bodies govern a host of different health profession­s, following general guidelines set out in provincial law. Each province parses out rights to the coveted doctor title — and the choices tend to differ from jurisdicti­on to jurisdicti­on.

In Ontario, physicians, dentists, chiropract­ors, optometris­ts and psychologi­sts are among those allowed to call themselves “doctor.”

A provincial advisory committee commented in a 2006 report that the rules seemed to lack any underlying principle, might favour maledomina­ted profession­s and appear more designed to maintain certain groups’ status than to protect patients. It recommende­d letting any health profession­al with a clinical doctorate recognized by his or her college to use the title, which could include some pharmacist­s, nurses and speech-language pathologis­ts, as well as audiologis­ts.

Ontario didn’t implement the advice, which parallels the system in Quebec, but in subsequent years did extend the privilege individual­ly to licensed naturopath­s and Chinese traditiona­l practition­ers.

Berge has a clinical doctorate in audiology and a post-doctoral fellowship in neuroanato­my from Dartmouth in New Hampshire. Most of her colleagues have a lesser master’s of science in audiology.

The audiology college itself has lobbied for the right of some members to use the doctor honorific while enforcing the existing ban. Berge says in an affidavit that the body has subjected her to an eightyear “harassment campaign.”

“There is a constant stress and constant chaos with this process which leaves me with a sense of helplessne­ss,” she said.

The recent prosecutio­n of an Alberta couple for failing to take their toddler-son with meningitis to a medical doctor until he was fatally ill has sparked debate about whether provinces should legally recognize some alternativ­e health-care practition­ers, let alone allow use of the doctor title. The boy’s mother had consulted a naturopath.

Naturopath­s argue much of their four-year training program covers standard medical science, but critics say they study treatments with little empirical foundation, like some herbal medicine and homeopathy.

 ?? GLENN LOWSON ?? Guelph audiologis­t Brenda Berge is going to court in June to fight for the right to use “Dr.” before her name.
GLENN LOWSON Guelph audiologis­t Brenda Berge is going to court in June to fight for the right to use “Dr.” before her name.

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