Legal Trademark War Erupts Over “Anesthesiologist” Title Between Anesthesiologists & CRNAs

The field of anesthesia care has become embroiled in a contentious legal battle over professional titles and trademarks. The American Society of Anesthesiologists (ASA) has filed a complaint against the American Association of Nurse Anesthesiology (AANA), challenging the latter's use of the term "nurse anesthesiologist" in its recently adopted name. 

ASA Challenges AANA's Rebranding Efforts

In June, the ASA took formal action by filing a complaint with the U.S. Trademark Trial and Appeal Board. The primary objective of this legal maneuver is to prevent the AANA from registering a trademark for its new organizational title. At the heart of the ASA's argument is the claim that the AANA's use of the word "nurse anesthesiologist" is "deceptively misdescriptive".

The ASA contends that incorporating "nurse anesthesiologist" into the AANA's name could potentially mislead the public about the distinctions between anesthesiologists, who are medical doctors, and nurse anesthetists, who are advanced practice registered nurses. This concern stems from the belief that patients and the general public may not fully understand the differences in education, training, and scope of practice between these two groups of professionals.

Historical Context of the Anesthesia Profession

To fully understand this trademark dispute, it's essential to understand the historical context of the anesthesia profession. Anesthesiology, as a medical specialty, has evolved significantly over the past century. CRNAs and anesthesiologists play vital roles in maintaining patient safety and delivering top-notch anesthesia care.

But what exactly sets a nurse anesthetist apart from an anesthesiologist? At the most basic level, CRNAs are advanced practice nurses, while anesthesiologists are physicians. However, some differences in their responsibilities, education, and training further distinguish these two equally important roles.

• A Certified Registered Nurse Anesthetist (CRNA) must undergo 7 to 8.5 years of extensive education and training in both nursing and anesthesiology. They are required to pass a National Certification Examination and obtain an average of 9,369 clinical ​hours of training prior to becoming a CRNA. As an advanced practice provider, CRNAs administer every type of anesthesia in any healthcare setting, including pain management for acute or chronic pain. To ensure they stay up to date with regulations and technology, CRNAs must get recertified every 4 years and complete a rigorous Continued Professional Certification exam every 8 years. Starting in 2025 CRNAs are required to possess a Doctoral ​Degree from a COA-accredited nurse ​anesthesia educational program.
• Physician anesthesiologists undergo extensive medical training, including four years of medical school followed by a four-year residency program in anesthesiology. Many also pursue additional fellowship training in subspecialties such as cardiac, pediatric, or pain management anesthesiology.

Implications for Patient Care and Professional Recognition

The trademark dispute between the ASA and AANA raises important questions about how professional titles and organizational names impact patient care and public perception. Proponents of the ASA's position argue that clear distinctions between anesthesiologists and nurse anesthetists are necessary to ensure patients make informed decisions about their care providers.

Conversely, supporters of the AANA's rebranding efforts may contend that the use of "anesthesiology" in their title accurately reflects the advanced knowledge and skills of nurse anesthetists in the field of anesthesia care. They might argue that this change promotes recognition of the valuable contributions made by nurse anesthetists to the healthcare system.

Regulatory and Legal Considerations

The outcome of this trademark dispute could have far-reaching implications for how healthcare professions are regulated and how professional titles are protected. State medical boards and nursing boards often have specific guidelines regarding the use of professional titles and designations.

If the U.S. Trademark Trial and Appeal Board rules in favor of the ASA, it could set a precedent for how other healthcare professions use certain terms in their organizational names or professional titles. Conversely, a ruling in favor of the AANA might pave the way for other advanced practice nursing specialties to adopt similar naming conventions.

Future of Collaboration in Anesthesia Care

Despite the current legal dispute, it's important to note that collaboration between anesthesiologists and nurse anesthetists remains crucial for providing high-quality patient care. Many healthcare institutions employ care team models where physicians and nurses work together to ensure optimal outcomes for patients undergoing anesthesia.