Florida Senate - 2020                        COMMITTEE AMENDMENT
       Bill No. CS for SB 500
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  02/28/2020           .                                

       The Committee on Rules (Harrell) recommended the following:
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 456.0465, Florida Statutes, is created
    6  to read:
    7         456.0465Health care practitioners; prohibited actions.—
    8         (1)(a)Except for an allopathic physician licensed under
    9  chapter 458, an osteopathic physician licensed under chapter
   10  459, or an allopathic or osteopathic physician registered with
   11  the appropriate board pursuant to s. 456.47(4), a health care
   12  practitioner licensed by the department may not use the name or
   13  title “allopathic physician,” “M.D.,” “medical doctor,” “doctor
   14  of osteopathy,” “D.O.,” “osteopathic physician,” “surgeon,”
   15  “anesthesiologist,” “cardiologist,” “dermatologist,” “emergency
   16  physician,” “endocrinologist,” “family physician,”
   17  “gastroenterologist,” “gynecologist,” “hematologist,”
   18  “hospitalist,” “internist,” “interventional pain medicine
   19  physician,” “laryngologist,” “nephrologist,” “neurologist,”
   20  “obstetrician,” “oncologist,” “ophthalmologist,” “orthopedic
   21  surgeon,” “orthopedist, “osteopath,” “otologist,”
   22  “otolaryngologist,” “otorhinolaryngologist,” “pathologist,”
   23  “pediatrician,” “physiatrist,” “primary care physician,”
   24  “proctologist,” “psychiatrist,” “radiologist,” “rheumatologist,”
   25  “rhinologist,” or “urologist” or any other words, letters,
   26  abbreviations, or insignia indicating or implying that he or she
   27  is authorized to practice as such, regardless of whether the
   28  name or title is used alone or as a descriptor for a name or
   29  title the practitioner is authorized to use under their practice
   30  act.
   31         (b)The omission of the name or title “physician” or any
   32  other name or title in this section does not authorize a health
   33  care practitioner to use such name or title as a descriptor of
   34  his or her practice. It is the intent of the legislature that
   35  the rule of expressio unius est exclusio alterius does not apply
   36  when interpreting this section.
   37         (c)If the department finds that any licensed health care
   38  practitioner has violated paragraph (a), the department shall
   39  issue an emergency order to the practitioner to cease and desist
   40  the use of such name, title, words, letters, abbreviations, or
   41  insignia. The department shall send the emergency cease and
   42  desist order to the practitioner by certified mail and email to
   43  the practitioner’s physical address and email address of record
   44  with the department and to any other mailing address or email
   45  address through which the department believes the person may be
   46  reached.
   47         (d)If the practitioner does not cease and desist his or
   48  her actions in violation of paragraph (a) immediately upon
   49  receipt of the emergency cease and desist order, the department
   50  shall enter an order imposing one or more of the following
   51  penalties until the practitioner complies with the cease and
   52  desist order:
   53         1.A citation and a daily fine.
   54         2.A reprimand or a letter of concern.
   55         3.Suspension of license.
   56         (e)Notwithstanding paragraphs (a)-(d):
   57         1.A doctor of chiropractic medicine licensed under chapter
   58  460, or a chiropractic physician registered with the board of
   59  chiropractic medicine pursuant to s. 456.47(4), to practice as
   60  such, may use the name or title “doctor of chiropractic
   61  medicine” or “chiropractic physician.”
   62         2.A licensed chiropractic physician who has achieved
   63  diplomate or fellow status from the American Board of
   64  Chiropractic Specialties, American Chiropractic Board of Sports
   65  Physicians, American College of Chiropractic Orthopedists,
   66  American Chiropractic Neurology Board, International
   67  Chiropractors Association, or International Chiropractic
   68  Pediatric Association, or in a specific specialty or
   69  subspecialty, may use, as appropriate for his or her diplomate
   70  or fellow status, “chiropractic radiologist,” “chiropractic
   71  internist,” “chiropractic neurologist,” “chiropractic
   72  orthopedist,” or “chiropractic pediatrician,” in addition to
   73  other names or titles associated with such diplomate or fellow
   74  status.
   75         3.A licensed dentist who has achieved diplomate status or
   76  board certification from the American Board of Dental Public
   77  Health, the American Board of Endodontics, the American Board of
   78  Oral and Maxillofacial Pathology, the American Board of Oral and
   79  Maxillofacial Radiology, the American Board of Oral and
   80  Maxillofacial Surgery, the American Board of Orthodontics, the
   81  American Board of Pediatric Dentistry, the American Board of
   82  Periodontology, the American Board of Prosthodontics, the
   83  American Board of Oral Implantology/Implant Dentistry, the
   84  American Board of Oral Medicine, the American Board of Orofacial
   85  Pain, the American Dental Board of Anesthesiology, or the
   86  American Board of General Dentistry, in a specific specialty or
   87  subspecialty, may use, as appropriate for his or her diplomate
   88  status or board certification, the name or term “dental
   89  anesthesiologist,” “doctor of oral medicine,” “dental oral and
   90  maxillofacial radiologist,” “dental orthodontic and dentofacial
   91  orthopedist,” or “dental oral and maxillofacial pathologist,” in
   92  addition to other names or titles associated with such diplomate
   93  status or board certification.
   94         (2)The department may adopt rules to implement this
   95  section.
   96         Section 2. This act shall take effect upon becoming a law.
   98  ================= T I T L E  A M E N D M E N T ================
   99  And the title is amended as follows:
  100         Delete everything before the enacting clause
  101  and insert:
  102                        A bill to be entitled                      
  103         An act relating to prohibited acts by health care
  104         practitioners; creating s. 456.0465, F.S.; specifying
  105         names and titles that licensed health care
  106         practitioners are prohibited from using under certain
  107         circumstances; providing construction and legislative
  108         intent; requiring the Department of Health to issue an
  109         emergency cease and desist order for specified
  110         violations; providing exceptions; providing for
  111         service of the order; providing penalties; authorizing
  112         the department to adopt rules; providing an effective
  113         date.