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 Substitute for Amendment (150030) (with title
    2  amendment)
    4         Delete everything after the enacting clause
    5  and insert:
    6         Section 1. Section 456.0465, Florida Statutes, is created
    7  to read:
    8         456.0465Health care practitioners; prohibited actions.—
    9         (1)(a)Except for an allopathic physician licensed under
   10  chapter 458, an osteopathic physician licensed under chapter
   11  459, a dentist licensed under chapter 466, or a dentist, an
   12  allopathic physician, or an osteopathic physician registered
   13  with the appropriate board pursuant to s. 456.47(4), a health
   14  care practitioner licensed by the department may not use the
   15  name or title “allopathic physician,” “M.D.,” “medical doctor,”
   16  “doctor of osteopathy,” “D.O.,” “osteopathic physician,”
   17  “surgeon,” “anesthesiologist,” “cardiologist,” “dermatologist,”
   18  “emergency physician,” “endocrinologist,” “family physician,”
   19  “gastroenterologist,” “gynecologist,” “hematologist,”
   20  “hospitalist,” “internist,” “interventional pain medicine
   21  physician,” “laryngologist,” “nephrologist,” “neurologist,”
   22  “obstetrician,” “oncologist,” “ophthalmologist,” “orthopedic
   23  surgeon,” “orthopedist, “osteopath,” “otolaryngologist,”
   24  “otologist,” “otorhinolaryngologist,” “pathologist,”
   25  “pediatrician,” “physiatrist,” “primary care physician,”
   26  “proctologist,” “psychiatrist,” “radiologist,” “rheumatologist,”
   27  “rhinologist,” or “urologist” or any other words, letters,
   28  abbreviations, or insignia indicating or implying that he or she
   29  is authorized to practice as such, regardless of whether the
   30  name or title is used alone or as a descriptor for a name or
   31  title that the practitioner is authorized to use under his or
   32  her practice act.
   33         (b)The omission of the name or title “physician” or any
   34  other name or title in this section does not authorize a health
   35  care practitioner to use such name or title as a descriptor of
   36  his or her practice if he or she is not licensed to practice as
   37  such. It is the intent of the Legislature that the general
   38  principle of statutory construction, that the expression of one
   39  thing is the exclusion of the other, does not apply when
   40  interpreting this section.
   41         (c)If the department finds that any licensed health care
   42  practitioner has violated paragraph (a), the department must
   43  issue an emergency order requiring that the practitioner cease
   44  and desist the use of such name, title, words, letters,
   45  abbreviations, or insignia. The department shall send the
   46  emergency cease and desist order to the practitioner by
   47  certified mail and e-mail to the practitioner’s physical address
   48  and e-mail address of record, respectively, with the department
   49  and to any other mailing address or e-mail address through which
   50  the department believes the person may be reached.
   51         (d)If the practitioner does not immediately cease and
   52  desist his or her actions in violation of paragraph (a) upon
   53  receipt of the emergency cease and desist order, the department
   54  must enter an order imposing one or more of the following
   55  penalties until the practitioner complies with the emergency
   56  cease and desist order:
   57         1.A citation and a daily fine.
   58         2.A reprimand or a letter of concern.
   59         3.Suspension of license.
   60         (e)Notwithstanding paragraphs (a)-(d):
   61         1.A doctor of chiropractic medicine licensed under chapter
   62  460 or a chiropractic physician registered with the board of
   63  chiropractic medicine pursuant to s. 456.47(4) to practice as
   64  such may use the name or title “doctor of chiropractic medicine”
   65  or “chiropractic physician.”
   66         2.A licensed chiropractic physician who has achieved
   67  diplomate or fellow status in a specific specialty or
   68  subspecialty from the American Board of Chiropractic
   69  Specialties, the American Chiropractic Board of Sports
   70  Physicians, the American College of Chiropractic Orthopedists,
   71  the American Chiropractic Neurology Board, the International
   72  Chiropractors Association, or the International Chiropractic
   73  Pediatric Association may use, as appropriate for his or her
   74  diplomate or fellow status, the names and titles “chiropractic
   75  internist,” “chiropractic neurologist,” “chiropractic
   76  orthopedist,” “chiropractic pediatrician,” or “chiropractic
   77  radiologist,″ in addition to other names or titles associated
   78  with such diplomate or fellow status.
   79         3.A licensed dentist who has achieved diplomate status or
   80  board certification in a specific specialty or subspecialty from
   81  the American Board of Dental Public Health, the American Board
   82  of Endodontics, the American Board of Oral and Maxillofacial
   83  Pathology, the American Board of Oral and Maxillofacial
   84  Radiology, the American Board of Oral and Maxillofacial Surgery,
   85  the American Board of Orthodontics, the American Board of
   86  Pediatric Dentistry, the American Board of Periodontology, the
   87  American Board of Prosthodontics, the American Board of Oral
   88  Implantology/Implant Dentistry, the American Board of Oral
   89  Medicine, the American Board of Orofacial Pain, the American
   90  Dental Board of Anesthesiology, or the American Board of General
   91  Dentistry may use, as appropriate for his or her diplomate
   92  status or board certification, the name or term “dental
   93  anesthesiologist,” “doctor of oral medicine,” “dental oral and
   94  maxillofacial radiologist,” “dental orthodontic and dentofacial
   95  orthopedist,” or “dental oral and maxillofacial pathologist,” in
   96  addition to other names or titles associated with such diplomate
   97  status or board certification.
   98         (2)The department may adopt rules to implement this
   99  section.
  100         Section 2. This act shall take effect upon becoming a law.
  102  ================= T I T L E  A M E N D M E N T ================
  103  And the title is amended as follows:
  104         Delete everything before the enacting clause
  105  and insert:
  106                        A bill to be entitled                      
  107         An act relating to prohibited acts by health care
  108         practitioners; creating s. 456.0465, F.S.; specifying
  109         names and titles that licensed health care
  110         practitioners are prohibited from using under certain
  111         circumstances; providing exceptions; providing
  112         construction and legislative intent; requiring the
  113         Department of Health to issue an emergency cease and
  114         desist order for specified violations; providing for
  115         service of the order; providing penalties; providing
  116         exceptions; authorizing the department to adopt rules;
  117         providing an effective date.