Florida Senate - 2020                        COMMITTEE AMENDMENT
       Bill No. SB 500
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  01/15/2020           .                                

       The Committee on Health Policy (Harrell) recommended the
    1         Senate Amendment (with title amendment)
    3         Delete lines 12 - 37
    4  and insert:
    5         Section 1. Section 456.0465, Florida Statutes, is created
    6  to read:
    7         456.0465 Health care practitioners; prohibited actions.—
    8         (1)(a)A health care practitioner licensed by the
    9  department may not use the name or title “physician,” “surgeon,”
   10  “dentist,” “medical doctor,” “doctor of osteopathy,” “doctor of
   11  dental medicine,” “doctor of dental surgery,” “M.D.,” “D.M.D.,”
   12  “D.D.S.,” “anesthesiologist,” “cardiologist,” “dermatologist,”
   13  “endocrinologist,” “endodontist,” “gastroenterologist,” “general
   14  practitioner,” “gynecologist,” “hematologist,” “hospitalist,”
   15  “internist,” “interventional pain medicine physician,”
   16  “laryngologist,” “nephrologist,” “neurologist,” “obstetrician,”
   17  “oncologist,” “ophthalmologist,” “oral and maxillofacial
   18  surgeon,” “orthodontist,” “orthopedic surgeon,” “orthopedist,”
   19  “osteopath,” “otologist,” “otolaryngologist,”
   20  “otorhinolaryngologist,” “pathologist,” “pediatrician,”
   21  “physiatrist, “pedodontist,” “periodontist,” “podiatrist,”
   22  “primary care physician,” “proctologist,” “prosthodontist,”
   23  “psychiatrist,” “radiologist,” “rheumatologist,” “rhinologist,”
   24  or “urologist,” or any other words, letters, abbreviations, or
   25  insignia indicating or implying that he or she is licensed or
   26  authorized by chapter 458, chapter 459, chapter 461, or chapter
   27  466 to practice as such, unless he or she is licensed and
   28  authorized by one of those chapters, or is registered with the
   29  appropriate board as an allopathic, osteopathic, or podiatric
   30  physician or dentist pursuant to s. 456.47(4), to practice as
   31  such.
   32         (b) If the department finds that any licensed health care
   33  practitioner has violated paragraph (a), the department shall
   34  issue an emergency order to the practitioner to cease and desist
   35  the use of such name, title, words, letters, abbreviations, or
   36  insignia. The department shall send the emergency cease and
   37  desist order to the practitioner by certified mail and email to
   38  the practitioner’s physical address and email address of record
   39  with the department and to any other mailing address or email
   40  address through which the department believes the person may be
   41  reached.
   42         (c) If the practitioner does not cease and desist his or
   43  her actions in violation of paragraph (a) immediately upon
   44  receipt of the emergency cease and desist order, the department
   45  shall enter an order imposing one or more of the following
   46  penalties until the practitioner complies with the cease and
   47  desist order:
   48         1. A citation and a daily fine.
   49         2. A reprimand or a letter of concern.
   50         3. Suspension of license.
   51         (d) Notwithstanding paragraphs (a)-(c):
   52         1. A doctor of chiropractic medicine licensed under chapter
   53  460, or a chiropractic physician registered with the board of
   54  chiropractic medicine pursuant to s. 456.47(4), to practice as
   55  such, may use the name or title “doctor of chiropractic
   56  medicine″ or “chiropractic physician.″
   57         2. A licensed chiropractic physician who has achieved
   58  diplomate or fellow status from the American Board of
   59  Chiropractic Specialties, American Chiropractic Board of Sports
   60  Physicians, American College of Chiropractic Orthopedists,
   61  American Chiropractic Neurology Board, International
   62  Chiropractors Association, or International Chiropractic
   63  Pediatric Association, or in a specific specialty or
   64  subspecialty, may use, as appropriate for his or her diplomate
   65  or fellow status, “chiropractic radiologist,″ “chiropractic
   66  internist, “chiropractic neurologist,″ “chiropractic
   67  orthopedist,″ or “chiropractic pediatrician,″ in addition to
   68  other names or titles associated with such diplomate or fellow
   69  status.
   70         3.A licensed dentist who has achieved diplomate status or
   71  board certification from the American Board of Dental Public
   72  Health, the American Board of Endodontics, the American Board of
   73  Oral and Maxillofacial Pathology, the American Board of Oral and
   74  Maxillofacial Radiology, the American Board of Oral and
   75  Maxillofacial Surgery, the American Board of Orthodontics, the
   76  American Board of Pediatric Dentistry, the American Board of
   77  Periodontology, the American Board of Prosthodontics, the
   78  American Board of Oral Implantology/Implant Dentistry, the
   79  American Board of Oral Medicine, the American Board of Orofacial
   80  Pain, the American Dental Board of Anesthesiology, or the
   81  American Board of General Dentistry, in a specific specialty or
   82  subspecialty, may use, as appropriate for his or her diplomate
   83  status or board certification, the name or term dental
   84  anesthesiologist,″ doctor of oral medicine,″ “dental oral and
   85  maxillofacial radiologist,″ “dental orthodontic and dentofacial
   86  orthopedist,″ or “dental oral and maxillofacial pathologist,″ in
   87  addition to other names or titles associated with such diplomate
   88  status or board certification.
   89         (2) The department may adopt rules to implement this
   90  section.
   92  ================= T I T L E  A M E N D M E N T ================
   93  And the title is amended as follows:
   94         Delete lines 3 - 7
   95  and insert:
   96         practitioners; creating s. 456.0465, F.S.; specifying
   97         names and titles that licensed health care
   98         practitioners are prohibited from using under certain
   99         circumstances; requiring the Department of Health to
  100         issue an emergency cease and desist order for
  101         specified violations; providing exceptions; providing
  102         for service of the order; providing penalties;
  103         authorizing the department to adopt rules; providing
  104         an