Florida Senate - 2020                              CS for SB 500
       By the Committee on Health Policy; and Senator Harrell
       588-02262-20                                           2020500c1
    1                        A bill to be entitled                      
    2         An act relating to prohibited acts by health care
    3         practitioners; creating s. 456.0465, F.S.; specifying
    4         names and titles that licensed health care
    5         practitioners are prohibited from using under certain
    6         circumstances; requiring the Department of Health to
    7         issue an emergency cease and desist order for
    8         specified violations; providing exceptions; providing
    9         for service of the order; providing penalties;
   10         authorizing the department to adopt rules; providing
   11         an effective date.
   13  Be It Enacted by the Legislature of the State of Florida:
   15         Section 1. Section 456.0465, Florida Statutes, is created
   16  to read:
   17         456.0465 Health care practitioners; prohibited actions.—
   18         (1)(a)A health care practitioner licensed by the
   19  department may not use the name or title “physician,” “surgeon,”
   20  “dentist,” “medical doctor,” “doctor of osteopathy,” “doctor of
   21  dental medicine,” “doctor of dental surgery,” “M.D.,” “D.M.D.,”
   22  “D.D.S.,” “anesthesiologist,” “cardiologist,” “dermatologist,”
   23  “endocrinologist,” “endodontist,” “gastroenterologist,” “general
   24  practitioner,” “gynecologist,” “hematologist,” “hospitalist,”
   25  “internist,” “interventional pain medicine physician,”
   26  “laryngologist,” “nephrologist,” “neurologist,” “obstetrician,”
   27  “oncologist,” “ophthalmologist,” “oral and maxillofacial
   28  surgeon,” “orthodontist,” “orthopedic surgeon,” “orthopedist,”
   29  “osteopath,” “otologist,” “otolaryngologist,”
   30  “otorhinolaryngologist,” “pathologist,” “pediatrician,”
   31  “physiatrist, “pedodontist,” “periodontist,” “podiatrist,”
   32  “primary care physician,” “proctologist,” “prosthodontist,”
   33  “psychiatrist,” “radiologist,” “rheumatologist,” “rhinologist,”
   34  or “urologist,” or any other words, letters, abbreviations, or
   35  insignia indicating or implying that he or she is licensed or
   36  authorized by chapter 458, chapter 459, chapter 461, or chapter
   37  466 to practice as such, unless he or she is licensed and
   38  authorized by one of those chapters, or is registered with the
   39  appropriate board as an allopathic, osteopathic, or podiatric
   40  physician or dentist pursuant to s. 456.47(4), to practice as
   41  such.
   42         (b) If the department finds that any licensed health care
   43  practitioner has violated paragraph (a), the department shall
   44  issue an emergency order to the practitioner to cease and desist
   45  the use of such name, title, words, letters, abbreviations, or
   46  insignia. The department shall send the emergency cease and
   47  desist order to the practitioner by certified mail and email to
   48  the practitioner’s physical address and email address of record
   49  with the department and to any other mailing address or email
   50  address through which the department believes the person may be
   51  reached.
   52         (c) If the practitioner does not cease and desist his or
   53  her actions in violation of paragraph (a) immediately upon
   54  receipt of the emergency cease and desist order, the department
   55  shall enter an order imposing one or more of the following
   56  penalties until the practitioner complies with the cease and
   57  desist order:
   58         1. A citation and a daily fine.
   59         2. A reprimand or a letter of concern.
   60         3. Suspension of license.
   61         (d) Notwithstanding paragraphs (a)-(c):
   62         1. A doctor of chiropractic medicine licensed under chapter
   63  460, or a chiropractic physician registered with the board of
   64  chiropractic medicine pursuant to s. 456.47(4), to practice as
   65  such, may use the name or title “doctor of chiropractic
   66  medicine″ or “chiropractic physician.″
   67         2. A licensed chiropractic physician who has achieved
   68  diplomate or fellow status from the American Board of
   69  Chiropractic Specialties, American Chiropractic Board of Sports
   70  Physicians, American College of Chiropractic Orthopedists,
   71  American Chiropractic Neurology Board, International
   72  Chiropractors Association, or International Chiropractic
   73  Pediatric Association, or in a specific specialty or
   74  subspecialty, may use, as appropriate for his or her diplomate
   75  or fellow status, “chiropractic radiologist,″ “chiropractic
   76  internist, “chiropractic neurologist,″ “chiropractic
   77  orthopedist,″ or “chiropractic pediatrician,″ in addition to
   78  other names or titles associated with such diplomate or fellow
   79  status.
   80         3.A licensed dentist who has achieved diplomate status or
   81  board certification from the American Board of Dental Public
   82  Health, the American Board of Endodontics, the American Board of
   83  Oral and Maxillofacial Pathology, the American Board of Oral and
   84  Maxillofacial Radiology, the American Board of Oral and
   85  Maxillofacial Surgery, the American Board of Orthodontics, the
   86  American Board of Pediatric Dentistry, the American Board of
   87  Periodontology, the American Board of Prosthodontics, the
   88  American Board of Oral Implantology/Implant Dentistry, the
   89  American Board of Oral Medicine, the American Board of Orofacial
   90  Pain, the American Dental Board of Anesthesiology, or the
   91  American Board of General Dentistry, in a specific specialty or
   92  subspecialty, may use, as appropriate for his or her diplomate
   93  status or board certification, the name or term dental
   94  anesthesiologist,″ doctor of oral medicine,″ “dental oral and
   95  maxillofacial radiologist,″ “dental orthodontic and dentofacial
   96  orthopedist,″ or “dental oral and maxillofacial pathologist,″ in
   97  addition to other names or titles associated with such diplomate
   98  status or board certification.
   99         (2) The department may adopt rules to implement this
  100  section.
  101         Section 2. This act shall take effect upon becoming a law.