Florida Senate - 2023                        COMMITTEE AMENDMENT
       Bill No. SB 230
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/22/2023           .                                

       The Committee on Health Policy (Harrell) recommended the
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 456.0651, Florida Statutes, is created
    6  to read:
    7         456.0651 Health care practitioner titles and designations.—
    8         (1) As used in this section, the term:
    9         (a) “Advertisement” means any printed, electronic, or oral
   10  statement that:
   11         1. Is communicated or disseminated to the general public;
   12         2.a. Is intended to encourage a person to use a
   13  practitioner’s professional services or to promote those
   14  services or the practitioner in general; or
   15         b. For commercial purposes, names a practitioner in
   16  connection with the practice, profession, or institution in
   17  which the practitioner is employed, volunteers, or provides
   18  health care services; and
   19         3. Is prepared, communicated, or disseminated under the
   20  control of the practitioner or with the practitioner’s consent.
   21         (b) “Educational degree” means the degree awarded to a
   22  practitioner by a college or university relating to the
   23  practitioner’s profession or specialty designation which may be
   24  referenced in an advertisement by name or acronym.
   25         (c) “Misleading, deceptive, or fraudulent representation”
   26  means any information that misrepresents or falsely describes a
   27  practitioner’s profession, skills, training, expertise,
   28  educational degree, board certification, or licensure.
   29         (d) “Profession” means the name or title of a
   30  practitioner’s profession that is regulated by the department in
   31  the Division of Medical Quality Assurance and which is allowed
   32  to be used by an individual due to his or her license, license
   33  by endorsement, certification, or registration issued by a board
   34  or the department. The term does not include a practitioner’s
   35  license or educational degree.
   36         (2) For purposes of this section and s. 456.065, in
   37  addition to the definition of “practice of medicine” in s.
   38  458.305 and the definition of “practice of osteopathic medicine”
   39  in s. 459.003, the practice of medicine or osteopathic medicine
   40  also includes attaching to one’s name, either alone or in
   41  combination, or in connection with other words, any of the
   42  following titles or designations, if used in an advertisement or
   43  in a manner that constitutes a misleading, deceptive, or
   44  fraudulent representation:
   45         (a)Doctor of medicine.
   46         (b)M.D.
   47         (c)Doctor of osteopathy.
   48         (d)D.O.
   49         (e)Physician.
   50         (f)Emergency physician.
   51         (g) Family practice physician.
   52         (h)Interventional pain physician.
   53         (i)Medical doctor.
   54         (j)Osteopath.
   55         (k) Osteopathic medical physician.
   56         (l) Surgeon.
   57         (m) Anesthesiologist.
   58         (n) Cardiologist.
   59         (o) Dermatologist.
   60         (p) Endocrinologist.
   61         (q) Gastroenterologist.
   62         (r) Gynecologist.
   63         (s) Hematologist.
   64         (t) Internist.
   65         (u) Laryngologist.
   66         (v) Nephrologist.
   67         (w) Neurologist.
   68         (x) Obstetrician.
   69         (y) Oncologist.
   70         (z) Ophthalmologist.
   71         (aa) Orthopedic surgeon.
   72         (bb) Orthopedist.
   73         (cc) Otologist.
   74         (dd) Otolaryngologist.
   75         (ee) Otorhinolaryngologist.
   76         (ff) Pathologist.
   77         (gg) Pediatrician.
   78         (hh) Primary care physician.
   79         (ii) Proctologist.
   80         (jj) Psychiatrist.
   81         (kk) Radiologist.
   82         (ll) Rheumatologist.
   83         (mm) Rhinologist.
   84         (nn) Urologist.
   85         (3) Notwithstanding subsection (2):
   86         (a) A licensed practitioner may use the name or title of
   87  his or her profession which is authorized under his or her
   88  practice act, and any corresponding designations or initials so
   89  authorized, to describe himself or herself and his or her
   90  practice.
   91         (b) A licensed practitioner who has a specialty area of
   92  practice authorized under his or her practice act may use the
   93  following format to identify himself or herself or describe his
   94  or her practice: “...(name or title of the practitioner’s
   95  profession)..., specializing in ...(name of the practitioner’s
   96  specialty)....
   97         (c) A chiropractic physician licensed under chapter 460 may
   98  use the titles “chiropractic physician” and “doctor of
   99  chiropractic medicine” and other titles or designations
  100  authorized under his or her practice act.
  101         (d) A podiatric physician licensed under chapter 461 may
  102  use the following titles and abbreviations as applicable to his
  103  or her license, specialty, and certification: “podiatric
  104  physician,” “podiatric surgeon,” and other titles or
  105  abbreviations authorized under his or her practice act.
  106         (e) A dentist licensed under chapter 466 may use the
  107  following titles and abbreviations as applicable to his or her
  108  license, specialty, and certification: “doctor of medicine in
  109  dentistry,” “doctor of dental medicine,” “D.M.D.,” “doctor of
  110  dental surgery,” “D.D.S.,” “oral and maxillofacial surgeon,”
  111  “O.M.S.,” “oral radiologist,” and any other titles or
  112  abbreviations authorized under his or her practice act.
  113         (f) An anesthesiologist assistant licensed under chapter
  114  458 or chapter 459 may use only the titles “anesthesiologist
  115  assistant” or “certified anesthesiologist assistant” and the
  116  abbreviation “C.A.A.”
  117         Section 2. Paragraph (t) of subsection (1) of section
  118  456.072, Florida Statutes, is amended to read:
  119         456.072 Grounds for discipline; penalties; enforcement.—
  120         (1) The following acts shall constitute grounds for which
  121  the disciplinary actions specified in subsection (2) may be
  122  taken:
  123         (t)1.A practitioner’s failure, when treating or consulting
  124  with a patient, Failing to identify through written notice,
  125  which may include the wearing of a name tag the practitioner’s
  126  name and, or orally to a patient the profession, as defined in
  127  s. 456.0651, type of license under which the practitioner is
  128  practicing. The information on the name tag must be consistent
  129  with the specifications of s. 456.0651(2) such that it does not
  130  constitute the unlicensed practice of medicine or osteopathic
  131  medicine.
  132         2.The failure of any advertisement for health care
  133  services naming the practitioner to must identify the
  134  profession, as defined in s. 456.0651, under which the
  135  practitioner is practicing and the practitioner’s educational
  136  degree, as defined in s. 456.0651, in relation to the services
  137  featured in the advertisement type of license the practitioner
  138  holds.
  139         3. Subparagraph 1. This paragraph does not apply to a
  140  practitioner while the practitioner is providing services in his
  141  or her own office that houses his or her practice or group
  142  practice. In such a case, in lieu of a name tag, the
  143  practitioner must prominently display a copy of his or her
  144  license in a conspicuous area of the practice so that it is
  145  easily visible to patients. The copy of the license must be no
  146  smaller than the original license. The practitioner must also
  147  verbally identify himself or herself to a new patient by name
  148  and identify the profession, as defined in s. 456.0651, under
  149  which the practitioner is practicing. Such verbal identification
  150  must be consistent with the specifications of s. 456.0651(2)
  151  such that it does not constitute the unlicensed practice of
  152  medicine or osteopathic medicine a facility licensed under
  153  chapter 394, chapter 395, chapter 400, or chapter 429.
  154         4. Each board, or the department if where there is no
  155  board, shall is authorized by rule to determine how its
  156  practitioners must may comply with this paragraph disclosure
  157  requirement.
  158         Section 3. This act shall take effect July 1, 2023.
  160  ================= T I T L E  A M E N D M E N T ================
  161  And the title is amended as follows:
  162         Delete everything before the enacting clause
  163  and insert:
  164                        A bill to be entitled                      
  165         An act relating to health care practitioner titles and
  166         designations; creating s. 456.0651, F.S.; defining
  167         terms; providing that, for specified purposes, the use
  168         of specified titles or designations in connection with
  169         one’s name constitutes the practice of medicine or the
  170         practice of osteopathic medicine; providing
  171         exceptions; amending s. 456.072, F.S.; revising
  172         grounds for disciplinary action relating to a
  173         practitioner’s use of such titles or designations in
  174         identifying himself or herself or in advertisements
  175         for health care services; revising applicability;
  176         requiring certain health care practitioners to
  177         prominently display a copy of their license in a
  178         conspicuous area of their practices; requiring that
  179         the copy of the license be a specified size; requiring
  180         health care practitioners to verbally identify
  181         themselves in a specified manner to new patients;
  182         requiring, rather than authorizing, certain boards, or
  183         the Department of Health if there is no board, to
  184         adopt certain rules; providing an effective date.