Florida Senate - 2023                                     SB 230
       By Senator Harrell
       31-00299B-23                                           2023230__
    1                        A bill to be entitled                      
    2         An act relating to health care practitioner titles and
    3         abbreviations; creating s. 456.0393, F.S.; defining
    4         the terms “advertisement” and “deceptive or misleading
    5         terms or false representation”; specifying which
    6         titles and abbreviations health care practitioners may
    7         use in their advertisements, communications, and
    8         personal identification; requiring health care
    9         practitioners to disclose specified information and
   10         use only authorized titles and abbreviations in their
   11         advertisements; prohibiting health care practitioners
   12         from using deceptive or misleading terms or false
   13         representations in their advertisements; requiring
   14         health care practitioners who treat patients in person
   15         to wear a badge or clothing that clearly discloses
   16         specified information; requiring certain health care
   17         practitioners to prominently display a copy of their
   18         license in a conspicuous area of their practices;
   19         requiring that the copy of the license be a specified
   20         size; providing for denial of licensure and
   21         disciplinary action; requiring certain boards, and the
   22         Department of Health when there is no board, to adopt
   23         rules; providing an effective date.
   25  Be It Enacted by the Legislature of the State of Florida:
   27         Section 1. Section 456.0393, Florida Statutes, is created
   28  to read:
   29         456.0393 Health care practitioner titles and abbreviations;
   30  advertisements, communications, and personal identification.—
   31         (1)As used in this section, the term:
   32         (a)“Advertisement” means any communication, printed,
   33  electronic, or oral, that names a health care practitioner and
   34  the practice, profession, or institution in which the
   35  practitioner is employed, volunteers, or otherwise provides
   36  health care services. The term includes business cards,
   37  identification badges, letterhead, patient brochures, e-mails,
   38  Internet websites or platforms, audio and video communications,
   39  text messages, and any other form of communication.
   40         (b)“Deceptive or misleading terms or false representation”
   41  means the use of titles, terms, or other words that misstate,
   42  falsely describe, falsely hold out, or falsely detail the health
   43  care practitioner’s professional skills, training, expertise,
   44  education, board certification, or licensure, and includes the
   45  misappropriation of medical titles and medical specialty titles
   46  by nonphysicians.
   47         (2)Health care practitioners may use titles and
   48  abbreviations in their advertisements, communications, and
   49  personal identification, only as follows:
   50         (a)Physicians licensed under chapter 458 or chapter 459
   51  may use any of the following titles and abbreviations only as
   52  applicable to their license, specialties, and certifications:
   53  “M.D.,” “D.O.,” “doctor,” “doctor of medicine,” medical
   54  doctor,” “doctor of osteopathic medicine,” “physician,”
   55  “surgeon,” “general surgeon,” “neurosurgeon,” “orthopedic
   56  surgeon,” “medical resident,“resident physician,” “medical
   57  intern,” “anesthesiologist,” “cardiologist,” “dermatologist,”
   58  “endocrinologist,” “gastroenterologist,” “general practitioner,”
   59  “gynecologist,” “hematologist,” hospitalist,” “intensivist,”
   60  “internist,” “interventional pain medicine physician,
   61  “laryngologist,” “nephrologist,” “neurologist,” “obstetrician,”
   62  “oncologist,” “ophthalmologist,” “orthopedic surgeon,”
   63  “orthopedist,” “osteopath,” “otologist,” “otolaryngologist,”
   64  “otorhinolaryngologist,” “pathologist,” “pediatrician,” “primary
   65  care physician,” “proctologist,” “psychiatrist,” “radiologist,”
   66  “rheumatologist,” “rhinologist,” and “urologist,” or any other
   67  title, word, abbreviation, description of services, or
   68  designation, alone or in combination with any other title, to
   69  indicate or induce others to believe that he or she is licensed
   70  to practice medicine.
   71         1.Chiropractic physicians licensed under chapter 460 may
   72  use the titles “chiropractic physician” and “doctor of
   73  chiropractic medicine” and may use the abbreviation “D.C.” A
   74  chiropractic physician who has attained diplomate status in a
   75  chiropractic specialty area recognized by the American
   76  Chiropractic Association, the International Chiropractic
   77  Association, or the International Academy of Clinical Neurology
   78  before July 1, 2025, may use the applicable titles in this
   79  paragraph in conjunction with his or her name and title to
   80  reflect such specialty area.
   81         2.Podiatric physicians licensed under chapter 461 may use
   82  any of the following titles and abbreviations only as applicable
   83  to their license, specialties, and certifications: “podiatric
   84  physician,” “doctor of podiatric medicine,” “D.P.M.,”
   85  “podiatrist,” “podiatric surgeon,” “Fellow in the American
   86  College of Foot and Ankle Surgeons,” and “F.A.C.F.A.S.”
   87         3.Dentists licensed under chapter 466 may use any of the
   88  following titles and abbreviations only as applicable to their
   89  license, specialties, and certifications: “doctor of medicine in
   90  dentistry,” “doctor of dental medicine,” “D.M.D.,” “doctor of
   91  dental surgery,” “D.D.S.,” “oral and maxillofacial surgeon,”
   92  “O.M.S.,” “periodontist,” “prosthodontist,” “endodontist,”
   93  “pediatric dentist,” “orthodontist,” “oral pathologist,” and
   94  “oral radiologist.” A dentist who has completed a dental
   95  anesthesiology residency recognized by the American Dental Board
   96  of Anesthesiology before July 1, 2025, may use the applicable
   97  titles in this paragraph in conjunction with his or her name and
   98  title to reflect such residency training.
   99         (b)Registered nurses licensed under part I of chapter 464
  100  may use only the title “registered nurse” and the abbreviation
  101  “R.N.”
  102         (c)Licensed practical nurses licensed under part I of
  103  chapter 464 may use only the title “licensed practical nurse”
  104  and the abbreviation “L.P.N.”
  105         (d)Advanced practice registered nurses licensed under part
  106  I of chapter 464 may use only the title “advanced practice
  107  registered nurse” or abbreviation “A.P.R.N.” and the following
  108  role titles and abbreviations, as applicable:
  109         1.“Certified registered nurse anesthetist, “nurse
  110  anesthetist,” and “C.R.N.A.”
  111         2.“Clinical nurse specialist and “C.N.S.”
  112         3.“Certified nurse practitioner and C.N.P.”
  113         4.“Certified nurse midwife” and “C.N.M.”
  114         5.“Certified psychiatric nurse,” “psychiatric mental
  115  health advanced practice nurse,” and “C.P.N.”
  116         6.“Autonomous advanced practice registered nurse” and “A.
  117  A.P.R.N.”
  118         (e)Physician assistants licensed under chapter 458 or
  119  chapter 459 may use only the title “physician assistant” and the
  120  abbreviations “P.A.” or “P.A.-C.”
  121         (f)Anesthesiologist assistants licensed under chapter 458
  122  or chapter 459 may use only the titles “anesthesiologist
  123  assistant” or “certified anesthesiologist assistant” and the
  124  abbreviation “C.A.A.”
  125         (g)All other health care practitioners may use only the
  126  titles and abbreviations authorized by their respective practice
  127  acts and this paragraph. Any nonphysician health care
  128  practitioner who has obtained a doctoral degree under the
  129  profession governed by the applicable practice act may use the
  130  letter “D.” in front of the abbreviations authorized by the
  131  health care practitioner’s respective practice act. However, a
  132  nonphysician health care practitioner may not use the title
  133  “doctor” in any form of advertisement, telehealth interaction,
  134  text message, or verbal communication without clearly
  135  identifying himself or herself as a “doctor” of a specific
  136  profession, citing the applicable chapter under which the health
  137  care practitioner is licensed.
  138         (3)(a)Any advertisement by a health care practitioner must
  139  disclose the type of license under which the health care
  140  practitioner is authorized to provide services and must use only
  141  those titles and abbreviations authorized under subsection (2).
  142  Only physicians may include titles and abbreviations or medical
  143  specialties in their advertisements, as specified in paragraph
  144  (2)(a).
  145         (b)Health care practitioners may not use deceptive or
  146  misleading terms or false representation in their
  147  advertisements.
  148         (4)Health care practitioners who treat patients in person
  149  must wear a name badge or other form of identification on their
  150  clothing that clearly discloses the practitioner’s name, the
  151  practitioner’s staff position, if applicable, and the type of
  152  license, registration, or certification held by the
  153  practitioner. Any title or abbreviation used in such
  154  identification must be consistent with the requirements of this
  155  section.
  156         (5)If a health care practitioner treats patients in a
  157  setting other than a health care facility licensed under chapter
  158  395 or chapter 400, the health care practitioner must
  159  prominently display a copy of his or her license in a
  160  conspicuous area of the practice so that it is easily visible to
  161  patients. The copy of the license must be no smaller than the
  162  original license.
  163         (6)Any violation of this section constitutes grounds for
  164  denial of a license or disciplinary action as specified in the
  165  health care practitioner’s respective practice act and as
  166  specified in s. 456.072(2).
  167         (7)Each board, or the department where there is no board,
  168  shall adopt rules pursuant to ss. 120.536(1) and 120.54 to
  169  implement this section.
  170         Section 2. This act shall take effect July 1, 2023.