Florida Senate - 2023                              CS for SB 230
       By the Committee on Health Policy; and Senator Harrell
       588-02142-23                                           2023230c1
    1                        A bill to be entitled                      
    2         An act relating to health care practitioner titles and
    3         designations; creating s. 456.0651, F.S.; defining
    4         terms; providing that, for specified purposes, the use
    5         of specified titles or designations in connection with
    6         one’s name constitutes the practice of medicine or the
    7         practice of osteopathic medicine; providing
    8         exceptions; amending s. 456.072, F.S.; revising
    9         grounds for disciplinary action relating to a
   10         practitioner’s use of such titles or designations in
   11         identifying himself or herself to patients or in
   12         advertisements for health care services; revising
   13         applicability; requiring certain health care
   14         practitioners to prominently display a copy of their
   15         license in a conspicuous area of their practices;
   16         requiring that the copy of the license be a specified
   17         size; requiring such health care practitioners to also
   18         verbally identify themselves in a specified manner to
   19         new patients; requiring, rather than authorizing,
   20         certain boards, or the Department of Health if there
   21         is no board, to adopt certain rules; providing an
   22         effective date.
   24  Be It Enacted by the Legislature of the State of Florida:
   26         Section 1. Section 456.0651, Florida Statutes, is created
   27  to read:
   28         456.0651 Health care practitioner titles and designations.—
   29         (1) As used in this section, the term:
   30         (a) “Advertisement” means any printed, electronic, or oral
   31  statement that:
   32         1. Is communicated or disseminated to the general public;
   33         2.a. Is intended to encourage a person to use a
   34  practitioner’s professional services or to promote those
   35  services or the practitioner in general; or
   36         b. For commercial purposes, names a practitioner in
   37  connection with the practice, profession, or institution in
   38  which the practitioner is employed, volunteers, or provides
   39  health care services; and
   40         3. Is prepared, communicated, or disseminated under the
   41  control of the practitioner or with the practitioner’s consent.
   42         (b) “Educational degree” means the degree awarded to a
   43  practitioner by a college or university relating to the
   44  practitioner’s profession or specialty designation which may be
   45  referenced in an advertisement by name or acronym.
   46         (c) “Misleading, deceptive, or fraudulent representation”
   47  means any information that misrepresents or falsely describes a
   48  practitioner’s profession, skills, training, expertise,
   49  educational degree, board certification, or licensure.
   50         (d) “Profession” means the name or title of a
   51  practitioner’s profession that is regulated by the department in
   52  the Division of Medical Quality Assurance and which is allowed
   53  to be used by an individual due to his or her license, license
   54  by endorsement, certification, or registration issued by a board
   55  or the department. The term does not include a practitioner’s
   56  license or educational degree.
   57         (2) For purposes of this section and s. 456.065, in
   58  addition to the definition of “practice of medicine” in s.
   59  458.305 and the definition of “practice of osteopathic medicine”
   60  in s. 459.003, the practice of medicine or osteopathic medicine
   61  also includes attaching to one’s name, either alone or in
   62  combination, or in connection with other words, any of the
   63  following titles or designations, if used in an advertisement or
   64  in a manner that constitutes a misleading, deceptive, or
   65  fraudulent representation:
   66         (a)Doctor of medicine.
   67         (b)M.D.
   68         (c)Doctor of osteopathy.
   69         (d)D.O.
   70         (e)Physician.
   71         (f)Emergency physician.
   72         (g) Family practice physician.
   73         (h)Interventional pain physician.
   74         (i)Medical doctor.
   75         (j)Osteopath.
   76         (k) Osteopathic medical physician.
   77         (l) Surgeon.
   78         (m) Anesthesiologist.
   79         (n) Cardiologist.
   80         (o) Dermatologist.
   81         (p) Endocrinologist.
   82         (q) Gastroenterologist.
   83         (r) Gynecologist.
   84         (s) Hematologist.
   85         (t) Internist.
   86         (u) Laryngologist.
   87         (v) Nephrologist.
   88         (w) Neurologist.
   89         (x) Obstetrician.
   90         (y) Oncologist.
   91         (z) Ophthalmologist.
   92         (aa) Orthopedic surgeon.
   93         (bb) Orthopedist.
   94         (cc) Otologist.
   95         (dd) Otolaryngologist.
   96         (ee) Otorhinolaryngologist.
   97         (ff) Pathologist.
   98         (gg) Pediatrician.
   99         (hh) Primary care physician.
  100         (ii) Proctologist.
  101         (jj) Psychiatrist.
  102         (kk) Radiologist.
  103         (ll) Rheumatologist.
  104         (mm) Rhinologist.
  105         (nn) Urologist.
  106         (3) Notwithstanding subsection (2):
  107         (a) A licensed practitioner may use the name or title of
  108  his or her profession which is authorized under his or her
  109  practice act, and any corresponding designations or initials so
  110  authorized, to describe himself or herself and his or her
  111  practice.
  112         (b) A licensed practitioner who has a specialty area of
  113  practice authorized under his or her practice act may use the
  114  following format to identify himself or herself or describe his
  115  or her practice: “...(name or title of the practitioner’s
  116  profession)..., specializing in ...(name of the practitioner’s
  117  specialty)....”
  118         (c) A chiropractic physician licensed under chapter 460 may
  119  use the titles “chiropractic physician” and “doctor of
  120  chiropractic medicine” and other titles or designations
  121  authorized under his or her practice act.
  122         (d) A podiatric physician licensed under chapter 461 may
  123  use the following titles and abbreviations as applicable to his
  124  or her license, specialty, and certification: “podiatric
  125  physician,” “podiatric surgeon,” and other titles or
  126  abbreviations authorized under his or her practice act.
  127         (e) A dentist licensed under chapter 466 may use the
  128  following titles and abbreviations as applicable to his or her
  129  license, specialty, and certification: “doctor of medicine in
  130  dentistry,” “doctor of dental medicine,” “D.M.D.,” “doctor of
  131  dental surgery,” “D.D.S.,” “oral and maxillofacial surgeon,”
  132  “O.M.S.,” “oral radiologist,” and any other titles or
  133  abbreviations authorized under his or her practice act.
  134         (f) An anesthesiologist assistant licensed under chapter
  135  458 or chapter 459 may use only the titles “anesthesiologist
  136  assistant” or “certified anesthesiologist assistant” and the
  137  abbreviation “C.A.A.”
  138         Section 2. Paragraph (t) of subsection (1) of section
  139  456.072, Florida Statutes, is amended to read:
  140         456.072 Grounds for discipline; penalties; enforcement.—
  141         (1) The following acts shall constitute grounds for which
  142  the disciplinary actions specified in subsection (2) may be
  143  taken:
  144         (t)1.A practitioner’s failure, when treating or consulting
  145  with a patient, Failing to identify through written notice,
  146  which may include the wearing of a name tag the practitioner’s
  147  name and, or orally to a patient the profession, as defined in
  148  s. 456.0651, type of license under which the practitioner is
  149  practicing. The information on the name tag must be consistent
  150  with the specifications of s. 456.0651(2) such that it does not
  151  constitute the unlicensed practice of medicine or osteopathic
  152  medicine.
  153         2.The failure of any advertisement for health care
  154  services naming the practitioner to must identify the
  155  profession, as defined in s. 456.0651, under which the
  156  practitioner is practicing and the practitioner’s educational
  157  degree, as defined in s. 456.0651, in relation to the services
  158  featured in the advertisement type of license the practitioner
  159  holds.
  160         3. Subparagraph 1. This paragraph does not apply to a
  161  practitioner while the practitioner is providing services in his
  162  or her own office that houses his or her practice or group
  163  practice. In such a case, in lieu of a name tag, the
  164  practitioner must prominently display a copy of his or her
  165  license in a conspicuous area of the practice so that it is
  166  easily visible to patients. The copy of the license must be no
  167  smaller than the original license. The practitioner must also
  168  verbally identify himself or herself to a new patient by name
  169  and identify the profession, as defined in s. 456.0651, under
  170  which the practitioner is practicing. Such verbal identification
  171  must be consistent with the specifications of s. 456.0651(2)
  172  such that it does not constitute the unlicensed practice of
  173  medicine or osteopathic medicine a facility licensed under
  174  chapter 394, chapter 395, chapter 400, or chapter 429.
  175         4. Each board, or the department if where there is no
  176  board, shall is authorized by rule to determine how its
  177  practitioners must may comply with this paragraph disclosure
  178  requirement.
  179         Section 3. This act shall take effect July 1, 2023.