Florida Senate - 2023                       CS for CS for SB 230
       By the Committees on Rules; and Health Policy; and Senator
       595-02382-23                                           2023230c2
    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 practice;
   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) “Practitioner” means a health care practitioner as
   51  defined in s. 456.001.
   52         (e) “Profession,” in addition to the meaning provided in s.
   53  456.001, also means the name or title of a practitioner’s
   54  profession that is regulated by the department in the Division
   55  of Medical Quality Assurance and which is allowed to be used by
   56  an individual due to his or her license, license by endorsement,
   57  certification, or registration issued by a board or the
   58  department. The term does not include a practitioner’s license
   59  or educational degree.
   60         (2) For purposes of this section and s. 456.065, in
   61  addition to the definition of “practice of medicine” in s.
   62  458.305 and the definition of “practice of osteopathic medicine”
   63  in s. 459.003, the practice of medicine or osteopathic medicine
   64  also includes attaching to one’s name, either alone or in
   65  combination, or in connection with other words, any of the
   66  following titles or designations, if used in an advertisement or
   67  in a manner that constitutes a misleading, deceptive, or
   68  fraudulent representation:
   69         (a)Doctor of medicine.
   70         (b)M.D.
   71         (c)Doctor of osteopathy.
   72         (d)D.O.
   73         (e)Physician.
   74         (f)Emergency physician.
   75         (g)Family physician.
   76         (h)Interventional pain physician.
   77         (i)Medical doctor.
   78         (j)Osteopath.
   79         (k)Osteopathic physician.
   80         (l) Doctor of osteopathic medicine.
   81         (m)Surgeon.
   82         (n) Neurosurgeon.
   83         (o) General surgeon.
   84         (p) Resident physician.
   85         (q) Medical resident.
   86         (r) Medical intern.
   87         (s) Anesthesiologist.
   88         (t) Cardiologist.
   89         (u) Dermatologist.
   90         (v) Endocrinologist.
   91         (w) Gastroenterologist.
   92         (x) Gynecologist.
   93         (y) Hematologist.
   94         (z) Hospitalist.
   95         (aa) Intensivist.
   96         (bb) Internist.
   97         (cc) Laryngologist.
   98         (dd) Nephrologist.
   99         (ee) Neurologist.
  100         (ff) Obstetrician.
  101         (gg) Oncologist.
  102         (hh) Ophthalmologist.
  103         (ii) Orthopedic surgeon.
  104         (jj) Orthopedist.
  105         (kk) Otologist.
  106         (ll) Otolaryngologist.
  107         (mm) Otorhinolaryngologist.
  108         (nn) Pathologist.
  109         (oo) Pediatrician.
  110         (pp) Primary care physician.
  111         (qq) Proctologist.
  112         (rr) Psychiatrist.
  113         (ss) Radiologist.
  114         (tt) Rheumatologist.
  115         (uu) Rhinologist.
  116         (vv) Urologist.
  117         (3) Notwithstanding subsection (2):
  118         (a) A licensed practitioner may use the name or title of
  119  his or her profession which is authorized under his or her
  120  practice act, and any corresponding designations or initials so
  121  authorized, to describe himself or herself and his or her
  122  practice.
  123         (b) A licensed practitioner who has a specialty area of
  124  practice authorized under his or her practice act may use the
  125  following format to identify himself or herself or describe his
  126  or her practice: “...(name or title of the practitioner’s
  127  profession)..., specializing in ...(name of the practitioner’s
  128  specialty)....”
  129         (c) A chiropractic physician licensed under chapter 460 may
  130  use the titles “chiropractic physician,” “doctor of chiropractic
  131  medicine,” “chiropractic radiologist,” and other titles,
  132  abbreviations, or designations authorized under his or her
  133  practice act or reflecting those chiropractic specialty areas in
  134  which the chiropractic physician has attained diplomate status
  135  as recognized by the American Chiropractic Association, the
  136  International Chiropractors Association, the International
  137  Academy of Clinical Neurology, or the International Chiropractic
  138  Pediatric Association.
  139         (d) A podiatric physician licensed under chapter 461 may
  140  use the following titles and abbreviations as applicable to his
  141  or her license, specialty, and certification: “podiatric
  142  physician,” “podiatric surgeon,” “Fellow in the American College
  143  of Foot and Ankle Surgeons,” and other titles or abbreviations
  144  authorized under his or her practice act.
  145         (e) A dentist licensed under chapter 466 may use the
  146  following titles and abbreviations as applicable to his or her
  147  license, specialty, and certification: “doctor of medicine in
  148  dentistry,” “doctor of dental medicine,” “D.M.D.,” “doctor of
  149  dental surgery,” “D.D.S.,” “oral surgeon,” “maxillofacial
  150  surgeon,” “oral and maxillofacial surgeon,” “O.M.S.,” “oral
  151  radiologist,” “dental anesthesiologist,” “oral pathologist,” and
  152  any other titles or abbreviations authorized under his or her
  153  practice act.
  154         (f) An anesthesiologist assistant licensed under chapter
  155  458 or chapter 459 may use only the titles “anesthesiologist
  156  assistant” or “certified anesthesiologist assistant” and the
  157  abbreviation “C.A.A.”
  158         Section 2. Paragraph (t) of subsection (1) of section
  159  456.072, Florida Statutes, is amended to read:
  160         456.072 Grounds for discipline; penalties; enforcement.—
  161         (1) The following acts shall constitute grounds for which
  162  the disciplinary actions specified in subsection (2) may be
  163  taken:
  164         (t)1.A practitioner’s failure, when treating or consulting
  165  with a patient, Failing to identify through written notice,
  166  which may include the wearing of a name tag the practitioner’s
  167  name and, or orally to a patient the profession, as defined in
  168  s. 456.0651, type of license under which the practitioner is
  169  practicing. The information on the name tag must be consistent
  170  with the specifications of s. 456.0651(2) such that it does not
  171  constitute the unlicensed practice of medicine or osteopathic
  172  medicine.
  173         2.The failure of any advertisement for health care
  174  services naming the practitioner to must identify the
  175  profession, as defined in s. 456.0651, under which the
  176  practitioner is practicing and the practitioner’s educational
  177  degree, as defined in s. 456.0651, in relation to the services
  178  featured in the advertisement type of license the practitioner
  179  holds.
  180         3. Subparagraph 1. This paragraph does not apply to a
  181  practitioner while the practitioner is providing services in his
  182  or her own office that houses his or her practice or group
  183  practice. In such a case, in lieu of a name tag, the
  184  practitioner must prominently display a copy of his or her
  185  license in a conspicuous area of the practice so that it is
  186  easily visible to patients. The copy of the license must be no
  187  smaller than the original license. The practitioner must also
  188  verbally identify himself or herself to a new patient by name
  189  and identify the profession, as defined in s. 456.0651, under
  190  which the practitioner is practicing. Such verbal identification
  191  must be consistent with the specifications of s. 456.0651(2)
  192  such that it does not constitute the unlicensed practice of
  193  medicine or osteopathic medicine a facility licensed under
  194  chapter 394, chapter 395, chapter 400, or chapter 429.
  195         4. Each board, or the department if where there is no
  196  board, shall is authorized by rule to determine how its
  197  practitioners must may comply with this paragraph disclosure
  198  requirement.
  199         Section 3. This act shall take effect July 1, 2023.