Florida Senate - 2024                        COMMITTEE AMENDMENT
       Bill No. SB 1112
       
       
       
       
       
       
                                Ì322224sÎ322224                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  01/30/2024           .                                
                                       .                                
                                       .                                
                                       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       The Committee on Health Policy (Harrell) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (2) of section 456.003, Florida
    6  Statutes, is amended to read:
    7         456.003 Legislative intent; requirements.—
    8         (2) The Legislature further finds believes that such
    9  professions shall be regulated only for the preservation of the
   10  health, safety, and welfare of the public under the police
   11  powers of the state, and that the health, safety, and welfare of
   12  the public may be harmed or endangered by the unlawful practice
   13  of a profession; by a misleading, deceptive, or fraudulent
   14  representation relating to a persons authority to lawfully
   15  practice a profession; or when patients are uninformed about the
   16  profession under which a practitioner is practicing before
   17  receiving professional consultation or services from the
   18  practitioner. As a matter of great public importance, such
   19  professions shall be regulated when:
   20         (a) Their unregulated practice can harm or endanger the
   21  health, safety, and welfare of the public, and when the
   22  potential for such harm is recognizable and clearly outweighs
   23  any anticompetitive impact which may result from regulation.
   24         (b) The public is not effectively protected by other means,
   25  including, but not limited to, other state statutes, local
   26  ordinances, or federal legislation.
   27         (c) Less restrictive means of regulation are not available.
   28         Section 2. Section 456.0651, Florida Statutes, is created
   29  to read:
   30         456.0651 Health care practitioner titles and designations.—
   31         (1) As used in this section, the term:
   32         (a) “Advertisement” means any printed, electronic, or oral
   33  statement that:
   34         1. Is communicated or disseminated to the general public;
   35         2.a. Is intended to encourage a person to use a
   36  practitioner’s professional services or to promote those
   37  services or the practitioner in general; or
   38         b. For commercial purposes, names a practitioner in
   39  connection with the practice, profession, or institution in
   40  which the practitioner is employed, volunteers, or provides
   41  health care services; and
   42         3. Is prepared, communicated, or disseminated under the
   43  control of the practitioner or with the practitioner’s consent.
   44         (b) “Educational degree” means the degree awarded to a
   45  practitioner by a college or university relating to the
   46  practitioner’s profession or specialty designation, which degree
   47  may be referenced in an advertisement by name or acronym.
   48         (c) “Misleading, deceptive, or fraudulent representation”
   49  means any information that misrepresents or falsely describes a
   50  practitioner’s profession, skills, training, expertise,
   51  educational degree, board certification, or licensure.
   52         (d) “Practitioner” means a health care practitioner as
   53  defined in s. 456.001.
   54         (e) “Profession,” in addition to the meaning provided in s.
   55  456.001, also means the name or title of a practitioner’s
   56  profession that is regulated by the department’s Division of
   57  Medical Quality Assurance and which name or title is allowed to
   58  be used by an individual due to his or her license, license by
   59  endorsement, certification, or registration issued by a board or
   60  the department. The term does not include a practitioner’s
   61  license or educational degree.
   62         (2) For purposes of this section and s. 456.065, in
   63  addition to the definitions of the terms “practice of medicine”
   64  in s. 458.305 and “practice of osteopathic medicine” in s.
   65  459.003, the practice of medicine or osteopathic medicine also
   66  includes attaching to one’s name, either alone or in
   67  combination, or in connection with other words, any terms
   68  indicating that a person is licensed to practice medicine or
   69  osteopathic medicine or any of the following titles or
   70  designations, if used in an advertisement or in a manner that
   71  constitutes a misleading, deceptive, or fraudulent
   72  representation:
   73         (a)Doctor of medicine.
   74         (b)M.D.
   75         (c)Doctor of osteopathy.
   76         (d)D.O.
   77         (e)Emergency physician.
   78         (f)Family physician.
   79         (g)Interventional pain physician.
   80         (h)Medical doctor.
   81         (i)Osteopath.
   82         (j)Osteopathic physician.
   83         (k) Doctor of osteopathic medicine.
   84         (l)Surgeon.
   85         (m) Neurosurgeon.
   86         (n) General surgeon.
   87         (o) Resident physician.
   88         (p) Medical resident.
   89         (q) Medical intern.
   90         (r) Anesthesiologist.
   91         (s) Cardiologist.
   92         (t) Dermatologist.
   93         (u) Endocrinologist.
   94         (v) Gastroenterologist.
   95         (w) Gynecologist.
   96         (x) Hematologist.
   97         (y) Hospitalist.
   98         (z) Intensivist.
   99         (aa) Internist.
  100         (bb) Laryngologist.
  101         (cc) Nephrologist.
  102         (dd) Neurologist.
  103         (ee) Obstetrician.
  104         (ff) Oncologist.
  105         (gg) Ophthalmologist.
  106         (hh) Orthopedic surgeon.
  107         (ii) Orthopedist.
  108         (jj) Otologist.
  109         (kk) Otolaryngologist.
  110         (ll) Otorhinolaryngologist.
  111         (mm) Pathologist.
  112         (nn) Pediatrician.
  113         (oo) Primary care physician.
  114         (pp) Proctologist.
  115         (qq) Psychiatrist.
  116         (rr) Radiologist.
  117         (ss) Rheumatologist.
  118         (tt) Rhinologist.
  119         (uu) Urologist.
  120         (3) Notwithstanding subsection (2):
  121         (a) A licensed practitioner may use the name or title of
  122  his or her profession which is authorized under his or her
  123  practice act, and any corresponding designations or initials so
  124  authorized, to describe himself or herself and his or her
  125  practice.
  126         (b) A licensed practitioner who has a specialty area of
  127  practice authorized under his or her practice act may use the
  128  following format to identify himself or herself or describe his
  129  or her practice: “...(name or title of the practitioner’s
  130  profession)..., specializing in ...(name of the practitioner’s
  131  specialty)....”
  132         (c) A chiropractic physician licensed under chapter 460 may
  133  use the titles “chiropractic physician,” “doctor of chiropractic
  134  medicine,” “chiropractic radiologist,” and other titles,
  135  abbreviations, or designations authorized under his or her
  136  practice act or reflecting those chiropractic specialty areas in
  137  which the chiropractic physician has attained diplomate status
  138  as recognized by the American Chiropractic Association, the
  139  International Chiropractors Association, the International
  140  Academy of Clinical Neurology, or the International Chiropractic
  141  Pediatric Association.
  142         (d) A podiatric physician licensed under chapter 461 may
  143  use the following titles and abbreviations as applicable to his
  144  or her license, specialty, and certification: “podiatric
  145  physician,” “podiatric surgeon,” “Fellow in the American College
  146  of Foot and Ankle Surgeons,” and other titles or abbreviations
  147  authorized under his or her practice act.
  148         (e) A dentist licensed under chapter 466 may use the
  149  following titles and abbreviations as applicable to his or her
  150  license, specialty, and certification: “doctor of medicine in
  151  dentistry,” “doctor of dental medicine,” “D.M.D.,” “doctor of
  152  dental surgery,” “D.D.S.,” “oral surgeon,” “maxillofacial
  153  surgeon,” “oral and maxillofacial surgeon,” “O.M.S.,” “oral
  154  radiologist,” “dental anesthesiologist,” “oral pathologist,” and
  155  any other titles or abbreviations authorized under his or her
  156  practice act.
  157         (f) An anesthesiologist assistant licensed under chapter
  158  458 or chapter 459 may use only the titles “anesthesiologist
  159  assistant” or “certified anesthesiologist assistant” and the
  160  abbreviation “C.A.A.”
  161         (4) This section may not be construed to prohibit or
  162  interfere with a licensed practitioner’s ability to lawfully
  163  bill the Medicare program or other federal health care program
  164  using definitions or terminology provided under applicable
  165  federal law or regulations for services rendered to a patient
  166  enrolled in such program.
  167         Section 3. Paragraph (t) of subsection (1) of section
  168  456.072, Florida Statutes, is amended to read:
  169         456.072 Grounds for discipline; penalties; enforcement.—
  170         (1) The following acts shall constitute grounds for which
  171  the disciplinary actions specified in subsection (2) may be
  172  taken:
  173         (t)1.A practitioner’s failure, when treating or consulting
  174  with a patient, Failing to identify through written notice,
  175  which may include the wearing of a name tag the practitioner’s
  176  name and profession, as defined in s. 456.0651, or orally to a
  177  patient the type of license under which the practitioner is
  178  practicing. The information on the name tag must be consistent
  179  with the specifications of s. 456.0651(2) such that it does not
  180  constitute the unlicensed practice of medicine or osteopathic
  181  medicine.
  182         2.The failure of any advertisement for health care
  183  services naming the practitioner to must identify the
  184  profession, as defined in s. 456.0651, under which the
  185  practitioner is practicing and the practitioner’s educational
  186  degree, as defined in s. 456.0651, in relation to the services
  187  featured in the advertisement type of license the practitioner
  188  holds.
  189         3. Subparagraph 1. This paragraph does not apply to a
  190  practitioner while the practitioner is providing services in his
  191  or her own office that houses his or her practice or group
  192  practice. In such a case, if the practitioner chooses not to
  193  wear a name tag, the practitioner must prominently display a
  194  copy of his or her license in a conspicuous area of the practice
  195  so that it is easily visible to patients. The copy of the
  196  license must be no smaller than the original license. Such
  197  practitioner shall also verbally identify himself or herself to
  198  a new patient by name and identify the profession, as defined in
  199  s. 456.0651, under which the practitioner is practicing. Such
  200  verbal identification must be consistent with the specifications
  201  of s. 456.0651(2) such that it does not constitute the
  202  unlicensed practice of medicine or osteopathic medicine a
  203  facility licensed under chapter 394, chapter 395, chapter 400,
  204  or chapter 429.
  205         4. Each board, or the department if where there is no
  206  board, shall is authorized by rule to determine how its
  207  practitioners must may comply with this paragraph disclosure
  208  requirement.
  209         Section 4. This act shall take effect July 1, 2024.
  210  
  211  ================= T I T L E  A M E N D M E N T ================
  212  And the title is amended as follows:
  213         Delete everything before the enacting clause
  214  and insert:
  215                        A bill to be entitled                      
  216         An act relating to health care practitioner titles and
  217         designations; amending s. 456.003, F.S.; revising
  218         legislative findings; creating s. 456.0651, F.S.;
  219         defining terms; providing that, for specified
  220         purposes, the use of specified titles or designations
  221         in connection with one’s name constitutes the practice
  222         of medicine or the practice of osteopathic medicine;
  223         providing exceptions; providing construction; amending
  224         s. 456.072, F.S.; revising grounds for disciplinary
  225         action relating to a practitioner’s use of such titles
  226         or designations in identifying himself or herself to
  227         patients or in advertisements for health care
  228         services; revising applicability; requiring certain
  229         health care practitioners to prominently display a
  230         copy of their license in a conspicuous area of their
  231         practice; requiring that the copy of the license be a
  232         specified size; requiring such health care
  233         practitioners to also verbally identify themselves in
  234         a specified manner to new patients; requiring, rather
  235         than authorizing, certain boards, or the Department of
  236         Health if there is no board, to adopt certain rules;
  237         providing an effective date.