Florida Senate - 2024                                    SB 1112
       By Senator Harrell
       31-01341-24                                           20241112__
    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 degree
   45  may be 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's Division of
   55  Medical Quality Assurance and which name or title is allowed to
   56  be used by an individual due to his or her license, license by
   57  endorsement, certification, or registration issued by a board or
   58  the department. The term does not include a practitioner’s
   59  license or educational degree.
   60         (2) For purposes of this section and s. 456.065, in
   61  addition to the definitions of the terms “practice of medicine”
   62  in s. 458.305 and “practice of osteopathic medicine” in s.
   63  459.003, the practice of medicine or osteopathic medicine also
   64  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)Emergency physician.
   74         (f)Family physician.
   75         (g)Interventional pain physician.
   76         (h)Medical doctor.
   77         (i)Osteopath.
   78         (j)Osteopathic physician.
   79         (k) Doctor of osteopathic medicine.
   80         (l)Surgeon.
   81         (m) Neurosurgeon.
   82         (n) General surgeon.
   83         (o) Resident physician.
   84         (p) Medical resident.
   85         (q) Medical intern.
   86         (r) Anesthesiologist.
   87         (s) Cardiologist.
   88         (t) Dermatologist.
   89         (u) Endocrinologist.
   90         (v) Gastroenterologist.
   91         (w) Gynecologist.
   92         (x) Hematologist.
   93         (y) Hospitalist.
   94         (z) Intensivist.
   95         (aa) Internist.
   96         (bb) Laryngologist.
   97         (cc) Nephrologist.
   98         (dd) Neurologist.
   99         (ee) Obstetrician.
  100         (ff) Oncologist.
  101         (gg) Ophthalmologist.
  102         (hh) Orthopedic surgeon.
  103         (ii) Orthopedist.
  104         (jj) Otologist.
  105         (kk) Otolaryngologist.
  106         (ll) Otorhinolaryngologist.
  107         (mm) Pathologist.
  108         (nn) Pediatrician.
  109         (oo) Primary care physician.
  110         (pp) Proctologist.
  111         (qq) Psychiatrist.
  112         (rr) Radiologist.
  113         (ss) Rheumatologist.
  114         (tt) Rhinologist.
  115         (uu) Urologist.
  116         (3) Notwithstanding subsection (2):
  117         (a) A licensed practitioner may use the name or title of
  118  his or her profession which is authorized under his or her
  119  practice act, and any corresponding designations or initials so
  120  authorized, to describe himself or herself and his or her
  121  practice.
  122         (b) A licensed practitioner who has a specialty area of
  123  practice authorized under his or her practice act may use the
  124  following format to identify himself or herself or describe his
  125  or her practice: “...(name or title of the practitioner’s
  126  profession)..., specializing in ...(name of the practitioner’s
  127  specialty)....”
  128         (c) A chiropractic physician licensed under chapter 460 may
  129  use the titles “doctor of chiropractic medicine,” “chiropractic
  130  radiologist,” and other titles, abbreviations, or designations
  131  authorized under his or her practice act or reflecting those
  132  chiropractic specialty areas in which the chiropractic physician
  133  has attained diplomate status as recognized by the American
  134  Chiropractic Association, the International Chiropractors
  135  Association, the International Academy of Clinical Neurology, or
  136  the International Chiropractic Pediatric Association.
  137         (d) A podiatric physician licensed under chapter 461 may
  138  use the following titles and abbreviations as applicable to his
  139  or her license, specialty, and certification: “podiatric
  140  surgeon,” “Fellow in the American College of Foot and Ankle
  141  Surgeons,” and other titles or abbreviations authorized under
  142  his or her practice act.
  143         (e) A dentist licensed under chapter 466 may use the
  144  following titles and abbreviations as applicable to his or her
  145  license, specialty, and certification: “doctor of medicine in
  146  dentistry,” “doctor of dental medicine,” “D.M.D.,” “doctor of
  147  dental surgery,” “D.D.S.,” “oral surgeon,” “maxillofacial
  148  surgeon,” “oral and maxillofacial surgeon,” “O.M.S.,” “oral
  149  radiologist,” “dental anesthesiologist,” “oral pathologist,” and
  150  any other titles or abbreviations authorized under his or her
  151  practice act.
  152         (f) An anesthesiologist assistant licensed under chapter
  153  458 or chapter 459 may use only the titles “anesthesiologist
  154  assistant” or “certified anesthesiologist assistant” and the
  155  abbreviation “C.A.A.”
  156         Section 2. Paragraph (t) of subsection (1) of section
  157  456.072, Florida Statutes, is amended to read:
  158         456.072 Grounds for discipline; penalties; enforcement.—
  159         (1) The following acts shall constitute grounds for which
  160  the disciplinary actions specified in subsection (2) may be
  161  taken:
  162         (t)1.A practitioner’s failure, when treating or consulting
  163  with a patient, Failing to identify through written notice,
  164  which may include the wearing of a name tag the practitioner’s
  165  name and, or orally to a patient the profession, as defined in
  166  s. 456.0651, type of license under which the practitioner is
  167  practicing. The information on the name tag must be consistent
  168  with the specifications of s. 456.0651(2) such that it does not
  169  constitute the unlicensed practice of medicine or osteopathic
  170  medicine.
  171         2.The failure of any advertisement for health care
  172  services naming the practitioner to must identify the
  173  profession, as defined in s. 456.0651, under which the
  174  practitioner is practicing and the practitioner’s educational
  175  degree, as defined in s. 456.0651, in relation to the services
  176  featured in the advertisement type of license the practitioner
  177  holds.
  178         3. Subparagraph 1. This paragraph does not apply to a
  179  practitioner while the practitioner is providing services in his
  180  or her own office that houses his or her practice or group
  181  practice. In such a case, if the practitioner chooses not to
  182  wear a name tag, the practitioner must prominently display a
  183  copy of his or her license in a conspicuous area of the practice
  184  so that it is easily visible to patients. The copy of the
  185  license must be no smaller than the original license. Such
  186  practitioner shall also verbally identify himself or herself to
  187  a new patient by name and identify the profession, as defined in
  188  s. 456.0651, under which the practitioner is practicing. Such
  189  verbal identification must be consistent with the specifications
  190  of s. 456.0651(2) such that it does not constitute the
  191  unlicensed practice of medicine or osteopathic medicine a
  192  facility licensed under chapter 394, chapter 395, chapter 400,
  193  or chapter 429.
  194         4. Each board, or the department if where there is no
  195  board, shall is authorized by rule to determine how its
  196  practitioners must may comply with this paragraph disclosure
  197  requirement.
  198         Section 3. This act shall take effect July 1, 2024.