Florida 2023 2023 Regular Session

Florida House Bill H0583 Comm Sub / Bill

Filed 04/04/2023

                       
 
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A bill to be entitled 1 
An act relating to health care practitioner titles and 2 
abbreviations; creating s. 456.0651, F.S.; defining 3 
terms; providing that, for specified purposes, the use 4 
of specified titles or designations in connection with 5 
one's name constitutes the practice of medicine or the 6 
practice of osteopathic medicine; providing 7 
exceptions; amending s. 456.072, F.S.; revising 8 
grounds for disciplinary action relating to a 9 
practitioner's use of such titles or designations in 10 
identifying himself or herself to patients or in 11 
advertisements for health care services; revising 12 
applicability; requiring certain health care 13 
practitioners to prominently display copies of their 14 
licenses in a conspicuous area of their practices; 15 
requiring that the copy of the license be a specified 16 
size; requiring such health care practitioners to also 17 
verbally identify themselves in a specified manner to 18 
new patients; requiring, rather than authorizing, 19 
certain boards or the Department of Health if there is 20 
no board, to adopt certain rules ; providing an 21 
effective date. 22 
 23 
Be It Enacted by the Legislature of the State of Florida: 24 
 25     
 
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 Section 1.  Section 456.0651, Florida Statutes, is created 26 
to read: 27 
 456.0651  Health care practitioner titles and 28 
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 en courage 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. 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 misrepre sents or falsely describes a 48 
practitioner's profession, skills, training, expertise, 49 
educational degree, board certification, or licensure. 50     
 
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 (d)  "Practitioner" means a health care practitioner as 51 
defined in s. 456.001. 52 
 (e)  "Profession" in addition to th e 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, licen se 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, an y 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     
 
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 (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     
 
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 (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     
 
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following format to identify himself or herself or describe his 126 
or her practice: "...(name or title of the practitioner's 127 
profession)..., spec ializing in ...(name of the practitioner's 128 
specialty)...." 129 
 (c)  A chiropractic physician licensed under chapter 460 130 
may use the titles "chiropractic physician," "doctor of 131 
chiropractic medicine," "chiropractic radiologist," and other 132 
titles, abbreviations , or designations authorized under his or 133 
her practice act or reflecting those chiropractic specialty 134 
areas in which the chiropractic physician has attained diplomate 135 
status as recognized by the American Chiropractic Association, 136 
the International Chiropra ctors 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 chapte r 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," "maxillo facial 150     
 
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surgeon," "oral and maxillofacial surgeon," "O.M.S.," "oral 151 
radiologist," "dental anesthesiologist," "oral pathologist," and 152 
other titles or abbreviations authorized under his or her 153 
practice act. 154 
 (f)  An anesthesiologist assistant licensed under c hapter 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 
 (g)  An optometrist licensed under chapter 463 may use the 159 
following titles and abbreviations as applicable to his or her 160 
license, specialty, and certification: "doctor of optometry," 161 
"optometric physician," and other titles or abbreviations 162 
authorized under his or her practice act. 163 
 Section 2.  Paragraph (t) of subsection (1) of section 164 
456.072, Florida Statutes, is amended to read: 165 
 456.072  Grounds for discipline; penalties; enforcement. — 166 
 (1)  The following acts shall constitute grounds for which 167 
the disciplinary actions specified in subsection (2) may be 168 
taken: 169 
 (t)1.  A practitioner's failure, when treating or 170 
consulting with a patient, Failing to identify through written 171 
notice, which may include the wearing of a name tag the 172 
practitioner's name and , or orally to a patient the profession, 173 
as defined in s. 456.0651, type of license under which the 174 
practitioner is practicing. The information on the name tag must 175     
 
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be consistent with the specifications of s. 456.0651(2) such 176 
that it does not constitute the unlicensed practice of medicine 177 
or osteopathic medicine. 178 
 2.  The failure of any advertisement for health care 179 
services naming the practitioner to must identify the 180 
profession, as defined in s. 456.0651, under which the 181 
practitioner is practicing and the practitioner's educational 182 
degree, as defined in s. 456.0651, in relation to the services 183 
featured in the advertisement type of license the practitioner 184 
holds. 185 
 3.  Subparagraph 1. This paragraph does not apply to a 186 
practitioner while the practitioner is providing services in his 187 
or her own office that houses his or her practice or group 188 
practice. In such a case, in lieu of a name tag, the 189 
practitioner must prominently display a copy of his or her 190 
license in a conspicuous area of the practice so that it is 191 
easily visible to patients. The copy of the license must be no 192 
smaller than the original license . The practitioner must also 193 
verbally identify himself or herself to a new patient by name 194 
and identify the profession, as defined in s. 456.0651, under 195 
which the practitioner is practicing. Such verbal identification 196 
must be consistent with the specificat ions of s. 456.0651(2) 197 
such that it does not constitute the unlicensed practice of 198 
medicine or osteopathic medicine a facility licensed under 199 
chapter 394, chapter 395, chapter 400, or chapter 429 . 200     
 
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 4. Each board, or the department if where there is no 201 
board, shall is authorized by rule to determine how its 202 
practitioners must may comply with this paragraph disclosure 203 
requirement. 204 
 Section 3.  This act shall take effect July 1, 2023. 205