Florida 2023 Regular Session

Florida House Bill H0583 Compare Versions

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1010 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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1414 A bill to be entitled 1
1515 An act relating to health care practitioner titles and 2
16-abbreviations; creating s. 456.0651, F.S.; defining 3
17-terms; providing that, for specified purposes, the use 4
18-of specified titles or designations in connection with 5
19-one's name constitutes the practice of medicine or the 6
20-practice of osteopathic medicine; providing 7
21-exceptions; amending s. 456.072, F.S.; revising 8
22-grounds for disciplinary action relating to a 9
23-practitioner's use of such titles or designations in 10
24-identifying himself or herself to patients or in 11
25-advertisements for health care services; revising 12
26-applicability; requiring certain health care 13
27-practitioners to prominently display copies of their 14
28-licenses in a conspicuous area of their practices; 15
29-requiring that the copy of the license be a specified 16
30-size; requiring such health care practitioners to also 17
31-verbally identify themselves in a specified manner to 18
32-new patients; requiring, rather than authorizing, 19
33-certain boards or the Department of Health if there is 20
34-no board, to adopt certain rules ; providing an 21
35-effective date. 22
36- 23
37-Be It Enacted by the Legislature of the State of Florida: 24
38- 25
16+abbreviations; creating s. 456.0393, F.S.; defining 3
17+the terms "advertisement" and "deceptive or misleading 4
18+terms or false representation"; specifying which 5
19+titles and abbreviations health care practitioners may 6
20+use in their advertisements, communications, and 7
21+personal identification; requiring health care 8
22+practitioners to disclose specified information and 9
23+use only authorized titles and abbreviations in their 10
24+advertisements; prohibiting health care practitioners 11
25+from using deceptive or misleading terms or false 12
26+representations in their advertisements; author izing 13
27+health care practitioners who treat patients in person 14
28+to wear a badge or clothing that clearly discloses 15
29+specified information; requiring certain health care 16
30+practitioners to prominently display a copy of their 17
31+license in a conspicuous area of their practices; 18
32+requiring that the copy of the license be a specified 19
33+size; providing for denial of licensure and 20
34+disciplinary action; requiring certain boards, and the 21
35+Department of Health when there is no board, to adopt 22
36+rules; providing an effective date. 23
37+ 24
38+Be It Enacted by the Legislature of the State of Florida: 25
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4747 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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51- Section 1. Section 456.0651, Florida Statutes, is created 26
52-to read: 27
53- 456.0651 Health care practitioner titles and 28
54-designations. 29
55- (1) As used in this section, the term: 30
56- (a) "Advertisement" means any printed, electronic, or oral 31
57-statement that: 32
58- 1. Is communicated or disseminated to the general public. 33
59- 2.a. Is intended to en courage a person to use a 34
60-practitioner's professional services or to promote those 35
61-services or the practitioner in general; or 36
62- b. For commercial purposes, names a practitioner in 37
63-connection with the practice, profession, or institution in 38
64-which the practitioner is employed, volunteers, or provides 39
65-health care services. 40
66- 3. Is prepared, communicated, or disseminated under the 41
67-control of the practitioner or with the practitioner's consent. 42
68- (b) "Educational degree" means the degree awarded to a 43
69-practitioner by a college or university relating to the 44
70-practitioner's profession or specialty designation which may be 45
71-referenced in an advertisement by name or acronym. 46
72- (c) "Misleading, deceptive, or fraudulent representation" 47
73-means any information that misrepre sents or falsely describes a 48
74-practitioner's profession, skills, training, expertise, 49
75-educational degree, board certification, or licensure. 50
51+ 26
52+ Section 1. Section 456.0393, Florida Statutes, is created 27
53+to read: 28
54+ 456.0393 Health care practitioner titles and 29
55+abbreviations; advertisements, communications, and personal 30
56+identification.— 31
57+ (1) As used in this section, the term: 32
58+ (a) "Advertisement" means any communication, printed, 33
59+electronic, or oral, that names a health care practitioner and 34
60+the practice, profession, or institution in which the 35
61+practitioner is employed, volunteers, or otherwise provides 36
62+health care services. The term includes business cards, 37
63+identification badges, letterhead, patient brochures, e -mails, 38
64+Internet websites or platforms, audio and video communications, 39
65+text messages, and any other form of communication. 40
66+ (b) "Deceptive or misleading terms or false 41
67+representation" means the use of titles, terms, or other words 42
68+that misstate, falsely describe, falsely hold out, or falsely 43
69+detail the health care practitioner's professional skills, 44
70+training, expertise, educat ion, board certification, or 45
71+licensure, and includes the misappropriation of medical titles 46
72+and medical specialty titles by nonphysicians. 47
73+ (2) Health care practitioners may use titles and 48
74+abbreviations in their advertisements, communications, and 49
75+personal identification, only as follows: 50
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8484 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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88- (d) "Practitioner" means a health care practitioner as 51
89-defined in s. 456.001. 52
90- (e) "Profession" in addition to th e meaning provided in s. 53
91-456.001, also means the name or title of a practitioner's 54
92-profession that is regulated by the department in the Division 55
93-of Medical Quality Assurance and which is allowed to be used by 56
94-an individual due to his or her license, licen se by endorsement, 57
95-certification, or registration issued by a board or the 58
96-department. The term does not include a practitioner's license 59
97-or educational degree. 60
98- (2) For purposes of this section and s. 456.065, in 61
99-addition to the definition of "practice of medicine" in s. 62
100-458.305 and the definition of "practice of osteopathic medicine" 63
101-in s. 459.003, the practice of medicine or osteopathic medicine 64
102-also includes attaching to one's name, either alone or in 65
103-combination, or in connection with other words, an y of the 66
104-following titles or designations, if used in an advertisement or 67
105-in a manner that constitutes a misleading, deceptive, or 68
106-fraudulent representation: 69
107- (a) Doctor of medicine. 70
108- (b) M.D. 71
109- (c) Doctor of osteopathy. 72
110- (d) D.O. 73
111- (e) Physician. 74
112- (f) Emergency physician. 75
88+ (a) Physicians licensed under chapter 458 or chapter 459 51
89+may use any of the following titles and abbreviations only as 52
90+applicable to their license, specialties, and certifications: 53
91+"M.D.," "D.O.," "doctor," "doctor of m edicine," "medical 54
92+doctor," "doctor of osteopathic medicine," "physician," 55
93+"surgeon," "general surgeon," "neurosurgeon," "orthopedic 56
94+surgeon," "medical resident," "medical intern," 57
95+"anesthesiologist," "cardiologist," "dermatologist," 58
96+"endocrinologist," "ga stroenterologist," "general practitioner," 59
97+"gynecologist," "hematologist," "hospitalist," "intensivist," 60
98+"internist," "interventional pain medicine physician," 61
99+"laryngologist," "nephrologist," "neurologist," "obstetrician," 62
100+"oncologist," "ophthalmologist," "orthopedic surgeon," 63
101+"orthopedist," "osteopath," "otologist," "otolaryngologist," 64
102+"otorhinolaryngologist," "pathologist," "pediatrician," "primary 65
103+care physician," "proctologist," "psychiatrist," "radiologist," 66
104+"rheumatologist," "rhinologist," and "urolo gist," or any other 67
105+title, word, abbreviation, description of services or 68
106+designation, alone or in combination with any other title, to 69
107+indicate or induce others to believe that he or she is licensed 70
108+to practice medicine. 71
109+ 1. Chiropractic physicians licen sed under chapter 460 may 72
110+use the titles "chiropractic physician" and "doctor of 73
111+chiropractic medicine" and may use the abbreviation "D.C." A 74
112+chiropractic physician who has attained diplomate status in a 75
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121121 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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125- (g) Family physician. 76
126- (h) Interventional pain physician. 77
127- (i) Medical doctor. 78
128- (j) Osteopath. 79
129- (k) Osteopathic physician. 80
130- (l) Doctor of osteopathic medicine. 81
131- (m) Surgeon. 82
132- (n) Neurosurgeon. 83
133- (o) General surgeon. 84
134- (p) Resident physician. 85
135- (q) Medical resident. 86
136- (r) Medical intern. 87
137- (s) Anesthesiologist. 88
138- (t) Cardiologist. 89
139- (u) Dermatologist. 90
140- (v) Endocrinologist. 91
141- (w) Gastroenterologist. 92
142- (x) Gynecologist. 93
143- (y) Hematologist. 94
144- (z) Hospitalist. 95
145- (aa) Intensivist. 96
146- (bb) Internist. 97
147- (cc) Laryngologist. 98
148- (dd) Nephrologist. 99
149- (ee) Neurologist. 100
125+chiropractic specialty area recognized by the Americ an 76
126+Chiropractic Association, the International Chiropractic 77
127+Association, or the International Academy of Clinical Neurology 78
128+before July 1, 2025, may use the applicable titles in this 79
129+paragraph in conjunction with his or her name and title to 80
130+reflect such specialty area. 81
131+ 2. Podiatric physicians licensed under chapter 461 may use 82
132+any of the following titles and abbreviations only as applicable 83
133+to their license, specialties, and certifications: "podiatric 84
134+physician," "doctor of podiatric medicine," "D.P.M.," 85
135+"podiatrist," "podiatric surgeon," "Fellow in the American 86
136+College of Foot and Ankle Surgeons," and "F.A.C.F.A.S." 87
137+ 3. Dentists licensed under chapter 466 may use any of the 88
138+following titles and abbreviations only as applicable to their 89
139+license, specialties, and certifications: "doctor of medicine in 90
140+dentistry," "doctor of dental medicine," "D.M.D.," "doctor of 91
141+dental surgery," "D.D.S.," "oral and maxillofacial surgeon," 92
142+"O.M.S.," "periodontist," "prosthodontist," "endodontist," 93
143+"pediatric dentist," "orth odontist," "oral pathologist," and 94
144+"oral radiologist." A dentist who has completed a dental 95
145+anesthesiology residency recognized by the American Dental Board 96
146+of Anesthesiology before July 1, 2025, may use the applicable 97
147+titles in this paragraph in conjuncti on with his or her name and 98
148+title to reflect such residency training. 99
149+ (b) Registered nurses licensed under part I of chapter 464 100
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158158 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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162- (ff) Obstetrician. 101
163- (gg) Oncologist. 102
164- (hh) Ophthalmologist. 103
165- (ii) Orthopedic surgeon. 104
166- (jj) Orthopedist. 105
167- (kk) Otologist. 106
168- (ll) Otolaryngologist. 107
169- (mm) Otorhinolaryngologist. 108
170- (nn) Pathologist. 109
171- (oo) Pediatrician. 110
172- (pp) Primary care physician. 111
173- (qq) Proctologist. 112
174- (rr) Psychiatrist. 113
175- (ss) Radiologist. 114
176- (tt) Rheumatologist. 115
177- (uu) Rhinologist. 116
178- (vv) Urologist. 117
179- (3) Notwithstanding subsection (2): 118
180- (a) A licensed practitioner may use the name or title of 119
181-his or her profession which is authorized under his or her 120
182-practice act, and any corresponding designations or initials so 121
183-authorized, to describe himself or herself and his or her 122
184-practice. 123
185- (b) A licensed practitioner who has a specialty area of 124
186-practice authorized under his or her practice act may use the 125
162+may use only the title "registered nurse" and the abbreviation 101
163+"R.N." 102
164+ (c) Licensed practical nurses licensed under part I o f 103
165+chapter 464 may use only the title "licensed practical nurse" 104
166+and the abbreviation "L.P.N." 105
167+ (d) Advanced practice registered nurses licensed under 106
168+part I of chapter 464 may use only the title "advanced practice 107
169+registered nurse" or abbreviation "A.P.R. N." and the following 108
170+role titles and abbreviations, as applicable: 109
171+ 1. "Certified registered nurse anesthetist," "nurse 110
172+anesthetist," and "C.R.N.A." 111
173+ 2. "Clinical nurse specialist" and "C.N.S." 112
174+ 3. "Certified nurse practitioner" and "C.N.P." 113
175+ 4. "Certified nurse midwife" and "C.N.M." 114
176+ 5. "Certified psychiatric nurse," "psychiatric mental 115
177+health advanced practice nurse," and "C.P.N." 116
178+ 6. "Autonomous advanced practice registered nurse" and 117
179+"A.-A.P.R.N." 118
180+ (e) Physician assistants licensed under ch apter 458 or 119
181+chapter 459 may use only the title "physician assistant" and the 120
182+abbreviations "P.A." or "P.A. -C." 121
183+ (f) Anesthesiologist assistants licensed under chapter 458 122
184+or chapter 459 may use only the title "anesthesiologist 123
185+assistant" or "anesthetist" or the abbreviation "A.A." 124
186+ (g) All other health care practitioners may use only the 125
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195195 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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199-following format to identify himself or herself or describe his 126
200-or her practice: "...(name or title of the practitioner's 127
201-profession)..., spec ializing in ...(name of the practitioner's 128
202-specialty)...." 129
203- (c) A chiropractic physician licensed under chapter 460 130
204-may use the titles "chiropractic physician," "doctor of 131
205-chiropractic medicine," "chiropractic radiologist," and other 132
206-titles, abbreviations , or designations authorized under his or 133
207-her practice act or reflecting those chiropractic specialty 134
208-areas in which the chiropractic physician has attained diplomate 135
209-status as recognized by the American Chiropractic Association, 136
210-the International Chiropra ctors Association, the International 137
211-Academy of Clinical Neurology, or the International Chiropractic 138
212-Pediatric Association. 139
213- (d) A podiatric physician licensed under chapter 461 may 140
214-use the following titles and abbreviations as applicable to his 141
215-or her license, specialty, and certification: "podiatric 142
216-physician," "podiatric surgeon," "Fellow in the American College 143
217-of Foot and Ankle Surgeons," and other titles or abbreviations 144
218-authorized under his or her practice act. 145
219- (e) A dentist licensed under chapte r 466 may use the 146
220-following titles and abbreviations as applicable to his or her 147
221-license, specialty, and certification: "doctor of medicine in 148
222-dentistry," "doctor of dental medicine," "D.M.D.," "doctor of 149
223-dental surgery," "D.D.S.," "oral surgeon," "maxillo facial 150
199+titles and abbreviations authorized by their respective practice 126
200+acts and this paragraph. Any nonphysician health care 127
201+practitioner who has obtained a doctoral degree un der the 128
202+profession governed by the applicable practice act may use the 129
203+letter "D." in front of the abbreviations authorized by the 130
204+health care practitioner's respective practice act. However, a 131
205+nonphysician health care practitioner may not use the title 132
206+"doctor" in any form of advertisement, telehealth interaction, 133
207+text message, or verbal communication without clearly 134
208+identifying himself or herself as a "doctor" of a specific 135
209+profession, citing the applicable chapter under which the health 136
210+care practitioner is licensed. 137
211+ (3)(a) Any advertisement by a health care practitioner 138
212+must disclose the type of license under which the health care 139
213+practitioner is authorized to provide services and must use only 140
214+those titles and abbreviations authorized under subsection (2). 141
215+Only physicians may include titles and abbreviations or medical 142
216+specialties in their advertisements, as specified in paragraph 143
217+(2)(a). 144
218+ (b) Health care practitioners may not use deceptive or 145
219+misleading terms or false representation in their 146
220+advertisements. 147
221+ (4) Health care practitioners who treat patients in person 148
222+may wear a name badge or other form of identification on their 149
223+clothing that clearly discloses the practitioner's name, the 150
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232232 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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236-surgeon," "oral and maxillofacial surgeon," "O.M.S.," "oral 151
237-radiologist," "dental anesthesiologist," "oral pathologist," and 152
238-other titles or abbreviations authorized under his or her 153
239-practice act. 154
240- (f) An anesthesiologist assistant licensed under c hapter 155
241-458 or chapter 459 may use only the titles "anesthesiologist 156
242-assistant" or "certified anesthesiologist assistant" and the 157
243-abbreviation "C.A.A." 158
244- (g) An optometrist licensed under chapter 463 may use the 159
245-following titles and abbreviations as applicable to his or her 160
246-license, specialty, and certification: "doctor of optometry," 161
247-"optometric physician," and other titles or abbreviations 162
248-authorized under his or her practice act. 163
249- Section 2. Paragraph (t) of subsection (1) of section 164
250-456.072, Florida Statutes, is amended to read: 165
251- 456.072 Grounds for discipline; penalties; enforcement. — 166
252- (1) The following acts shall constitute grounds for which 167
253-the disciplinary actions specified in subsection (2) may be 168
254-taken: 169
255- (t)1. A practitioner's failure, when treating or 170
256-consulting with a patient, Failing to identify through written 171
257-notice, which may include the wearing of a name tag the 172
258-practitioner's name and , or orally to a patient the profession, 173
259-as defined in s. 456.0651, type of license under which the 174
260-practitioner is practicing. The information on the name tag must 175
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273-be consistent with the specifications of s. 456.0651(2) such 176
274-that it does not constitute the unlicensed practice of medicine 177
275-or osteopathic medicine. 178
276- 2. The failure of any advertisement for health care 179
277-services naming the practitioner to must identify the 180
278-profession, as defined in s. 456.0651, under which the 181
279-practitioner is practicing and the practitioner's educational 182
280-degree, as defined in s. 456.0651, in relation to the services 183
281-featured in the advertisement type of license the practitioner 184
282-holds. 185
283- 3. Subparagraph 1. This paragraph does not apply to a 186
284-practitioner while the practitioner is providing services in his 187
285-or her own office that houses his or her practice or group 188
286-practice. In such a case, in lieu of a name tag, the 189
287-practitioner must prominently display a copy of his or her 190
288-license in a conspicuous area of the practice so that it is 191
289-easily visible to patients. The copy of the license must be no 192
290-smaller than the original license . The practitioner must also 193
291-verbally identify himself or herself to a new patient by name 194
292-and identify the profession, as defined in s. 456.0651, under 195
293-which the practitioner is practicing. Such verbal identification 196
294-must be consistent with the specificat ions of s. 456.0651(2) 197
295-such that it does not constitute the unlicensed practice of 198
296-medicine or osteopathic medicine a facility licensed under 199
297-chapter 394, chapter 395, chapter 400, or chapter 429 . 200
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310- 4. Each board, or the department if where there is no 201
311-board, shall is authorized by rule to determine how its 202
312-practitioners must may comply with this paragraph disclosure 203
313-requirement. 204
314- Section 3. This act shall take effect July 1, 2023. 205
236+practitioner's staff position, if applicable, and the type of 151
237+license, registration, or certification held by the 152
238+practitioner. Any title or abbreviation used in such 153
239+identification must be consistent with the requirements of this 154
240+section. 155
241+ (5) If a health care practitioner treats patients in a 156
242+setting other than a h ealth care facility licensed under chapter 157
243+395 or chapter 400, the health care practitioner must 158
244+prominently display a copy of his or her license in a 159
245+conspicuous area of the practice so that it is easily visible to 160
246+patients. The copy of the license must b e no smaller than the 161
247+original license. 162
248+ (6) Any violation of this section constitutes grounds for 163
249+denial of a license or disciplinary action as specified in the 164
250+health care practitioner's respective practice act and as 165
251+specified in s. 456.072(2). 166
252+ (7) Each board, or the department where there is no board, 167
253+shall adopt rules pursuant to ss. 120.536(1) and 120.54 to 168
254+implement this section. 169
255+ Section 2. This act shall take effect July 1, 2023. 170