Florida 2024 2024 Regular Session

Florida House Bill H1295 Comm Sub / Bill

Filed 02/02/2024

                       
 
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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 45 6.0651, 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 dissem inated 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 p ractice, 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 fraudule nt 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     
 
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 (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)  Emergency physician. 74 
 (f)  Family physician. 75     
 
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 (g)  Interventional pain physician. 76 
 (h)  Medical doctor. 77 
 (i)  Osteopath. 78 
 (j)  Osteopathic physician. 79 
 (k)  Doctor of osteopathic m edicine. 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     
 
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 (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     
 
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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 460 129 
may use the titles "chiropractic physician," "doctor of 130 
chiropractic medicine," "chiropractic radiologist," and other 131 
titles, abbreviations, or designations authorized under his or 132 
her practice act or reflecting those chiropractic specialty 133 
areas in which the chiropractic physician has attained diplomate 134 
status as recognized by the American Chiropractic Association, 135 
the International Chiropractors Association, the International 136 
Academy of Clinical Neurology, or the International Chiropractic 137 
Pediatric Association. 138 
 (d)  A podiatric physician licensed under chapter 461 may 139 
use the following titles and abbreviations as applicable to his 140 
or her license, specialty, and certification: "podiatric 141 
physician," "podiatric surgeon," "Fellow in the American College 142 
of Foot and Ankle Surgeons," and other titles or abbreviations 143 
authorized under his or her practice act. 144 
 (e)  A dentist licensed under chapter 466 may use the 145 
following titles and abbreviations as applicable to his or her 146 
license, specialty, and certification: "doctor of medicine in 147 
dentistry," "doctor of dental medicine," "D. M.D.," "doctor of 148 
dental surgery," "D.D.S.," "oral surgeon," "maxillofacial 149 
surgeon," "oral and maxillofacial surgeon," "O.M.S.," "oral 150     
 
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radiologist," "dental anesthesiologist," "oral pathologist," and 151 
other titles or abbreviations authorized under his or h er 152 
practice act. 153 
 (f)  An anesthesiologist assistant licensed under chapter 154 
458 or chapter 459 may use only the titles "anesthesiologist 155 
assistant" or "certified anesthesiologist assistant" and the 156 
abbreviation "C.A.A." 157 
 (g)  An optometrist licensed under chapter 463 may use the 158 
following titles and abbreviations as applicable to his or her 159 
license, specialty, and certification: "doctor of optometry," 160 
"optometric physician," and other titles or abbreviations 161 
authorized under his or her practice act. 162 
 Section 2.  Paragraph (t) of subsection (1) of section 163 
456.072, Florida Statutes, is amended to read: 164 
 456.072  Grounds for discipline; penalties; enforcement. — 165 
 (1)  The following acts shall constitute grounds for which 166 
the disciplinary actions specified in subsection (2) may be 167 
taken: 168 
 (t)1.  A practitioner's failure, when treating or 169 
consulting with a patient, Failing to identify through written 170 
notice, which may include the wearing of a name tag the 171 
practitioner's name and , or orally to a patient the profession, 172 
as defined in s. 456.0651, type of license under which the 173 
practitioner is practicing. The information on the name tag must 174 
be consistent with the specifications of s. 456.0651(2) such 175     
 
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that it does not constitute the unlicensed practice of medici ne 176 
or osteopathic medicine. 177 
 2.  The failure of any advertisement for health care 178 
services naming the practitioner to must identify the 179 
profession, as defined in s. 456.0651, under which the 180 
practitioner is practicing and the practitioner's educational 181 
degree, as defined in s. 456.0651, in relation to the services 182 
featured in the advertisement type of license the practitioner 183 
holds. 184 
 3.  Subparagraph 1. This paragraph does not apply to a 185 
practitioner while the practitioner is providing services in his 186 
or her own office that houses his or her practice or group 187 
practice. In such a case, in lieu of a name tag, the 188 
practitioner must prominently display a copy of his or her 189 
license in a conspicuous area of the practice so that it is 190 
easily visible to patients. Th e copy of the license must be no 191 
smaller than the original license. The practitioner must also 192 
verbally identify himself or herself to a new patient by name 193 
and identify the profession, as defined in s. 456.0651, under 194 
which the practitioner is practicing. Such verbal identification 195 
must be consistent with the specifications of s. 456.0651(2) 196 
such that it does not constitute the unlicensed practice of 197 
medicine or osteopathic medicine a facility licensed under 198 
chapter 394, chapter 395, chapter 400, or chapte r 429. 199 
 4. Each board, or the department if where there is no 200     
 
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board, shall is authorized by rule to determine how its 201 
practitioners must may comply with this paragraph disclosure 202 
requirement. 203 
 Section 3.  This act shall take effect July 1, 2024. 204