FL
Florida House Bill H1295

Florida 2024 Regular Session

Florida House Bill H1295 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
1616 abbreviations; creating s. 456.0651, F.S.; defining 3
1717 terms; providing that, for specified purposes, the use 4
1818 of specified titles or designations in connection with 5
1919 one's name constitutes the practice of medicine or the 6
2020 practice of osteopathic medicine; providing 7
2121 exceptions; amending s. 456.072, F.S.; revising 8
2222 grounds for disciplinary action relating to a 9
2323 practitioner's use of such titles or designations in 10
2424 identifying himself or herself to patients or in 11
2525 advertisements for health care services; revising 12
2626 applicability; requiring certain health care 13
2727 practitioners to prominently display copies of their 14
2828 licenses in a conspicuous area of their practices; 15
2929 requiring that the copy of the license be a specified 16
3030 size; requiring such health care practitioners to also 17
3131 verbally identify themselves in a specified manner to 18
3232 new patients; requiring, rather than authorizing, 19
3333 certain boards or the Department of Health if there is 20
3434 no board, to adopt certain rules ; providing an 21
3535 effective date. 22
3636 23
3737 Be It Enacted by the Legislature of the State of Florida: 24
3838 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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5151 Section 1. Section 45 6.0651, Florida Statutes, is created 26
5252 to read: 27
5353 456.0651 Health care practitioner titles and 28
5454 designations.— 29
5555 (1) As used in this section, the term: 30
5656 (a) "Advertisement" means any printed, electronic, or oral 31
5757 statement that: 32
5858 1. Is communicated or dissem inated to the general public. 33
5959 2.a. Is intended to encourage a person to use a 34
6060 practitioner's professional services or to promote those 35
6161 services or the practitioner in general; or 36
6262 b. For commercial purposes, names a practitioner in 37
6363 connection with the p ractice, profession, or institution in 38
6464 which the practitioner is employed, volunteers, or provides 39
6565 health care services. 40
6666 3. Is prepared, communicated, or disseminated under the 41
6767 control of the practitioner or with the practitioner's consent. 42
6868 (b) "Educational degree" means the degree awarded to a 43
6969 practitioner by a college or university relating to the 44
7070 practitioner's profession or specialty designation which may be 45
7171 referenced in an advertisement by name or acronym. 46
7272 (c) "Misleading, deceptive, or fraudule nt representation" 47
7373 means any information that misrepresents or falsely describes a 48
7474 practitioner's profession, skills, training, expertise, 49
7575 educational degree, board certification, or licensure. 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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8888 (d) "Practitioner" means a health care practitioner as 51
8989 defined in s. 456.001. 52
9090 (e) "Profession" in addition to the meaning provided in s. 53
9191 456.001, also means the name or title of a practitioner's 54
9292 profession that is regulated by the department in the Division 55
9393 of Medical Quality Assurance and which is allowed to be used by 56
9494 an individual due to his or her license, license by endorsement, 57
9595 certification, or registration issued by a board or the 58
9696 department. The term does not include a practitioner's license 59
9797 or educational degree. 60
9898 (2) For purposes of this section and s. 456.065, in 61
9999 addition to the definition of "practice of medicine" in s. 62
100100 458.305 and the definition of "practice of osteopathic medicine" 63
101101 in s. 459.003, the practice of medicine or osteopathic medicine 64
102102 also includes attaching to one's name, either alone or in 65
103103 combination, or in connection with other words, any of the 66
104104 following titles or designations, if used in an advertisement or 67
105105 in a manner that constitutes a misleading, deceptive, or 68
106106 fraudulent representation: 69
107107 (a) Doctor of medicine. 70
108108 (b) M.D. 71
109109 (c) Doctor of osteopathy. 72
110110 (d) D.O. 73
111- (e) Emergency physician. 74
112- (f) Family physician. 75
111+ (e) Physician. 74
112+ (f) Emergency physician. 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) Interventional pain physician. 76
126- (h) Medical doctor. 77
127- (i) Osteopath. 78
128- (j) Osteopathic physician. 79
129- (k) Doctor of osteopathic m edicine. 80
130- (l) Surgeon. 81
131- (m) Neurosurgeon. 82
132- (n) General surgeon. 83
133- (o) Resident physician. 84
134- (p) Medical resident. 85
135- (q) Medical intern. 86
136- (r) Anesthesiologist. 87
137- (s) Cardiologist. 88
138- (t) Dermatologist. 89
139- (u) Endocrinologist. 90
140- (v) Gastroenterologist. 91
141- (w) Gynecologist. 92
142- (x) Hematologist. 93
143- (y) Hospitalist. 94
144- (z) Intensivist. 95
145- (aa) Internist. 96
146- (bb) Laryngologist. 97
147- (cc) Nephrologist. 98
148- (dd) Neurologist. 99
149- (ee) Obstetrician. 100
125+ (g) Family physician. 76
126+ (h) Interventional pain physician. 77
127+ (i) Medical doctor. 78
128+ (j) Osteopath. 79
129+ (k) Osteopathic physici an. 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
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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) Oncologist. 101
163- (gg) Ophthalmologist. 102
164- (hh) Orthopedic surgeon. 103
165- (ii) Orthopedist. 104
166- (jj) Otologist. 105
167- (kk) Otolaryngologist. 106
168- (ll) Otorhinolaryngologist. 107
169- (mm) Pathologist. 108
170- (nn) Pediatrician. 109
171- (oo) Primary care physician. 110
172- (pp) Proctologist. 111
173- (qq) Psychiatrist. 112
174- (rr) Radiologist. 113
175- (ss) Rheumatologist. 114
176- (tt) Rhinologist. 115
177- (uu) Urologist. 116
178- (3) Notwithstanding subsection (2): 117
179- (a) A licensed practitioner may use the name or title of 118
180-his or her profession which is authorized under his or her 119
181-practice act, and any corresponding designations or initials so 120
182-authorized, to describe himself or herself and his or her 121
183-practice. 122
184- (b) A licensed practitioner who has a specialty area of 123
185-practice authorized under his or her practice act may use the 124
186-following format to identify himself or herself or describe his 125
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
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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-or her practice: "...(name or title of the practitioner's 126
200-profession)..., specializing in ...(name of the practitioner's 127
201-specialty)...." 128
202- (c) A chiropractic physician licensed under chapter 460 129
203-may use the titles "chiropractic physician," "doctor of 130
204-chiropractic medicine," "chiropractic radiologist," and other 131
205-titles, abbreviations, or designations authorized under his or 132
206-her practice act or reflecting those chiropractic specialty 133
207-areas in which the chiropractic physician has attained diplomate 134
208-status as recognized by the American Chiropractic Association, 135
209-the International Chiropractors Association, the International 136
210-Academy of Clinical Neurology, or the International Chiropractic 137
211-Pediatric Association. 138
212- (d) A podiatric physician licensed under chapter 461 may 139
213-use the following titles and abbreviations as applicable to his 140
214-or her license, specialty, and certification: "podiatric 141
215-physician," "podiatric surgeon," "Fellow in the American College 142
216-of Foot and Ankle Surgeons," and other titles or abbreviations 143
217-authorized under his or her practice act. 144
218- (e) A dentist licensed under chapter 466 may use the 145
219-following titles and abbreviations as applicable to his or her 146
220-license, specialty, and certification: "doctor of medicine in 147
221-dentistry," "doctor of dental medicine," "D. M.D.," "doctor of 148
222-dental surgery," "D.D.S.," "oral surgeon," "maxillofacial 149
223-surgeon," "oral and maxillofacial surgeon," "O.M.S.," "oral 150
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)..., specializing 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 Chiropractors 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 chapter 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," "maxillofacial 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-radiologist," "dental anesthesiologist," "oral pathologist," and 151
237-other titles or abbreviations authorized under his or h er 152
238-practice act. 153
239- (f) An anesthesiologist assistant licensed under chapter 154
240-458 or chapter 459 may use only the titles "anesthesiologist 155
241-assistant" or "certified anesthesiologist assistant" and the 156
242-abbreviation "C.A.A." 157
243- (g) An optometrist licensed under chapter 463 may use the 158
244-following titles and abbreviations as applicable to his or her 159
245-license, specialty, and certification: "doctor of optometry," 160
246-"optometric physician," and other titles or abbreviations 161
247-authorized under his or her practice act. 162
248- Section 2. Paragraph (t) of subsection (1) of section 163
249-456.072, Florida Statutes, is amended to read: 164
250- 456.072 Grounds for discipline; penalties; enforcement. — 165
251- (1) The following acts shall constitute grounds for which 166
252-the disciplinary actions specified in subsection (2) may be 167
253-taken: 168
254- (t)1. A practitioner's failure, when treating or 169
255-consulting with a patient, Failing to identify through written 170
256-notice, which may include the wearing of a name tag the 171
257-practitioner's name and , or orally to a patient the profession, 172
258-as defined in s. 456.0651, type of license under which the 173
259-practitioner is practicing. The information on the name tag must 174
260-be consistent with the specifications of s. 456.0651(2) such 175
236+surgeon," "oral and maxillofacial surgeon," "O.M.S.," "oral 151
237+radiologist," "dental anesthesiologist," "oral path ologist," and 152
238+other titles or abbreviations authorized under his or her 153
239+practice act. 154
240+ (f) An anesthesiologist assistant licensed under chapter 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; penal ties; 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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269269 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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273-that it does not constitute the unlicensed practice of medici ne 176
274-or osteopathic medicine. 177
275- 2. The failure of any advertisement for health care 178
276-services naming the practitioner to must identify the 179
277-profession, as defined in s. 456.0651, under which the 180
278-practitioner is practicing and the practitioner's educational 181
279-degree, as defined in s. 456.0651, in relation to the services 182
280-featured in the advertisement type of license the practitioner 183
281-holds. 184
282- 3. Subparagraph 1. This paragraph does not apply to a 185
283-practitioner while the practitioner is providing services in his 186
284-or her own office that houses his or her practice or group 187
285-practice. In such a case, in lieu of a name tag, the 188
286-practitioner must prominently display a copy of his or her 189
287-license in a conspicuous area of the practice so that it is 190
288-easily visible to patients. Th e copy of the license must be no 191
289-smaller than the original license. The practitioner must also 192
290-verbally identify himself or herself to a new patient by name 193
291-and identify the profession, as defined in s. 456.0651, under 194
292-which the practitioner is practicing. Such verbal identification 195
293-must be consistent with the specifications of s. 456.0651(2) 196
294-such that it does not constitute the unlicensed practice of 197
295-medicine or osteopathic medicine a facility licensed under 198
296-chapter 394, chapter 395, chapter 400, or chapte r 429. 199
297- 4. Each board, or the department if where there is no 200
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 disp lay 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 specifications of s. 456.0651(2) 197
295+such that it does not constitute the unlicensed prac tice 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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306306 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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310-board, shall is authorized by rule to determine how its 201
311-practitioners must may comply with this paragraph disclosure 202
312-requirement. 203
313- Section 3. This act shall take effect July 1, 2024. 204
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, 2024. 205