CS/HB 1295 2024 CODING: Words stricken are deletions; words underlined are additions. hb1295-01-c1 Page 1 of 9 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 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 CS/HB 1295 2024 CODING: Words stricken are deletions; words underlined are additions. hb1295-01-c1 Page 2 of 9 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 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 CS/HB 1295 2024 CODING: Words stricken are deletions; words underlined are additions. hb1295-01-c1 Page 3 of 9 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 (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 CS/HB 1295 2024 CODING: Words stricken are deletions; words underlined are additions. hb1295-01-c1 Page 4 of 9 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 (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 CS/HB 1295 2024 CODING: Words stricken are deletions; words underlined are additions. hb1295-01-c1 Page 5 of 9 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 (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 CS/HB 1295 2024 CODING: Words stricken are deletions; words underlined are additions. hb1295-01-c1 Page 6 of 9 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 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 CS/HB 1295 2024 CODING: Words stricken are deletions; words underlined are additions. hb1295-01-c1 Page 7 of 9 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 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 CS/HB 1295 2024 CODING: Words stricken are deletions; words underlined are additions. hb1295-01-c1 Page 8 of 9 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 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 CS/HB 1295 2024 CODING: Words stricken are deletions; words underlined are additions. hb1295-01-c1 Page 9 of 9 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 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