Florida 2025 2025 Regular Session

Florida House Bill H1341 Introduced / Bill

Filed 02/27/2025

                       
 
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A bill to be entitled 1 
An act relating to health care practitioner 2 
identification; amending s. 456.003, F.S.; revising 3 
legislative findings; amending s. 456.072, F.S.; 4 
revising grounds for disciplinary action against 5 
health care practitioners; requiring the Department of 6 
Health, rather than each applicable board, to adopt 7 
rules for certain requirements relating to the 8 
identification and advertisement of licensure and 9 
qualifications of health care practitioners; creating 10 
s. 456.65, F.S.; prohibiting the use of specified 11 
titles and designations by health care practitioners 12 
not licensed as physicians or osteopathic physicians, 13 
as applicable, with an exception; providing that the 14 
use of such titles and designations constitutes the 15 
unlicensed practice of medicine or osteopathic 16 
medicine, as applicable; authorizing the department to 17 
pursue specified remedies for such violations; 18 
authorizing health care practitioners to use names and 19 
titles, and their corresponding designations and 20 
initials, authorized by their respective practice 21 
acts; specifying the manner in which health care 22 
practitioners may represent their specialty practice 23 
areas; specifying titles and abbreviations certain 24 
health care practitioners may use; providing 25     
 
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construction; amending ss. 458.3312 and 459.0152, 26 
F.S.; specifying specialist titles and designations 27 
that physicians and osteopathic physicians, 28 
respectively, are prohibited from using unless they 29 
have received formal recognition by the appropriate 30 
recognizing agency for such specialty certifications; 31 
authorizing the Board of Medicine and the Board of 32 
Osteopathic Medicine, as applicable, to adopt certain 33 
rules; providing an effective date. 34 
 35 
Be It Enacted by the Legislature of the State of Florida: 36 
 37 
 Section 1.  Subsection (2) of section 456.003, Florida 38 
Statutes, is amended to read: 39 
 456.003  Legislative intent; requirements. — 40 
 (2)  The Legislature further finds believes that such 41 
professions must shall be regulated only for the preservation of 42 
the health, safety, and welfare of the public under the police 43 
powers of the state, and that the health, safety, and welfare of 44 
the public may be harmed or endangered by the unlawful practice 45 
of a profession; by a misleading, deceptive, or fraudulent 46 
representation relating to a person's authority to practice a 47 
profession lawfully; or when patients are uninformed about the 48 
profession under which a health care practitioner is practicing 49 
before receiving professional consultation or services from the 50     
 
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practitioner. As a matter of great public importance, such 51 
professions must shall be regulated when: 52 
 (a)  Their unregulated practice can harm or endanger the 53 
health, safety, and welfare of the public, and when the 54 
potential for such harm is recognizable and clearly outweighs 55 
any anticompetitive impact which may result from regulatio n. 56 
 (b)  The public is not effectively protected by other 57 
means, including, but not limited to, other state statutes, 58 
local ordinances, or federal legislation. 59 
 (c)  Less restrictive means of regulation are not 60 
available. 61 
 Section 2.  Paragraph (t) of su bsection (1) of section 62 
456.072, Florida Statutes, is amended, and subsection (2) of 63 
that section is republished, to read: 64 
 456.072  Grounds for discipline; penalties; enforcement. — 65 
 (1)  The following acts shall constitute grounds for which 66 
the disciplinary actions specified in subsection (2) may be 67 
taken: 68 
 (t)  Failing to identify the name of a health care 69 
practitioner through written notice, which may include the 70 
wearing of a name tag or embroidered identification that also 71 
includes the professional , or orally to a patient the type of 72 
license and professional degree issued to the practitioner. If 73 
wearing a name tag or embroidered identification is not 74 
feasible, the practitioner must provide written notice of such 75     
 
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information under which the practitioner i s practicing. Any 76 
advertisement for health care services naming the practitioner 77 
must identify the professional type of license and professional 78 
degree the practitioner holds and may not contain deceptive or 79 
misleading information, including, but not limit ed to, any 80 
affirmative communication or representation that misstates, 81 
falsely describes, holds out, or falsely details the health care 82 
practitioner's skills, training, expertise, education, public or 83 
private board certification, or licensure . This paragraph only 84 
applies does not apply to a practitioner while the practitioner 85 
is providing services in a facility licensed under chapter 394, 86 
chapter 395, chapter 400, or chapter 429 . Each board, or The 87 
department shall where there is no board, is authorized by rule 88 
to determine how health care its practitioners must may comply 89 
with this disclosure requirement. 90 
 Section 3.  Section 456.65, Florida Statutes, is created to 91 
read: 92 
 456.65  Specialties. — 93 
 (1)(a)  A health care practitioner not licensed as a 94 
physician under chapter 458 may not hold himself or herself out 95 
to a patient or the public at large as a specialist by 96 
describing himself or herself or his or her practice through the 97 
use of any specialist title or designation specifically listed 98 
under s. 458.3312(2), either alone or in combination, or in 99 
connection with other words, unless the practitioner is 100     
 
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authorized to use such specialist title or designation under 101 
subsection (2). 102 
 (b)  A health care practitioner not licensed as a physician 103 
under chapter 459 may not hold himself or herself out to a 104 
patient or the public at large as a specialist by describing 105 
himself or herself or his or her practice through the use of any 106 
specialist title or designation specifically listed under s. 107 
459.0152(2), either alone or in combination, or in connection 108 
with other words, unless the practitioner is authorized to use 109 
such specialist title or designation under subsection (2). 110 
 (c)  A violation of paragraph (a) or paragraph (b) 111 
constitutes the unlicensed practice of medicine or osteopathic 112 
medicine, as applicable, and the department may pursue remedies 113 
under s. 456.065 for such violation. 114 
 (2)  Notwithstanding subsection (1): 115 
 (a)  A licensed health care practitioner may use the name 116 
or title of his or her profession which is authorized under his 117 
or her practice act, and any corresponding designations or 118 
initials so authorized, to describe himself or herself and his 119 
or her practice. 120 
 (b)  A licensed health care practitioner who has a 121 
specialty area of practice authorized under his or her practice 122 
act may use the following format to identify himself or herself 123 
or describe his or her practice: "...(name or title of the 124 
practitioner's profession)..., specializing in ...(name of the 125     
 
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practitioner's specialty)...." 126 
 (c)  A chiropractic physician licensed under chapter 460 127 
may use the title "chiropractic radiologist" and other titles, 128 
abbreviations, or designations authorized under his or her 129 
practice act reflecting those chiropractic specialty areas in 130 
which the chiropractic physician has attained diplomate status 131 
as recognized by the American Chiropractic Association, the 132 
International Chiropractors Association, the International 133 
Academy of Clinical Neurology, or the International Chiropractic 134 
Pediatric Association. 135 
 (d)  A podiatric physician licensed under chapter 461 may 136 
use the following titles and abbreviations as applicable to his 137 
or her license, specialty, and certification: "podiatric 138 
surgeon," "Fellow in the American College of Foot and Ankle 139 
Surgeons," and any other titles or abbreviations authorized 140 
under his or her practice act. 141 
 (e)  A dentist licensed under chapter 466 may use the 142 
following titles and abbreviations as applicable to his or her 143 
license, specialty, and certification: "doctor of dental 144 
surgery," "D.D.S.," "oral surgeon," "maxillofacial surgeon," 145 
"oral and maxillofacial surgeon," "O.M.S.," "dental 146 
anesthesiologist," "oral pathologist," "oral radiologist," and 147 
any other titles or abbreviations authorized under his or her 148 
practice act. 149 
 (f)  An anesthesiologist ass istant licensed under chapter 150     
 
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458 or chapter 459 may use only the titles "anesthesiologist 151 
assistant" or "certified anesthesiologist assistant" and the 152 
abbreviation "C.A.A." 153 
 (3)  This section may not be construed to prohibit or 154 
interfere with a licensed p ractitioner's ability to bill 155 
lawfully the Medicare program or other federal health care 156 
program using definitions or terminology provided under 157 
applicable federal law or regulations for services rendered to a 158 
patient enrolled in such program. 159 
 Section 4.  Section 458.3312, Florida Statutes, is amended 160 
to read: 161 
 458.3312  Specialties. — 162 
 (1) A physician licensed under this chapter may not hold 163 
himself or herself out as a board -certified specialist unless 164 
the physician has received formal recognition as a specialist 165 
from a specialty board of the American Board of Medical 166 
Specialties or other recognizing agency that has been approved 167 
by the board. However, a physician may indicate the services 168 
offered and may state that his or her practice is limited to one 169 
or more types of services when this accurately reflects the 170 
scope of practice of the physician. 171 
 (2)  Specialist titles and designations that are subject to 172 
subsection (1) include: 173 
 (a)  Surgeon. 174 
 (b)  Neurosurgeon. 175     
 
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 (c)  General surgeon. 176 
 (d)  Anesthesiologist. 177 
 (e)  Cardiologist. 178 
 (f)  Dermatologist. 179 
 (g)  Endocrinologist. 180 
 (h)  Gastroenterologist. 181 
 (i)  Gynecologist. 182 
 (j)  Hematologist. 183 
 (k)  Hospitalist. 184 
 (l)  Intensivist. 185 
 (m)  Internist. 186 
 (n)  Laryngologist. 187 
 (o)  Nephrologist. 188 
 (p)  Neurologist. 189 
 (q) Obstetrician. 190 
 (r)  Oncologist. 191 
 (s)  Ophthalmologist. 192 
 (t)  Orthopedic surgeon. 193 
 (u)  Orthopedist. 194 
 (v)  Otologist. 195 
 (w)  Otolaryngologist. 196 
 (x)  Otorhinolaryngologist. 197 
 (y)  Pathologist. 198 
 (z)  Pediatrician. 199 
 (aa)  Proctologist. 200     
 
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 (bb)  Psychiatrist. 201 
 (cc)  Radiologist. 202 
 (dd)  Rheumatologist. 203 
 (ee)  Rhinologist. 204 
 (ff)  Urologist. 205 
 (3)  The board may adopt by rule additional specialist 206 
titles and designations that are subject to subsection (1). 207 
 Section 5.  Section 459.0152, Florida Statutes, is amended 208 
to read: 209 
 459.0152  Specialties. — 210 
 (1) An osteopathic physician licensed under this chapter 211 
may not hold himself or herself out as a board -certified 212 
specialist unless the osteopathic physician has successfully 213 
completed the requirements for certification by the American 214 
Osteopathic Association or the Accreditation Council on Graduate 215 
Medical Education and is certified as a specialist by a 216 
certifying agency approved by the board. However, an osteopathic 217 
physician may indicate the services offered and may st ate that 218 
his or her practice is limited to one or more types of services 219 
when this accurately reflects the scope of practice of the 220 
osteopathic physician. 221 
 (2)  Specialist titles and designations that are subject to 222 
subsection (1) include: 223 
 (a)  Surgeon. 224 
 (b)  Neurosurgeon. 225     
 
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 (c)  General surgeon. 226 
 (d)  Anesthesiologist. 227 
 (e)  Cardiologist. 228 
 (f)  Dermatologist. 229 
 (g)  Endocrinologist. 230 
 (h)  Gastroenterologist. 231 
 (i)  Gynecologist. 232 
 (j)  Hematologist. 233 
 (k)  Hospitalist. 234 
 (l)  Intensivist. 235 
 (m)  Internist. 236 
 (n)  Laryngologist. 237 
 (o)  Nephrologist. 238 
 (p)  Neurologist. 239 
 (q)  Obstetrician. 240 
 (r)  Oncologist. 241 
 (s)  Ophthalmologist. 242 
 (t)  Orthopedic surgeon. 243 
 (u)  Orthopedist. 244 
 (v)  Otologist. 245 
 (w)  Otolaryngologist. 246 
 (x)  Otorhinolaryngologist. 247 
 (y)  Pathologist. 248 
 (z)  Pediatrician. 249 
 (aa)  Proctologist. 250     
 
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 (bb)  Psychiatrist. 251 
 (cc)  Radiologist. 252 
 (dd)  Rheumatologist. 253 
 (ee)  Rhinologist. 254 
 (ff)  Urologist. 255 
 (3)  The board may adopt by rule additional specialist 256 
titles and designations that are subject to subsection (1). 257 
 Section 6. This act shall take effect July 1, 2025. 258