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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 2
identification; amending s. 456.003, F.S.; revising 3
legislative findings; creating s. 456.65, F.S.; 4
prohibiting the use of specified titles and 5
designations by health care practitioners not licensed 6
as physicians or osteopathic physicians, as 7
applicable, with an exception; providing that the use 8
of such titles and designations constitutes the 9
unlicensed practice of medicine or osteopathic 10
medicine, as applicable; authorizing the department to 11
pursue specified reme dies for such violations; 12
authorizing health care practitioners to use names and 13
titles, and their corresponding designations and 14
initials, authorized by their respective practice 15
acts; specifying the manner in which health care 16
practitioners may represent their specialty practice 17
areas; specifying titles and abbreviations certain 18
health care practitioners may use; providing 19
construction; amending ss. 458.3312 and 459.0152, 20
F.S.; specifying specialist titles and designations 21
that physicians and osteopathic physicians, 22
respectively, are prohibited from using unless they 23
have received formal recognition by the appropriate 24
recognizing agency for such specialty certifications; 25
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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
authorizing the Board of Medicine and the Board of 26
Osteopathic Medicine, as applicable , to adopt certain 27
rules; amending s. 641.51, F.S.; revising written 28
notification requirements for adverse determinations 29
made by a health maintenance organization; providing 30
an effective date. 31
32
Be It Enacted by the Legislature of the State of Florida: 33
34
Section 1. Subsection (2) of section 456.003, Florida 35
Statutes, is amended to read: 36
456.003 Legislative intent; requirements. — 37
(2) The Legislature further finds believes that such 38
professions must shall be regulated only for the preservation of 39
the health, safety, and welfare of the public under the police 40
powers of the state, and that the health, safety, and welfare of 41
the public may be harmed or endangered by the unlawful practice 42
of a profession; by a misleading, deceptive, or fraudulent 43
representation relating to a person's authority to practice a 44
profession lawfully; or when patients are uninformed about the 45
profession under which a health care practitioner is practicing 46
before receiving professional consultation or services from the 47
practitioner. As a matter of great public importance, such 48
professions must shall be regulated when: 49
(a) Their unregulated practice can harm or endanger the 50
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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
health, safety, and welfare of the public, and when the 51
potential for such harm is recognizable and clearl y outweighs 52
any anticompetitive impact which may result from regulation. 53
(b) The public is not effectively protected by other 54
means, including, but not limited to, other state statutes, 55
local ordinances, or federal legislation. 56
(c) Less restrictive mea ns of regulation are not 57
available. 58
Section 2. Section 456.65, Florida Statutes, is created to 59
read: 60
456.65 Specialties. — 61
(1)(a) A health care practitioner not licensed as a 62
physician under chapter 458 may not hold himself or herself out 63
to a patient or the public at large as a specialist by 64
describing himself or herself or his or her practice through the 65
use of any specialist title or designation specifically listed 66
under s. 458.3312(2), either alone or in combination, or in 67
connection with other w ords, unless the practitioner is 68
authorized to use such specialist title or designation under 69
subsection (2). 70
(b) A health care practitioner not licensed as a physician 71
under chapter 459 may not hold himself or herself out to a 72
patient or the public at l arge as a specialist by describing 73
himself or herself or his or her practice through the use of any 74
specialist title or designation specifically listed under s. 75
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459.0152(2), either alone or in combination, or in connection 76
with other words, unless the prac titioner is authorized to use 77
such specialist title or designation under subsection (2). 78
(c) A violation of paragraph (a) or paragraph (b) 79
constitutes the unlicensed practice of medicine or osteopathic 80
medicine, as applicable, and the department may purs ue remedies 81
under s. 456.065 for such violation. 82
(2) Notwithstanding subsection (1): 83
(a) A licensed health care practitioner may use the name 84
or title of his or her profession which is authorized under his 85
or her practice act, and any corresponding des ignations or 86
initials so authorized, to describe himself or herself and his 87
or her practice. 88
(b) A licensed health care practitioner who has a 89
specialty area of practice authorized under his or her practice 90
act may use the following format to identify himself or herself 91
or describe his or her practice: "...(name or title of the 92
practitioner's profession)..., specializing in ...(name of the 93
practitioner's specialty)...." 94
(c) A chiropractic physician licensed under chapter 460 95
may use the title "chiropr actic radiologist" and other titles, 96
abbreviations, or designations authorized under his or her 97
practice act reflecting those chiropractic specialty areas in 98
which the chiropractic physician has attained diplomate status 99
as recognized by the American Chiro practic Association, the 100
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International Chiropractors Association, the International 101
Academy of Clinical Neurology, or the International Chiropractic 102
Pediatric Association. 103
(d) A podiatric physician licensed under chapter 461 may 104
use the following titles and abbreviations as applicable to his 105
or her license, specialty, and certification: "podiatric 106
surgeon," "Fellow in the American College of Foot and Ankle 107
Surgeons," and any other titles or abbreviations authorized 108
under his or her practice act. 109
(e) A dentist licensed under chapter 466 may use the 110
following titles and abbreviations as applicable to his or her 111
license, specialty, and certification: "doctor of dental 112
surgery," "D.D.S.," "oral surgeon," "maxillofacial surgeon," 113
"oral and maxillofacial surge on," "O.M.S.," "dental 114
anesthesiologist," "oral pathologist," "oral radiologist," and 115
any other titles or abbreviations authorized under his or her 116
practice act. 117
(f) An anesthesiologist assistant licensed under chapter 118
458 or chapter 459 may use only the titles "anesthesiologist 119
assistant" or "certified anesthesiologist assistant" and the 120
abbreviation "C.A.A." 121
(3) This section may not be construed to prohibit or 122
interfere with a licensed practitioner's ability to bill 123
lawfully the Medicare program or ot her federal health care 124
program using definitions or terminology provided under 125
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applicable federal law or regulations for services rendered to a 126
patient enrolled in such program. 127
Section 3. Section 458.3312, Florida Statutes, is amended 128
to read: 129
458.3312 Specialties.— 130
(1) A physician licensed under this chapter may not hold 131
himself or herself out as a board -certified specialist unless 132
the physician has received formal recognition as a specialist 133
from a specialty board of the American Board of Medica l 134
Specialties or other recognizing agency that has been approved 135
by the board. However, a physician may indicate the services 136
offered and may state that his or her practice is limited to one 137
or more types of services when this accurately reflects the 138
scope of practice of the physician. 139
(2) Specialist titles and designations that are subject to 140
subsection (1) include: 141
(a) Surgeon. 142
(b) Neurosurgeon. 143
(c) General surgeon. 144
(d) Anesthesiologist. 145
(e) Cardiologist. 146
(f) Dermatologist. 147
(g) Endocrinologist. 148
(h) Gastroenterologist. 149
(i) Gynecologist. 150
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(j) Hematologist. 151
(k) Hospitalist. 152
(l) Intensivist. 153
(m) Internist. 154
(n) Laryngologist. 155
(o) Nephrologist. 156
(p) Neurologist. 157
(q) Obstetrician. 158
(r) Oncologist. 159
(s) Ophthalmologist. 160
(t) Orthopedic surgeon. 161
(u) Orthopedist. 162
(v) Otologist. 163
(w) Otolaryngologist. 164
(x) Otorhinolaryngologist. 165
(y) Pathologist. 166
(z) Pediatrician. 167
(aa) Proctologist. 168
(bb) Psychiatrist. 169
(cc) Radiologist. 170
(dd) Rheumatologist. 171
(ee) Rhinologist. 172
(ff) Urologist. 173
(3) The board may adopt by rule additional specialist 174
titles and designations that are subject to subsection (1). 175
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Section 4. Section 459.0152, Florida Statutes, is amended 176
to read: 177
459.0152 Specialties. — 178
(1) An osteopathic physicia n licensed under this chapter 179
may not hold himself or herself out as a board -certified 180
specialist unless the osteopathic physician has successfully 181
completed the requirements for certification by the American 182
Osteopathic Association or the Accreditation Co uncil on Graduate 183
Medical Education and is certified as a specialist by a 184
certifying agency approved by the board. However, an osteopathic 185
physician may indicate the services offered and may state that 186
his or her practice is limited to one or more types of services 187
when this accurately reflects the scope of practice of the 188
osteopathic physician. 189
(2) Specialist titles and designations that are subject to 190
subsection (1) include: 191
(a) Surgeon. 192
(b) Neurosurgeon. 193
(c) General surgeon. 194
(d) Anesthesiologis t. 195
(e) Cardiologist. 196
(f) Dermatologist. 197
(g) Endocrinologist. 198
(h) Gastroenterologist. 199
(i) Gynecologist. 200
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(j) Hematologist. 201
(k) Hospitalist. 202
(l) Intensivist. 203
(m) Internist. 204
(n) Laryngologist. 205
(o) Nephrologist. 206
(p) Neurologist. 207
(q) Obstetrician. 208
(r) Oncologist. 209
(s) Ophthalmologist. 210
(t) Orthopedic surgeon. 211
(u) Orthopedist. 212
(v) Otologist. 213
(w) Otolaryngologist. 214
(x) Otorhinolaryngologist. 215
(y) Pathologist. 216
(z) Pediatrician. 217
(aa) Proctologist. 218
(bb) Psychiatrist. 219
(cc) Radiologist. 220
(dd) Rheumatologist. 221
(ee) Rhinologist. 222
(ff) Urologist. 223
(3) The board may adopt by rule additional specialist 224
titles and designations that are subject to subsection (1). 225
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Section 5. Subsection (4) of section 641.51, Florida 226
Statutes, is amended to read: 227
641.51 Quality assurance program; second medical opinion 228
requirement.— 229
(4) The organization shall ensure that only a physician 230
holding an active, unencumbered license issued under chapter 458 231
or chapter 459 may render an adverse determination regarding a 232
service provided by a physician licensed in this state. The 233
organization shall submit to the treating provider and the 234
subscriber written notification regarding the organization's 235
adverse determination within 2 working days after the subscriber 236
or provider is notified of the adverse determination. The 237
written notification must include the utilization review 238
criteria or benefits provisions used in the adverse 239
determination, identify the physician who rendered the adverse 240
determination, and be signed by an authorized representative of 241
the organization or the physician who rendered the adverse 242
determination. The organization must include with the 243
notification of an adverse determination information concerning 244
the appeal process for adv erse determinations. The written 245
notification must include a written disclosure stating that the 246
determination was made by a physician holding an active, 247
unencumbered license issued under chapter 458 or chapter 459. 248
The organization shall maintain a record of each adverse 249
determination and identify in those records the physician who 250
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rendered the adverse determination. This subsection provision 251
does not create authority for the Board of Medicine or the Board 252
of Osteopathic Medicine to regulate the organizati on; however, 253
the Board of Medicine and the Board of Osteopathic Medicine each 254
continue to have jurisdiction over licensees of their respective 255
boards. 256
Section 6. This act shall take effect July 1, 2025. 257