Bill Amendment: FL S1112 | 2024 | Regular Session
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: Health Care Practitioner Titles and Designations
Status: 2024-03-08 - Died in returning Messages [S1112 Detail]
Download: Florida-2024-S1112-Senate_Committee_Amendment_322224.html
Bill Title: Health Care Practitioner Titles and Designations
Status: 2024-03-08 - Died in returning Messages [S1112 Detail]
Download: Florida-2024-S1112-Senate_Committee_Amendment_322224.html
Florida Senate - 2024 COMMITTEE AMENDMENT Bill No. SB 1112 Ì322224sÎ322224 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Health Policy (Harrell) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Subsection (2) of section 456.003, Florida 6 Statutes, is amended to read: 7 456.003 Legislative intent; requirements.— 8 (2) The Legislature further findsbelievesthat such 9 professions shall be regulated only for the preservation of the 10 health, safety, and welfare of the public under the police 11 powers of the state, and that the health, safety, and welfare of 12 the public may be harmed or endangered by the unlawful practice 13 of a profession; by a misleading, deceptive, or fraudulent 14 representation relating to a person’s authority to lawfully 15 practice a profession; or when patients are uninformed about the 16 profession under which a practitioner is practicing before 17 receiving professional consultation or services from the 18 practitioner. As a matter of great public importance, such 19 professions shall be regulated when: 20 (a) Their unregulated practice can harm or endanger the 21 health, safety, and welfare of the public, and when the 22 potential for such harm is recognizable and clearly outweighs 23 any anticompetitive impact which may result from regulation. 24 (b) The public is not effectively protected by other means, 25 including, but not limited to, other state statutes, local 26 ordinances, or federal legislation. 27 (c) Less restrictive means of regulation are not available. 28 Section 2. Section 456.0651, Florida Statutes, is created 29 to read: 30 456.0651 Health care practitioner titles and designations.— 31 (1) As used in this section, the term: 32 (a) “Advertisement” means any printed, electronic, or oral 33 statement that: 34 1. Is communicated or disseminated to the general public; 35 2.a. Is intended to encourage a person to use a 36 practitioner’s professional services or to promote those 37 services or the practitioner in general; or 38 b. For commercial purposes, names a practitioner in 39 connection with the practice, profession, or institution in 40 which the practitioner is employed, volunteers, or provides 41 health care services; and 42 3. Is prepared, communicated, or disseminated under the 43 control of the practitioner or with the practitioner’s consent. 44 (b) “Educational degree” means the degree awarded to a 45 practitioner by a college or university relating to the 46 practitioner’s profession or specialty designation, which degree 47 may be referenced in an advertisement by name or acronym. 48 (c) “Misleading, deceptive, or fraudulent representation” 49 means any information that misrepresents or falsely describes a 50 practitioner’s profession, skills, training, expertise, 51 educational degree, board certification, or licensure. 52 (d) “Practitioner” means a health care practitioner as 53 defined in s. 456.001. 54 (e) “Profession,” in addition to the meaning provided in s. 55 456.001, also means the name or title of a practitioner’s 56 profession that is regulated by the department’s Division of 57 Medical Quality Assurance and which name or title is allowed to 58 be used by an individual due to his or her license, license by 59 endorsement, certification, or registration issued by a board or 60 the department. The term does not include a practitioner’s 61 license or educational degree. 62 (2) For purposes of this section and s. 456.065, in 63 addition to the definitions of the terms “practice of medicine” 64 in s. 458.305 and “practice of osteopathic medicine” in s. 65 459.003, the practice of medicine or osteopathic medicine also 66 includes attaching to one’s name, either alone or in 67 combination, or in connection with other words, any terms 68 indicating that a person is licensed to practice medicine or 69 osteopathic medicine or any of the following titles or 70 designations, if used in an advertisement or in a manner that 71 constitutes a misleading, deceptive, or fraudulent 72 representation: 73 (a) Doctor of medicine. 74 (b) M.D. 75 (c) Doctor of osteopathy. 76 (d) D.O. 77 (e) Emergency physician. 78 (f) Family physician. 79 (g) Interventional pain physician. 80 (h) Medical doctor. 81 (i) Osteopath. 82 (j) Osteopathic physician. 83 (k) Doctor of osteopathic medicine. 84 (l) Surgeon. 85 (m) Neurosurgeon. 86 (n) General surgeon. 87 (o) Resident physician. 88 (p) Medical resident. 89 (q) Medical intern. 90 (r) Anesthesiologist. 91 (s) Cardiologist. 92 (t) Dermatologist. 93 (u) Endocrinologist. 94 (v) Gastroenterologist. 95 (w) Gynecologist. 96 (x) Hematologist. 97 (y) Hospitalist. 98 (z) Intensivist. 99 (aa) Internist. 100 (bb) Laryngologist. 101 (cc) Nephrologist. 102 (dd) Neurologist. 103 (ee) Obstetrician. 104 (ff) Oncologist. 105 (gg) Ophthalmologist. 106 (hh) Orthopedic surgeon. 107 (ii) Orthopedist. 108 (jj) Otologist. 109 (kk) Otolaryngologist. 110 (ll) Otorhinolaryngologist. 111 (mm) Pathologist. 112 (nn) Pediatrician. 113 (oo) Primary care physician. 114 (pp) Proctologist. 115 (qq) Psychiatrist. 116 (rr) Radiologist. 117 (ss) Rheumatologist. 118 (tt) Rhinologist. 119 (uu) Urologist. 120 (3) Notwithstanding subsection (2): 121 (a) A licensed practitioner may use the name or title of 122 his or her profession which is authorized under his or her 123 practice act, and any corresponding designations or initials so 124 authorized, to describe himself or herself and his or her 125 practice. 126 (b) A licensed practitioner who has a specialty area of 127 practice authorized under his or her practice act may use the 128 following format to identify himself or herself or describe his 129 or her practice: “...(name or title of the practitioner’s 130 profession)..., specializing in ...(name of the practitioner’s 131 specialty)....” 132 (c) A chiropractic physician licensed under chapter 460 may 133 use the titles “chiropractic physician,” “doctor of chiropractic 134 medicine,” “chiropractic radiologist,” and other titles, 135 abbreviations, or designations authorized under his or her 136 practice act or reflecting those chiropractic specialty areas in 137 which the chiropractic physician has attained diplomate status 138 as recognized by the American Chiropractic Association, the 139 International Chiropractors Association, the International 140 Academy of Clinical Neurology, or the International Chiropractic 141 Pediatric Association. 142 (d) A podiatric physician licensed under chapter 461 may 143 use the following titles and abbreviations as applicable to his 144 or her license, specialty, and certification: “podiatric 145 physician,” “podiatric surgeon,” “Fellow in the American College 146 of Foot and Ankle Surgeons,” and other titles or abbreviations 147 authorized under his or her practice act. 148 (e) A dentist licensed under chapter 466 may use the 149 following titles and abbreviations as applicable to his or her 150 license, specialty, and certification: “doctor of medicine in 151 dentistry,” “doctor of dental medicine,” “D.M.D.,” “doctor of 152 dental surgery,” “D.D.S.,” “oral surgeon,” “maxillofacial 153 surgeon,” “oral and maxillofacial surgeon,” “O.M.S.,” “oral 154 radiologist,” “dental anesthesiologist,” “oral pathologist,” and 155 any other titles or abbreviations authorized under his or her 156 practice act. 157 (f) An anesthesiologist assistant licensed under chapter 158 458 or chapter 459 may use only the titles “anesthesiologist 159 assistant” or “certified anesthesiologist assistant” and the 160 abbreviation “C.A.A.” 161 (4) This section may not be construed to prohibit or 162 interfere with a licensed practitioner’s ability to lawfully 163 bill the Medicare program or other federal health care program 164 using definitions or terminology provided under applicable 165 federal law or regulations for services rendered to a patient 166 enrolled in such program. 167 Section 3. Paragraph (t) of subsection (1) of section 168 456.072, Florida Statutes, is amended to read: 169 456.072 Grounds for discipline; penalties; enforcement.— 170 (1) The following acts shall constitute grounds for which 171 the disciplinary actions specified in subsection (2) may be 172 taken: 173 (t)1. A practitioner’s failure, when treating or consulting 174 with a patient,Failingto identify throughwritten notice,175which may includethe wearing of a name tag the practitioner’s 176 name and profession, as defined in s. 456.0651,or orally to a177patientthetype of licenseunder which the practitioner is 178 practicing. The information on the name tag must be consistent 179 with the specifications of s. 456.0651(2) such that it does not 180 constitute the unlicensed practice of medicine or osteopathic 181 medicine. 182 2. The failure of any advertisement for health care 183 services naming the practitioner tomustidentify the 184 profession, as defined in s. 456.0651, under which the 185 practitioner is practicing and the practitioner’s educational 186 degree, as defined in s. 456.0651, in relation to the services 187 featured in the advertisementtype of license the practitioner188holds. 189 3. Subparagraph 1.This paragraphdoes not apply to a 190 practitioner while the practitioner is providing services in his 191 or her own office that houses his or her practice or group 192 practice. In such a case, if the practitioner chooses not to 193 wear a name tag, the practitioner must prominently display a 194 copy of his or her license in a conspicuous area of the practice 195 so that it is easily visible to patients. The copy of the 196 license must be no smaller than the original license. Such 197 practitioner shall also verbally identify himself or herself to 198 a new patient by name and identify the profession, as defined in 199 s. 456.0651, under which the practitioner is practicing. Such 200 verbal identification must be consistent with the specifications 201 of s. 456.0651(2) such that it does not constitute the 202 unlicensed practice of medicine or osteopathic medicinea203facility licensed under chapter 394, chapter 395, chapter 400,204or chapter 429. 205 4. Each board, or the department ifwherethere is no 206 board, shallis authorizedby ruletodetermine how its 207 practitioners mustmaycomply with this paragraphdisclosure208requirement. 209 Section 4. This act shall take effect July 1, 2024. 210 211 ================= T I T L E A M E N D M E N T ================ 212 And the title is amended as follows: 213 Delete everything before the enacting clause 214 and insert: 215 A bill to be entitled 216 An act relating to health care practitioner titles and 217 designations; amending s. 456.003, F.S.; revising 218 legislative findings; creating s. 456.0651, F.S.; 219 defining terms; providing that, for specified 220 purposes, the use of specified titles or designations 221 in connection with one’s name constitutes the practice 222 of medicine or the practice of osteopathic medicine; 223 providing exceptions; providing construction; amending 224 s. 456.072, F.S.; revising grounds for disciplinary 225 action relating to a practitioner’s use of such titles 226 or designations in identifying himself or herself to 227 patients or in advertisements for health care 228 services; revising applicability; requiring certain 229 health care practitioners to prominently display a 230 copy of their license in a conspicuous area of their 231 practice; requiring that the copy of the license be a 232 specified size; requiring such health care 233 practitioners to also verbally identify themselves in 234 a specified manner to new patients; requiring, rather 235 than authorizing, certain boards, or the Department of 236 Health if there is no board, to adopt certain rules; 237 providing an effective date.