Bill Text: FL S1112 | 2024 | Regular Session | Comm Sub


Bill Title: Health Care Practitioner Titles and Designations

Spectrum: Bipartisan Bill

Status: (Failed) 2024-03-08 - Died in returning Messages [S1112 Detail]

Download: Florida-2024-S1112-Comm_Sub.html
       Florida Senate - 2024                             CS for SB 1112
       
       
        
       By the Committee on Health Policy; and Senator Harrell
       
       
       
       
       
       588-02646-24                                          20241112c1
    1                        A bill to be entitled                      
    2         An act relating to health care practitioner titles and
    3         designations; amending s. 456.003, F.S.; revising
    4         legislative findings; creating s. 456.0651, F.S.;
    5         defining terms; providing that, for specified
    6         purposes, the use of specified titles or designations
    7         in connection with one’s name constitutes the practice
    8         of medicine or the practice of osteopathic medicine;
    9         providing exceptions; providing construction; amending
   10         s. 456.072, F.S.; revising grounds for disciplinary
   11         action relating to a practitioner’s use of such titles
   12         or designations in identifying himself or herself to
   13         patients or in advertisements for health care
   14         services; revising applicability; requiring certain
   15         health care practitioners to prominently display a
   16         copy of their license in a conspicuous area of their
   17         practice; requiring that the copy of the license be a
   18         specified size; requiring such health care
   19         practitioners to also verbally identify themselves in
   20         a specified manner to new patients; requiring, rather
   21         than authorizing, certain boards, or the Department of
   22         Health if there is no board, to adopt certain rules;
   23         providing an effective date.
   24          
   25  Be It Enacted by the Legislature of the State of Florida:
   26  
   27         Section 1. Subsection (2) of section 456.003, Florida
   28  Statutes, is amended to read:
   29         456.003 Legislative intent; requirements.—
   30         (2) The Legislature further finds believes that such
   31  professions shall be regulated only for the preservation of the
   32  health, safety, and welfare of the public under the police
   33  powers of the state, and that the health, safety, and welfare of
   34  the public may be harmed or endangered by the unlawful practice
   35  of a profession; by a misleading, deceptive, or fraudulent
   36  representation relating to a persons authority to lawfully
   37  practice a profession; or when patients are uninformed about the
   38  profession under which a practitioner is practicing before
   39  receiving professional consultation or services from the
   40  practitioner. As a matter of great public importance, such
   41  professions shall be regulated when:
   42         (a) Their unregulated practice can harm or endanger the
   43  health, safety, and welfare of the public, and when the
   44  potential for such harm is recognizable and clearly outweighs
   45  any anticompetitive impact which may result from regulation.
   46         (b) The public is not effectively protected by other means,
   47  including, but not limited to, other state statutes, local
   48  ordinances, or federal legislation.
   49         (c) Less restrictive means of regulation are not available.
   50         Section 2. Section 456.0651, Florida Statutes, is created
   51  to read:
   52         456.0651 Health care practitioner titles and designations.—
   53         (1) As used in this section, the term:
   54         (a) “Advertisement” means any printed, electronic, or oral
   55  statement that:
   56         1. Is communicated or disseminated to the general public;
   57         2.a. Is intended to encourage a person to use a
   58  practitioner’s professional services or to promote those
   59  services or the practitioner in general; or
   60         b. For commercial purposes, names a practitioner in
   61  connection with the practice, profession, or institution in
   62  which the practitioner is employed, volunteers, or provides
   63  health care services; and
   64         3. Is prepared, communicated, or disseminated under the
   65  control of the practitioner or with the practitioner’s consent.
   66         (b) “Educational degree” means the degree awarded to a
   67  practitioner by a college or university relating to the
   68  practitioner’s profession or specialty designation, which degree
   69  may be referenced in an advertisement by name or acronym.
   70         (c) “Misleading, deceptive, or fraudulent representation”
   71  means any information that misrepresents or falsely describes a
   72  practitioner’s profession, skills, training, expertise,
   73  educational degree, board certification, or licensure.
   74         (d) “Practitioner” means a health care practitioner as
   75  defined in s. 456.001.
   76         (e) “Profession,” in addition to the meaning provided in s.
   77  456.001, also means the name or title of a practitioner’s
   78  profession that is regulated by the department’s Division of
   79  Medical Quality Assurance and which name or title is allowed to
   80  be used by an individual due to his or her license, license by
   81  endorsement, certification, or registration issued by a board or
   82  the department. The term does not include a practitioner’s
   83  license or educational degree.
   84         (2) For purposes of this section and s. 456.065, in
   85  addition to the definitions of the terms “practice of medicine”
   86  in s. 458.305 and “practice of osteopathic medicine” in s.
   87  459.003, the practice of medicine or osteopathic medicine also
   88  includes attaching to one’s name, either alone or in
   89  combination, or in connection with other words, any terms
   90  indicating that a person is licensed to practice medicine or
   91  osteopathic medicine or any of the following titles or
   92  designations, if used in an advertisement or in a manner that
   93  constitutes a misleading, deceptive, or fraudulent
   94  representation:
   95         (a)Doctor of medicine.
   96         (b)M.D.
   97         (c)Doctor of osteopathy.
   98         (d)D.O.
   99         (e)Emergency physician.
  100         (f)Family physician.
  101         (g)Interventional pain physician.
  102         (h)Medical doctor.
  103         (i)Osteopath.
  104         (j)Osteopathic physician.
  105         (k) Doctor of osteopathic medicine.
  106         (l)Surgeon.
  107         (m) Neurosurgeon.
  108         (n) General surgeon.
  109         (o) Resident physician.
  110         (p) Medical resident.
  111         (q) Medical intern.
  112         (r) Anesthesiologist.
  113         (s) Cardiologist.
  114         (t) Dermatologist.
  115         (u) Endocrinologist.
  116         (v) Gastroenterologist.
  117         (w) Gynecologist.
  118         (x) Hematologist.
  119         (y) Hospitalist.
  120         (z) Intensivist.
  121         (aa) Internist.
  122         (bb) Laryngologist.
  123         (cc) Nephrologist.
  124         (dd) Neurologist.
  125         (ee) Obstetrician.
  126         (ff) Oncologist.
  127         (gg) Ophthalmologist.
  128         (hh) Orthopedic surgeon.
  129         (ii) Orthopedist.
  130         (jj) Otologist.
  131         (kk) Otolaryngologist.
  132         (ll) Otorhinolaryngologist.
  133         (mm) Pathologist.
  134         (nn) Pediatrician.
  135         (oo) Primary care physician.
  136         (pp) Proctologist.
  137         (qq) Psychiatrist.
  138         (rr) Radiologist.
  139         (ss) Rheumatologist.
  140         (tt) Rhinologist.
  141         (uu) Urologist.
  142         (3) Notwithstanding subsection (2):
  143         (a) A licensed practitioner may use the name or title of
  144  his or her profession which is authorized under his or her
  145  practice act, and any corresponding designations or initials so
  146  authorized, to describe himself or herself and his or her
  147  practice.
  148         (b) A licensed practitioner who has a specialty area of
  149  practice authorized under his or her practice act may use the
  150  following format to identify himself or herself or describe his
  151  or her practice: “...(name or title of the practitioner’s
  152  profession)..., specializing in ...(name of the practitioner’s
  153  specialty)....”
  154         (c) A chiropractic physician licensed under chapter 460 may
  155  use the titles “chiropractic physician,” “doctor of chiropractic
  156  medicine,” “chiropractic radiologist,” and other titles,
  157  abbreviations, or designations authorized under his or her
  158  practice act or reflecting those chiropractic specialty areas in
  159  which the chiropractic physician has attained diplomate status
  160  as recognized by the American Chiropractic Association, the
  161  International Chiropractors Association, the International
  162  Academy of Clinical Neurology, or the International Chiropractic
  163  Pediatric Association.
  164         (d) A podiatric physician licensed under chapter 461 may
  165  use the following titles and abbreviations as applicable to his
  166  or her license, specialty, and certification: “podiatric
  167  physician,” “podiatric surgeon,” “Fellow in the American College
  168  of Foot and Ankle Surgeons,” and other titles or abbreviations
  169  authorized under his or her practice act.
  170         (e) A dentist licensed under chapter 466 may use the
  171  following titles and abbreviations as applicable to his or her
  172  license, specialty, and certification: “doctor of medicine in
  173  dentistry,” “doctor of dental medicine,” “D.M.D.,” “doctor of
  174  dental surgery,” “D.D.S.,” “oral surgeon,” “maxillofacial
  175  surgeon,” “oral and maxillofacial surgeon,” “O.M.S.,” “oral
  176  radiologist,” “dental anesthesiologist,” “oral pathologist,” and
  177  any other titles or abbreviations authorized under his or her
  178  practice act.
  179         (f) An anesthesiologist assistant licensed under chapter
  180  458 or chapter 459 may use only the titles “anesthesiologist
  181  assistant” or “certified anesthesiologist assistant” and the
  182  abbreviation “C.A.A.”
  183         (4) This section may not be construed to prohibit or
  184  interfere with a licensed practitioner’s ability to lawfully
  185  bill the Medicare program or other federal health care program
  186  using definitions or terminology provided under applicable
  187  federal law or regulations for services rendered to a patient
  188  enrolled in such program.
  189         Section 3. Paragraph (t) of subsection (1) of section
  190  456.072, Florida Statutes, is amended to read:
  191         456.072 Grounds for discipline; penalties; enforcement.—
  192         (1) The following acts shall constitute grounds for which
  193  the disciplinary actions specified in subsection (2) may be
  194  taken:
  195         (t)1.A practitioner’s failure, when treating or consulting
  196  with a patient, Failing to identify through written notice,
  197  which may include the wearing of a name tag the practitioner’s
  198  name and profession, as defined in s. 456.0651, or orally to a
  199  patient the type of license under which the practitioner is
  200  practicing. The information on the name tag must be consistent
  201  with the specifications of s. 456.0651(2) such that it does not
  202  constitute the unlicensed practice of medicine or osteopathic
  203  medicine.
  204         2.The failure of any advertisement for health care
  205  services naming the practitioner to must identify the
  206  profession, as defined in s. 456.0651, under which the
  207  practitioner is practicing and the practitioner’s educational
  208  degree, as defined in s. 456.0651, in relation to the services
  209  featured in the advertisement type of license the practitioner
  210  holds.
  211         3. Subparagraph 1. This paragraph does not apply to a
  212  practitioner while the practitioner is providing services in his
  213  or her own office that houses his or her practice or group
  214  practice. In such a case, if the practitioner chooses not to
  215  wear a name tag, the practitioner must prominently display a
  216  copy of his or her license in a conspicuous area of the practice
  217  so that it is easily visible to patients. The copy of the
  218  license must be no smaller than the original license. Such
  219  practitioner shall also verbally identify himself or herself to
  220  a new patient by name and identify the profession, as defined in
  221  s. 456.0651, under which the practitioner is practicing. Such
  222  verbal identification must be consistent with the specifications
  223  of s. 456.0651(2) such that it does not constitute the
  224  unlicensed practice of medicine or osteopathic medicine a
  225  facility licensed under chapter 394, chapter 395, chapter 400,
  226  or chapter 429.
  227         4. Each board, or the department if where there is no
  228  board, shall is authorized by rule to determine how its
  229  practitioners must may comply with this paragraph disclosure
  230  requirement.
  231         Section 4. This act shall take effect July 1, 2024.

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