Florida Senate - 2020 CS for SB 500 By the Committee on Health Policy; and Senator Harrell 588-02262-20 2020500c1 1 A bill to be entitled 2 An act relating to prohibited acts by health care 3 practitioners; creating s. 456.0465, F.S.; specifying 4 names and titles that licensed health care 5 practitioners are prohibited from using under certain 6 circumstances; requiring the Department of Health to 7 issue an emergency cease and desist order for 8 specified violations; providing exceptions; providing 9 for service of the order; providing penalties; 10 authorizing the department to adopt rules; providing 11 an effective date. 12 13 Be It Enacted by the Legislature of the State of Florida: 14 15 Section 1. Section 456.0465, Florida Statutes, is created 16 to read: 17 456.0465 Health care practitioners; prohibited actions.— 18 (1)(a) A health care practitioner licensed by the 19 department may not use the name or title “physician,” “surgeon,” 20 “dentist,” “medical doctor,” “doctor of osteopathy,” “doctor of 21 dental medicine,” “doctor of dental surgery,” “M.D.,” “D.M.D.,” 22 “D.D.S.,” “anesthesiologist,” “cardiologist,” “dermatologist,” 23 “endocrinologist,” “endodontist,” “gastroenterologist,” “general 24 practitioner,” “gynecologist,” “hematologist,” “hospitalist,” 25 “internist,” “interventional pain medicine physician,” 26 “laryngologist,” “nephrologist,” “neurologist,” “obstetrician,” 27 “oncologist,” “ophthalmologist,” “oral and maxillofacial 28 surgeon,” “orthodontist,” “orthopedic surgeon,” “orthopedist,” 29 “osteopath,” “otologist,” “otolaryngologist,” 30 “otorhinolaryngologist,” “pathologist,” “pediatrician,” 31 “physiatrist,” “pedodontist,” “periodontist,” “podiatrist,” 32 “primary care physician,” “proctologist,” “prosthodontist,” 33 “psychiatrist,” “radiologist,” “rheumatologist,” “rhinologist,” 34 or “urologist,” or any other words, letters, abbreviations, or 35 insignia indicating or implying that he or she is licensed or 36 authorized by chapter 458, chapter 459, chapter 461, or chapter 37 466 to practice as such, unless he or she is licensed and 38 authorized by one of those chapters, or is registered with the 39 appropriate board as an allopathic, osteopathic, or podiatric 40 physician or dentist pursuant to s. 456.47(4), to practice as 41 such. 42 (b) If the department finds that any licensed health care 43 practitioner has violated paragraph (a), the department shall 44 issue an emergency order to the practitioner to cease and desist 45 the use of such name, title, words, letters, abbreviations, or 46 insignia. The department shall send the emergency cease and 47 desist order to the practitioner by certified mail and email to 48 the practitioner’s physical address and email address of record 49 with the department and to any other mailing address or email 50 address through which the department believes the person may be 51 reached. 52 (c) If the practitioner does not cease and desist his or 53 her actions in violation of paragraph (a) immediately upon 54 receipt of the emergency cease and desist order, the department 55 shall enter an order imposing one or more of the following 56 penalties until the practitioner complies with the cease and 57 desist order: 58 1. A citation and a daily fine. 59 2. A reprimand or a letter of concern. 60 3. Suspension of license. 61 (d) Notwithstanding paragraphs (a)-(c): 62 1. A doctor of chiropractic medicine licensed under chapter 63 460, or a chiropractic physician registered with the board of 64 chiropractic medicine pursuant to s. 456.47(4), to practice as 65 such, may use the name or title “doctor of chiropractic 66 medicine″ or “chiropractic physician.″ 67 2. A licensed chiropractic physician who has achieved 68 diplomate or fellow status from the American Board of 69 Chiropractic Specialties, American Chiropractic Board of Sports 70 Physicians, American College of Chiropractic Orthopedists, 71 American Chiropractic Neurology Board, International 72 Chiropractors Association, or International Chiropractic 73 Pediatric Association, or in a specific specialty or 74 subspecialty, may use, as appropriate for his or her diplomate 75 or fellow status, “chiropractic radiologist,″ “chiropractic 76 internist,” “chiropractic neurologist,″ “chiropractic 77 orthopedist,″ or “chiropractic pediatrician,″ in addition to 78 other names or titles associated with such diplomate or fellow 79 status. 80 3. A licensed dentist who has achieved diplomate status or 81 board certification from the American Board of Dental Public 82 Health, the American Board of Endodontics, the American Board of 83 Oral and Maxillofacial Pathology, the American Board of Oral and 84 Maxillofacial Radiology, the American Board of Oral and 85 Maxillofacial Surgery, the American Board of Orthodontics, the 86 American Board of Pediatric Dentistry, the American Board of 87 Periodontology, the American Board of Prosthodontics, the 88 American Board of Oral Implantology/Implant Dentistry, the 89 American Board of Oral Medicine, the American Board of Orofacial 90 Pain, the American Dental Board of Anesthesiology, or the 91 American Board of General Dentistry, in a specific specialty or 92 subspecialty, may use, as appropriate for his or her diplomate 93 status or board certification, the name or term “dental 94 anesthesiologist,″ “doctor of oral medicine,″ “dental oral and 95 maxillofacial radiologist,″ “dental orthodontic and dentofacial 96 orthopedist,″ or “dental oral and maxillofacial pathologist,″ in 97 addition to other names or titles associated with such diplomate 98 status or board certification. 99 (2) The department may adopt rules to implement this 100 section. 101 Section 2. This act shall take effect upon becoming a law.