Florida Senate - 2025 COMMITTEE AMENDMENT
Bill No. SB 172
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LEGISLATIVE ACTION
Senate . House
Comm: RCS .
03/26/2025 .
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The Committee on Health Policy (Burton) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 55 - 221
4 and insert:
5 Section 2. Paragraph (a) of subsection (2) of section
6 456.065, Florida Statutes, is amended to read:
7 456.065 Unlicensed practice of a health care profession;
8 intent; cease and desist notice; penalties; enforcement;
9 citations; fees; allocation and disposition of moneys
10 collected.—
11 (2) The penalties for unlicensed practice of a health care
12 profession shall include the following:
13 (a)1. When the department has probable cause to believe
14 that any person not licensed by the department, or the
15 appropriate regulatory board within the department, has violated
16 any provision of this chapter or any statute that relates to the
17 practice of a profession regulated by the department, or any
18 rule adopted pursuant thereto, the department may issue and
19 deliver to such person a notice to cease and desist from such
20 violation.
21 2. When the department has probable cause to believe that
22 any licensed health care practitioner has engaged in the
23 unlicensed practice of a health care profession by violating s.
24 456.65, the department may issue and deliver to such health care
25 practitioner a notice to cease and desist from such violation
26 and may pursue other remedies authorized under this section
27 which apply to the unlicensed practice of a health care
28 profession.
29 3. In addition to the remedies under subparagraphs 1. and
30 2., the department may issue and deliver a notice to cease and
31 desist to any person who aids and abets the unlicensed practice
32 of a profession by employing the such unlicensed person engaging
33 in the unlicensed practice.
34 4. The issuance of a notice to cease and desist shall not
35 constitute agency action for which a hearing under ss. 120.569
36 and 120.57 may be sought. For the purpose of enforcing a cease
37 and desist order, the department may file a proceeding in the
38 name of the state seeking issuance of an injunction or a writ of
39 mandamus against any person who violates any provisions of such
40 order.
41 Section 3. Section 456.65, Florida Statutes, is created to
42 read:
43 456.65 Specialties.—
44 (1)(a) A health care practitioner not licensed as a
45 physician under chapter 458 may not hold himself or herself out
46 to a patient or the public at large as a specialist by
47 describing himself or herself or his or her practice through the
48 use of any specialist title or designation specifically listed
49 under s. 458.3312(2), either alone or in combination, or in
50 connection with other words, unless the practitioner is
51 authorized to use such specialist title or designation under
52 subsection (3).
53 (b) A health care practitioner not licensed as a physician
54 under chapter 459 may not hold himself or herself out to a
55 patient or the public at large as a specialist by describing
56 himself or herself or his or her practice through the use of any
57 specialist title or designation specifically listed under s.
58 459.0152(2), either alone or in combination, or in connection
59 with other words, unless the practitioner is authorized to use
60 such specialist title or designation under subsection (3).
61 (2) A violation of subsection (1) constitutes the
62 unlicensed practice of medicine or osteopathic medicine, as
63 applicable, and the department may pursue remedies under s.
64 456.065 for such violation.
65 (3) Notwithstanding subsection (1):
66 (a) A licensed health care practitioner may use the name or
67 title of his or her profession which is authorized under his or
68 her practice act, and any corresponding designations or initials
69 so authorized, to describe himself or herself and his or her
70 practice.
71 (b) A licensed health care practitioner who has a specialty
72 area of practice authorized under his or her practice act may
73 use the following format to identify himself or herself or
74 describe his or her practice: “...(name or title of the
75 practitioner’s profession)..., specializing in ...(name of the
76 practitioner’s specialty)....”
77 (c) A chiropractic physician licensed under chapter 460 may
78 use the title “chiropractic radiologist” and other titles,
79 abbreviations, or designations authorized under his or her
80 practice act reflecting those chiropractic specialty areas in
81 which the chiropractic physician has attained diplomate status
82 as recognized by the American Chiropractic Association, the
83 International Chiropractors Association, the International
84 Academy of Clinical Neurology, or the International Chiropractic
85 Pediatric Association.
86 (d) A podiatric physician licensed under chapter 461 may
87 use the following titles and abbreviations as applicable to his
88 or her license, specialty, and certification: “podiatric
89 surgeon,” “Fellow in the American College of Foot and Ankle
90 Surgeons,” and any other titles or abbreviations authorized
91 under his or her practice act.
92 (e) A dentist licensed under chapter 466 may use the
93 following titles and abbreviations as applicable to his or her
94 license, specialty, and certification: “doctor of dental
95 surgery,” “D.D.S.,” “oral surgeon,” “maxillofacial surgeon,”
96 “oral and maxillofacial surgeon,” “O.M.S.,” “dental
97 anesthesiologist,” “oral pathologist,” “oral radiologist,” and
98 any other titles or abbreviations authorized under his or her
99 practice act.
100 (f) An anesthesiologist assistant licensed under chapter
101 458 or chapter 459 may use the titles “anesthesiologist
102 assistant” or “certified anesthesiologist assistant” and the
103 abbreviations “A.A.” or “C.A.A.,” as applicable.
104 (g) A physician licensed under chapter 458 or chapter 459
105 may use a specialist title or designation according to s.
106 458.3312 or s. 459.0152, as applicable.
107 Section 4. Section 458.3312, Florida Statutes, is amended
108 to read:
109 458.3312 Specialties.—
110 (1) A physician licensed under this chapter may not hold
111 himself or herself out as a board-certified specialist unless
112 the physician has received formal recognition as a specialist
113 from a specialty board of the American Board of Medical
114 Specialties or other recognizing agency that has been approved
115 by the board. However, a physician may indicate the services
116 offered and may state that his or her practice is limited to one
117 or more types of services when this accurately reflects the
118 scope of practice of the physician.
119 (2) Specialist titles and designations to which subsection
120 (1) applies include:
121 (a) Surgeon.
122 (b) Neurosurgeon.
123 (c) General surgeon.
124 (d) Plastic surgeon.
125 (e) Thoracic surgeon.
126 (f) Allergist.
127 (g) Anesthesiologist.
128 (h) Cardiologist.
129 (i) Dermatologist.
130 (j) Endocrinologist.
131 (k) Gastroenterologist.
132 (l) Geriatrician.
133 (m) Gynecologist.
134 (n) Hematologist.
135 (o) Hospitalist.
136 (p) Immunologist.
137 (q) Intensivist.
138 (r) Internist.
139 (s) Laryngologist.
140 (t) Nephrologist.
141 (u) Neurologist.
142 (v) Neurotologist.
143 (w) Obstetrician.
144 (x) Oncologist.
145 (y) Ophthalmologist.
146 (z) Orthopedic surgeon.
147 (aa) Orthopedist.
148 (bb) Otologist.
149 (cc) Otolaryngologist.
150 (dd) Otorhinolaryngologist.
151 (ee) Pathologist.
152 (ff) Pediatrician.
153 (gg) Proctologist.
154 (hh) Psychiatrist.
155 (ii) Pulmonologist.
156 (jj) Radiologist.
157 (kk) Rheumatologist.
158 (ll) Rhinologist.
159 (mm) Urologist.
160 (3) The board may adopt by rule additional specialist
161 titles and designations to which subsection (1) applies.
162 Section 5. Section 459.0152, Florida Statutes, is amended
163 to read:
164 459.0152 Specialties.—
165 (1) An osteopathic physician licensed under this chapter
166 may not hold himself or herself out as a board-certified
167 specialist unless the osteopathic physician has successfully
168 completed the requirements for certification by the American
169 Osteopathic Association or the Accreditation Council on Graduate
170 Medical Education and is certified as a specialist by a
171 certifying agency approved by the board. However, an osteopathic
172 physician may indicate the services offered and may state that
173 his or her practice is limited to one or more types of services
174 when this accurately reflects the scope of practice of the
175 osteopathic physician.
176 (2) Specialist titles and designations to which subsection
177 (1) applies include:
178 (a) Surgeon.
179 (b) Neurosurgeon.
180 (c) General surgeon.
181 (d) Plastic surgeon.
182 (e) Thoracic surgeon.
183 (f) Allergist.
184 (g) Anesthesiologist.
185 (h) Cardiologist.
186 (i) Dermatologist.
187 (j) Endocrinologist.
188 (k) Gastroenterologist.
189 (l) Geriatrician.
190 (m) Gynecologist.
191 (n) Hematologist.
192 (o) Hospitalist.
193 (p) Immunologist.
194 (q) Intensivist.
195 (r) Internist.
196 (s) Laryngologist.
197 (t) Nephrologist.
198 (u) Neurologist.
199 (v) Neurotologist.
200 (w) Obstetrician.
201 (x) Oncologist.
202 (y) Ophthalmologist.
203 (z) Orthopedic surgeon.
204 (aa) Orthopedist.
205 (bb) Otologist.
206 (cc) Otolaryngologist.
207 (dd) Otorhinolaryngologist.
208 (ee) Pathologist.
209 (ff) Pediatrician.
210 (gg) Proctologist.
211 (hh) Psychiatrist.
212 (ii) Pulmonologist.
213 (jj) Radiologist.
214 (kk) Rheumatologist.
215 (ll) Rhinologist.
216 (mm) Urologist.
217 (3) The board may adopt by rule additional specialist
218 titles and designations to which subsection (1) applies.
219
220 ================= T I T L E A M E N D M E N T ================
221 And the title is amended as follows:
222 Delete lines 4 - 20
223 and insert:
224 revising legislative findings; amending s. 456.065,
225 F.S.; providing circumstances under which the
226 Department of Health may issue a notice to cease and
227 desist and pursue other remedies upon finding probable
228 cause; creating s. 456.65, F.S.; prohibiting the use
229 of specified titles and designations by health care
230 practitioners not licensed as physicians or
231 osteopathic physicians, as applicable, with an
232 exception; providing that the use of such titles and
233 designations constitutes the unlicensed practice of
234 medicine or osteopathic medicine, as applicable;
235 authorizing the department to pursue specified
236 remedies for such violations; authorizing health care
237 practitioners to use names and titles, and their
238 corresponding designations and initials, authorized by
239 their respective practice acts; specifying the manner
240 in which health care practitioners may represent their
241 specialty practice areas; specifying titles and
242 abbreviations certain health care practitioners may
243 use; amending ss. 458.3312 and