Florida Senate - 2025 COMMITTEE AMENDMENT Bill No. SB 172 Ì310092zÎ310092 LEGISLATIVE ACTION Senate . House Comm: RCS . 03/26/2025 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— 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 thesuch unlicensedperson 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