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 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