Florida Senate - 2025                                     SB 172
       
       
        
       By Senator Burton
       
       
       
       
       
       12-00972-25                                            2025172__
    1                        A bill to be entitled                      
    2         An act relating to health care practitioner specialty
    3         titles and designations; amending s. 456.003, F.S.;
    4         revising legislative findings; creating s. 456.65,
    5         F.S.; prohibiting the use of specified titles and
    6         designations by health care practitioners not licensed
    7         as physicians or osteopathic physicians, as
    8         applicable, with an exception; providing that the use
    9         of such titles and designations constitutes the
   10         unlicensed practice of medicine or osteopathic
   11         medicine, as applicable; authorizing the Department of
   12         Health to pursue specified remedies for such
   13         violations; authorizing health care practitioners to
   14         use names and titles, and their corresponding
   15         designations and initials, authorized by their
   16         respective practice acts; specifying the manner in
   17         which health care practitioners may represent their
   18         specialty practice areas; specifying titles and
   19         abbreviations certain health care practitioners may
   20         use; providing construction; amending ss. 458.3312 and
   21         459.0152, F.S.; specifying specialist titles and
   22         designations that physicians and osteopathic
   23         physicians, respectively, are prohibited from using
   24         unless they have received formal recognition by the
   25         appropriate recognizing agency for such specialty
   26         certifications; authorizing the Board of Medicine and
   27         the Board of Osteopathic Medicine, as applicable, to
   28         adopt certain rules; providing an effective date.
   29          
   30  Be It Enacted by the Legislature of the State of Florida:
   31  
   32         Section 1. Subsection (2) of section 456.003, Florida
   33  Statutes, is amended to read:
   34         456.003 Legislative intent; requirements.—
   35         (2) The Legislature further finds believes that such
   36  professions must shall be regulated only for the preservation of
   37  the health, safety, and welfare of the public under the police
   38  powers of the state, and that the health, safety, and welfare of
   39  the public may be harmed or endangered by the unlawful practice
   40  of a profession; by a misleading, deceptive, or fraudulent
   41  representation relating to a persons authority to practice a
   42  profession lawfully; or when patients are uninformed about the
   43  profession under which a health care practitioner is practicing
   44  before receiving professional consultation or services from the
   45  practitioner. As a matter of great public importance, such
   46  professions must shall be regulated when:
   47         (a) Their unregulated practice can harm or endanger the
   48  health, safety, and welfare of the public, and when the
   49  potential for such harm is recognizable and clearly outweighs
   50  any anticompetitive impact which may result from regulation.
   51         (b) The public is not effectively protected by other means,
   52  including, but not limited to, other state statutes, local
   53  ordinances, or federal legislation.
   54         (c) Less restrictive means of regulation are not available.
   55         Section 2. Section 456.65, Florida Statutes, is created to
   56  read:
   57         456.65 Specialties.—
   58         (1)(a)A health care practitioner not licensed as a
   59  physician under chapter 458 may not hold himself or herself out
   60  to a patient or the public at large as a specialist by
   61  describing himself or herself or his or her practice through the
   62  use of any specialist title or designation specifically listed
   63  under s. 458.3312(2), either alone or in combination, or in
   64  connection with other words, unless the practitioner is
   65  authorized to use such specialist title or designation under
   66  subsection (2).
   67         (b) A health care practitioner not licensed as a physician
   68  under chapter 459 may not hold himself or herself out to a
   69  patient or the public at large as a specialist by describing
   70  himself or herself or his or her practice through the use of any
   71  specialist title or designation specifically listed under s.
   72  459.0152(2), either alone or in combination, or in connection
   73  with other words, unless the practitioner is authorized to use
   74  such specialist title or designation under subsection (2).
   75         (c) A violation of paragraph (a) or paragraph (b)
   76  constitutes the unlicensed practice of medicine or osteopathic
   77  medicine, as applicable, and the department may pursue remedies
   78  under s. 456.065 for such violation.
   79         (2) Notwithstanding subsection (1):
   80         (a) A licensed health care practitioner may use the name or
   81  title of his or her profession which is authorized under his or
   82  her practice act, and any corresponding designations or initials
   83  so authorized, to describe himself or herself and his or her
   84  practice.
   85         (b) A licensed health care practitioner who has a specialty
   86  area of practice authorized under his or her practice act may
   87  use the following format to identify himself or herself or
   88  describe his or her practice: “...(name or title of the
   89  practitioner’s profession)..., specializing in ...(name of the
   90  practitioner’s specialty)....”
   91         (c) A chiropractic physician licensed under chapter 460 may
   92  use the title “chiropractic radiologist” and other titles,
   93  abbreviations, or designations authorized under his or her
   94  practice act reflecting those chiropractic specialty areas in
   95  which the chiropractic physician has attained diplomate status
   96  as recognized by the American Chiropractic Association, the
   97  International Chiropractors Association, the International
   98  Academy of Clinical Neurology, or the International Chiropractic
   99  Pediatric Association.
  100         (d) A podiatric physician licensed under chapter 461 may
  101  use the following titles and abbreviations as applicable to his
  102  or her license, specialty, and certification: “podiatric
  103  surgeon,” “Fellow in the American College of Foot and Ankle
  104  Surgeons,” and any other titles or abbreviations authorized
  105  under his or her practice act.
  106         (e) A dentist licensed under chapter 466 may use the
  107  following titles and abbreviations as applicable to his or her
  108  license, specialty, and certification: “doctor of dental
  109  surgery,” “D.D.S.,” “oral surgeon,” “maxillofacial surgeon,”
  110  “oral and maxillofacial surgeon,” “O.M.S.,” “dental
  111  anesthesiologist,” “oral pathologist,” “oral radiologist,” and
  112  any other titles or abbreviations authorized under his or her
  113  practice act.
  114         (f) An anesthesiologist assistant licensed under chapter
  115  458 or chapter 459 may use only the titles “anesthesiologist
  116  assistant” or “certified anesthesiologist assistant” and the
  117  abbreviation “C.A.A.”
  118         (3) This section may not be construed to prohibit or
  119  interfere with a licensed practitioner’s ability to bill
  120  lawfully the Medicare program or other federal health care
  121  program using definitions or terminology provided under
  122  applicable federal law or regulations for services rendered to a
  123  patient enrolled in such program.
  124         Section 3. Section 458.3312, Florida Statutes, is amended
  125  to read:
  126         458.3312 Specialties.—
  127         (1) A physician licensed under this chapter may not hold
  128  himself or herself out as a board-certified specialist unless
  129  the physician has received formal recognition as a specialist
  130  from a specialty board of the American Board of Medical
  131  Specialties or other recognizing agency that has been approved
  132  by the board. However, a physician may indicate the services
  133  offered and may state that his or her practice is limited to one
  134  or more types of services when this accurately reflects the
  135  scope of practice of the physician.
  136         (2)Specialist titles and designations that are subject to
  137  subsection (1) include:
  138         (a) Surgeon.
  139         (b) Neurosurgeon.
  140         (c) General surgeon.
  141         (d) Anesthesiologist.
  142         (e) Cardiologist.
  143         (f) Dermatologist.
  144         (g) Endocrinologist.
  145         (h) Gastroenterologist.
  146         (i) Gynecologist.
  147         (j) Hematologist.
  148         (k) Hospitalist.
  149         (l) Intensivist.
  150         (m) Internist.
  151         (n) Laryngologist.
  152         (o) Nephrologist.
  153         (p) Neurologist.
  154         (q) Obstetrician.
  155         (r) Oncologist.
  156         (s) Ophthalmologist.
  157         (t) Orthopedic surgeon.
  158         (u) Orthopedist.
  159         (v) Otologist.
  160         (w) Otolaryngologist.
  161         (x) Otorhinolaryngologist.
  162         (y) Pathologist.
  163         (z) Pediatrician.
  164         (aa) Proctologist.
  165         (bb) Psychiatrist.
  166         (cc) Radiologist.
  167         (dd) Rheumatologist.
  168         (ee) Rhinologist.
  169         (ff) Urologist.
  170         (3) The board may adopt by rule additional specialist
  171  titles and designations that are subject to subsection (1).
  172         Section 4. Section 459.0152, Florida Statutes, is amended
  173  to read:
  174         459.0152 Specialties.—
  175         (1) An osteopathic physician licensed under this chapter
  176  may not hold himself or herself out as a board-certified
  177  specialist unless the osteopathic physician has successfully
  178  completed the requirements for certification by the American
  179  Osteopathic Association or the Accreditation Council on Graduate
  180  Medical Education and is certified as a specialist by a
  181  certifying agency approved by the board. However, an osteopathic
  182  physician may indicate the services offered and may state that
  183  his or her practice is limited to one or more types of services
  184  when this accurately reflects the scope of practice of the
  185  osteopathic physician.
  186         (2) Specialist titles and designations that are subject to
  187  subsection (1) include:
  188         (a) Surgeon.
  189         (b) Neurosurgeon.
  190         (c) General surgeon.
  191         (d) Anesthesiologist.
  192         (e) Cardiologist.
  193         (f) Dermatologist.
  194         (g) Endocrinologist.
  195         (h) Gastroenterologist.
  196         (i) Gynecologist.
  197         (j) Hematologist.
  198         (k) Hospitalist.
  199         (l) Intensivist.
  200         (m) Internist.
  201         (n) Laryngologist.
  202         (o) Nephrologist.
  203         (p) Neurologist.
  204         (q) Obstetrician.
  205         (r) Oncologist.
  206         (s) Ophthalmologist.
  207         (t) Orthopedic surgeon.
  208         (u) Orthopedist.
  209         (v) Otologist.
  210         (w) Otolaryngologist.
  211         (x) Otorhinolaryngologist.
  212         (y) Pathologist.
  213         (z) Pediatrician.
  214         (aa) Proctologist.
  215         (bb) Psychiatrist.
  216         (cc) Radiologist.
  217         (dd) Rheumatologist.
  218         (ee) Rhinologist.
  219         (ff) Urologist.
  220         (3) The board may adopt by rule additional specialist
  221  titles and designations that are subject to subsection (1).
  222         Section 5. This act shall take effect July 1, 2025.