Florida Senate - 2025                              CS for SB 172
       
       
        
       By the Committee on Health Policy; and Senators Burton and
       Passidomo
       
       
       
       
       588-02851-25                                           2025172c1
    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; amending s. 456.065,
    5         F.S.; providing circumstances under which the
    6         Department of Health may issue a notice to cease and
    7         desist and pursue other remedies upon finding probable
    8         cause; creating s. 456.65, F.S.; prohibiting the use
    9         of specified titles and designations by health care
   10         practitioners not licensed as physicians or
   11         osteopathic physicians, as applicable, with an
   12         exception; providing that the use of such titles and
   13         designations constitutes the unlicensed practice of
   14         medicine or osteopathic medicine, as applicable;
   15         authorizing the department to pursue specified
   16         remedies for such violations; authorizing health care
   17         practitioners to use names and titles, and their
   18         corresponding designations and initials, authorized by
   19         their respective practice acts; specifying the manner
   20         in which health care practitioners may represent their
   21         specialty practice areas; specifying titles and
   22         abbreviations certain health care practitioners may
   23         use; amending ss. 458.3312 and 459.0152, F.S.;
   24         specifying specialist titles and designations that
   25         physicians and osteopathic physicians, respectively,
   26         are prohibited from using unless they have received
   27         formal recognition by the appropriate recognizing
   28         agency for such specialty certifications; authorizing
   29         the Board of Medicine and the Board of Osteopathic
   30         Medicine, as applicable, to adopt certain rules;
   31         providing an effective date.
   32          
   33  Be It Enacted by the Legislature of the State of Florida:
   34  
   35         Section 1. Subsection (2) of section 456.003, Florida
   36  Statutes, is amended to read:
   37         456.003 Legislative intent; requirements.—
   38         (2) The Legislature further finds believes that such
   39  professions must shall be regulated only for the preservation of
   40  the health, safety, and welfare of the public under the police
   41  powers of the state, and that the health, safety, and welfare of
   42  the public may be harmed or endangered by the unlawful practice
   43  of a profession; by a misleading, deceptive, or fraudulent
   44  representation relating to a persons authority to practice a
   45  profession lawfully; or when patients are uninformed about the
   46  profession under which a health care practitioner is practicing
   47  before receiving professional consultation or services from the
   48  practitioner. As a matter of great public importance, such
   49  professions must shall be regulated when:
   50         (a) Their unregulated practice can harm or endanger the
   51  health, safety, and welfare of the public, and when the
   52  potential for such harm is recognizable and clearly outweighs
   53  any anticompetitive impact which may result from regulation.
   54         (b) The public is not effectively protected by other means,
   55  including, but not limited to, other state statutes, local
   56  ordinances, or federal legislation.
   57         (c) Less restrictive means of regulation are not available.
   58         Section 2. Paragraph (a) of subsection (2) of section
   59  456.065, Florida Statutes, is amended to read:
   60         456.065 Unlicensed practice of a health care profession;
   61  intent; cease and desist notice; penalties; enforcement;
   62  citations; fees; allocation and disposition of moneys
   63  collected.—
   64         (2) The penalties for unlicensed practice of a health care
   65  profession shall include the following:
   66         (a)1. When the department has probable cause to believe
   67  that any person not licensed by the department, or the
   68  appropriate regulatory board within the department, has violated
   69  any provision of this chapter or any statute that relates to the
   70  practice of a profession regulated by the department, or any
   71  rule adopted pursuant thereto, the department may issue and
   72  deliver to such person a notice to cease and desist from such
   73  violation.
   74         2. When the department has probable cause to believe that
   75  any licensed health care practitioner has engaged in the
   76  unlicensed practice of a health care profession by violating s.
   77  456.65, the department may issue and deliver to such health care
   78  practitioner a notice to cease and desist from such violation
   79  and may pursue other remedies authorized under this section
   80  which apply to the unlicensed practice of a health care
   81  profession.
   82         3. In addition to the remedies under subparagraphs 1. and
   83  2., the department may issue and deliver a notice to cease and
   84  desist to any person who aids and abets the unlicensed practice
   85  of a profession by employing the such unlicensed person engaging
   86  in the unlicensed practice.
   87         4. The issuance of a notice to cease and desist shall not
   88  constitute agency action for which a hearing under ss. 120.569
   89  and 120.57 may be sought. For the purpose of enforcing a cease
   90  and desist order, the department may file a proceeding in the
   91  name of the state seeking issuance of an injunction or a writ of
   92  mandamus against any person who violates any provisions of such
   93  order.
   94         Section 3. Section 456.65, Florida Statutes, is created to
   95  read:
   96         456.65 Specialties.—
   97         (1)(a)A health care practitioner not licensed as a
   98  physician under chapter 458 may not hold himself or herself out
   99  to a patient or the public at large as a specialist by
  100  describing himself or herself or his or her practice through the
  101  use of any specialist title or designation specifically listed
  102  under s. 458.3312(2), either alone or in combination, or in
  103  connection with other words, unless the practitioner is
  104  authorized to use such specialist title or designation under
  105  subsection (3).
  106         (b) A health care practitioner not licensed as a physician
  107  under chapter 459 may not hold himself or herself out to a
  108  patient or the public at large as a specialist by describing
  109  himself or herself or his or her practice through the use of any
  110  specialist title or designation specifically listed under s.
  111  459.0152(2), either alone or in combination, or in connection
  112  with other words, unless the practitioner is authorized to use
  113  such specialist title or designation under subsection (3).
  114         (2) A violation of subsection (1) constitutes the
  115  unlicensed practice of medicine or osteopathic medicine, as
  116  applicable, and the department may pursue remedies under s.
  117  456.065 for such violation.
  118         (3) Notwithstanding subsection (1):
  119         (a) A licensed health care practitioner may use the name or
  120  title of his or her profession which is authorized under his or
  121  her practice act, and any corresponding designations or initials
  122  so authorized, to describe himself or herself and his or her
  123  practice.
  124         (b) A licensed health care practitioner who has a specialty
  125  area of practice authorized under his or her practice act may
  126  use the following format to identify himself or herself or
  127  describe his or her practice: “...(name or title of the
  128  practitioner’s profession)..., specializing in ...(name of the
  129  practitioner’s specialty)....”
  130         (c) A chiropractic physician licensed under chapter 460 may
  131  use the title “chiropractic radiologist” and other titles,
  132  abbreviations, or designations authorized under his or her
  133  practice act reflecting those chiropractic specialty areas in
  134  which the chiropractic physician has attained diplomate status
  135  as recognized by the American Chiropractic Association, the
  136  International Chiropractors Association, the International
  137  Academy of Clinical Neurology, or the International Chiropractic
  138  Pediatric Association.
  139         (d) A podiatric physician licensed under chapter 461 may
  140  use the following titles and abbreviations as applicable to his
  141  or her license, specialty, and certification: “podiatric
  142  surgeon,” “Fellow in the American College of Foot and Ankle
  143  Surgeons,” and any other titles or abbreviations authorized
  144  under his or her practice act.
  145         (e) A dentist licensed under chapter 466 may use the
  146  following titles and abbreviations as applicable to his or her
  147  license, specialty, and certification: “doctor of dental
  148  surgery,” “D.D.S.,” “oral surgeon,” “maxillofacial surgeon,”
  149  “oral and maxillofacial surgeon,” “O.M.S.,” “dental
  150  anesthesiologist,” “oral pathologist,” “oral radiologist,” and
  151  any other titles or abbreviations authorized under his or her
  152  practice act.
  153         (f) An anesthesiologist assistant licensed under chapter
  154  458 or chapter 459 may use the titles “anesthesiologist
  155  assistant” or “certified anesthesiologist assistant” and the
  156  abbreviations “A.A.” or “C.A.A., as applicable.
  157         (g)A physician licensed under chapter 458 or chapter 459
  158  may use a specialist title or designation according to s.
  159  458.3312 or s. 459.0152, as applicable.
  160         Section 4. Section 458.3312, Florida Statutes, is amended
  161  to read:
  162         458.3312 Specialties.—
  163         (1) A physician licensed under this chapter may not hold
  164  himself or herself out as a board-certified specialist unless
  165  the physician has received formal recognition as a specialist
  166  from a specialty board of the American Board of Medical
  167  Specialties or other recognizing agency that has been approved
  168  by the board. However, a physician may indicate the services
  169  offered and may state that his or her practice is limited to one
  170  or more types of services when this accurately reflects the
  171  scope of practice of the physician.
  172         (2)Specialist titles and designations to which subsection
  173  (1) applies include:
  174         (a) Surgeon.
  175         (b) Neurosurgeon.
  176         (c) General surgeon.
  177         (d)Plastic surgeon.
  178         (e)Thoracic surgeon.
  179         (f)Allergist.
  180         (g) Anesthesiologist.
  181         (h) Cardiologist.
  182         (i) Dermatologist.
  183         (j) Endocrinologist.
  184         (k) Gastroenterologist.
  185         (l)Geriatrician.
  186         (m) Gynecologist.
  187         (n) Hematologist.
  188         (o) Hospitalist.
  189         (p)Immunologist.
  190         (q) Intensivist.
  191         (r) Internist.
  192         (s) Laryngologist.
  193         (t) Nephrologist.
  194         (u) Neurologist.
  195         (v)Neurotologist.
  196         (w) Obstetrician.
  197         (x) Oncologist.
  198         (y) Ophthalmologist.
  199         (z) Orthopedic surgeon.
  200         (aa) Orthopedist.
  201         (bb) Otologist.
  202         (cc) Otolaryngologist.
  203         (dd) Otorhinolaryngologist.
  204         (ee) Pathologist.
  205         (ff) Pediatrician.
  206         (gg) Proctologist.
  207         (hh) Psychiatrist.
  208         (ii)Pulmonologist.
  209         (jj) Radiologist.
  210         (kk) Rheumatologist.
  211         (ll) Rhinologist.
  212         (mm) Urologist.
  213         (3) The board may adopt by rule additional specialist
  214  titles and designations to which subsection (1) applies.
  215         Section 5. Section 459.0152, Florida Statutes, is amended
  216  to read:
  217         459.0152 Specialties.—
  218         (1) An osteopathic physician licensed under this chapter
  219  may not hold himself or herself out as a board-certified
  220  specialist unless the osteopathic physician has successfully
  221  completed the requirements for certification by the American
  222  Osteopathic Association or the Accreditation Council on Graduate
  223  Medical Education and is certified as a specialist by a
  224  certifying agency approved by the board. However, an osteopathic
  225  physician may indicate the services offered and may state that
  226  his or her practice is limited to one or more types of services
  227  when this accurately reflects the scope of practice of the
  228  osteopathic physician.
  229         (2) Specialist titles and designations to which subsection
  230  (1) applies include:
  231         (a) Surgeon.
  232         (b) Neurosurgeon.
  233         (c) General surgeon.
  234         (d) Plastic surgeon.
  235         (e) Thoracic surgeon.
  236         (f) Allergist.
  237         (g) Anesthesiologist.
  238         (h) Cardiologist.
  239         (i) Dermatologist.
  240         (j) Endocrinologist.
  241         (k) Gastroenterologist.
  242         (l) Geriatrician.
  243         (m) Gynecologist.
  244         (n) Hematologist.
  245         (o) Hospitalist.
  246         (p) Immunologist.
  247         (q) Intensivist.
  248         (r) Internist.
  249         (s) Laryngologist.
  250         (t) Nephrologist.
  251         (u) Neurologist.
  252         (v) Neurotologist.
  253         (w) Obstetrician.
  254         (x) Oncologist.
  255         (y) Ophthalmologist.
  256         (z) Orthopedic surgeon.
  257         (aa) Orthopedist.
  258         (bb) Otologist.
  259         (cc) Otolaryngologist.
  260         (dd) Otorhinolaryngologist.
  261         (ee) Pathologist.
  262         (ff) Pediatrician.
  263         (gg) Proctologist.
  264         (hh) Psychiatrist.
  265         (ii) Pulmonologist.
  266         (jj) Radiologist.
  267         (kk) Rheumatologist.
  268         (ll) Rhinologist.
  269         (mm) Urologist.
  270         (3) The board may adopt by rule additional specialist
  271  titles and designations to which subsection (1) applies.
  272         Section 6. This act shall take effect July 1, 2025.