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 findsbelievesthat such 39 professions mustshallbe 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 person’s 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 mustshallbe 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 thesuch unlicensedperson 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.