Florida Senate - 2025 CS for CS for SB 172 By the Committees on Rules; and Health Policy; and Senators Burton and Passidomo 595-03120-25 2025172c2 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; prohibiting health care practitioners not 24 licensed as certified registered nurse anesthetists 25 from using a specified title and abbreviations under 26 certain conditions; providing that the use of such 27 title or abbreviations constitutes the unlicensed 28 practice of nursing; authorizing the department to 29 pursue specified remedies for such violations; 30 providing construction; amending ss. 458.3312 and 31 459.0152, F.S.; specifying specialist titles and 32 designations that physicians and osteopathic 33 physicians, respectively, are prohibited from using 34 unless they have received formal recognition by the 35 appropriate recognizing agency for such specialty 36 certifications; authorizing the Board of Medicine and 37 the Board of Osteopathic Medicine, as applicable, to 38 adopt certain rules; providing an effective date. 39 40 Be It Enacted by the Legislature of the State of Florida: 41 42 Section 1. Subsection (2) of section 456.003, Florida 43 Statutes, is amended to read: 44 456.003 Legislative intent; requirements.— 45 (2) The Legislature further findsbelievesthat such 46 professions mustshallbe regulated only for the preservation of 47 the health, safety, and welfare of the public under the police 48 powers of the state, and that the health, safety, and welfare of 49 the public may be harmed or endangered by the unlawful practice 50 of a profession; by a misleading, deceptive, or fraudulent 51 representation relating to a person’s authority to practice a 52 profession lawfully; or when patients are uninformed about the 53 profession under which a health care practitioner is practicing 54 before receiving professional consultation or services from the 55 practitioner. As a matter of great public importance, such 56 professions mustshallbe regulated when: 57 (a) Their unregulated practice can harm or endanger the 58 health, safety, and welfare of the public, and when the 59 potential for such harm is recognizable and clearly outweighs 60 any anticompetitive impact which may result from regulation. 61 (b) The public is not effectively protected by other means, 62 including, but not limited to, other state statutes, local 63 ordinances, or federal legislation. 64 (c) Less restrictive means of regulation are not available. 65 Section 2. Paragraph (a) of subsection (2) of section 66 456.065, Florida Statutes, is amended to read: 67 456.065 Unlicensed practice of a health care profession; 68 intent; cease and desist notice; penalties; enforcement; 69 citations; fees; allocation and disposition of moneys 70 collected.— 71 (2) The penalties for unlicensed practice of a health care 72 profession shall include the following: 73 (a)1. When the department has probable cause to believe 74 that any person not licensed by the department, or the 75 appropriate regulatory board within the department, has violated 76 any provision of this chapter or any statute that relates to the 77 practice of a profession regulated by the department, or any 78 rule adopted pursuant thereto, the department may issue and 79 deliver to such person a notice to cease and desist from such 80 violation. 81 2. When the department has probable cause to believe that 82 any licensed health care practitioner has engaged in the 83 unlicensed practice of a health care profession by violating s. 84 456.65, the department may issue and deliver to such health care 85 practitioner a notice to cease and desist from such violation 86 and may pursue other remedies authorized under this section 87 which apply to the unlicensed practice of a health care 88 profession. 89 3. In addition to the remedies under subparagraphs 1. and 90 2., the department may issue and deliver a notice to cease and 91 desist to any person who aids and abets the unlicensed practice 92 of a profession by employing thesuch unlicensedperson engaging 93 in the unlicensed practice. 94 4. The issuance of a notice to cease and desist shall not 95 constitute agency action for which a hearing under ss. 120.569 96 and 120.57 may be sought. For the purpose of enforcing a cease 97 and desist order, the department may file a proceeding in the 98 name of the state seeking issuance of an injunction or a writ of 99 mandamus against any person who violates any provisions of such 100 order. 101 Section 3. Section 456.65, Florida Statutes, is created to 102 read: 103 456.65 Specialties.— 104 (1)(a) A health care practitioner not licensed as a 105 physician under chapter 458 may not hold himself or herself out 106 to a patient or the public at large as a specialist by 107 describing himself or herself or his or her practice through the 108 use of any specialist title or designation specifically listed 109 under s. 458.3312(2), either alone or in combination, or in 110 connection with other words, unless the practitioner is 111 authorized to use such specialist title or designation under 112 subsection (3). 113 (b) A health care practitioner not licensed as a physician 114 under chapter 459 may not hold himself or herself out to a 115 patient or the public at large as a specialist by describing 116 himself or herself or his or her practice through the use of any 117 specialist title or designation specifically listed under s. 118 459.0152(2), either alone or in combination, or in connection 119 with other words, unless the practitioner is authorized to use 120 such specialist title or designation under subsection (3). 121 (2) A violation of subsection (1) constitutes the 122 unlicensed practice of medicine or osteopathic medicine, as 123 applicable, and the department may pursue remedies under s. 124 456.065 for such violation. 125 (3) Notwithstanding subsection (1): 126 (a) A licensed health care practitioner may use the name or 127 title of his or her profession which is authorized under his or 128 her practice act, and any corresponding designations or initials 129 so authorized, to describe himself or herself and his or her 130 practice. 131 (b) A licensed health care practitioner who has a specialty 132 area of practice authorized under his or her practice act may 133 use the following format to identify himself or herself or 134 describe his or her practice: “...(name or title of the 135 practitioner’s profession)..., specializing in ...(name of the 136 practitioner’s specialty)....” 137 (c) A chiropractic physician licensed under chapter 460 may 138 use the title “chiropractic radiologist” and other titles, 139 abbreviations, or designations authorized under his or her 140 practice act reflecting those chiropractic specialty areas in 141 which the chiropractic physician has attained diplomate status 142 as recognized by the American Chiropractic Association, the 143 International Chiropractors Association, the International 144 Academy of Clinical Neurology, or the International Chiropractic 145 Pediatric Association. 146 (d) A podiatric physician licensed under chapter 461 may 147 use the following titles and abbreviations as applicable to his 148 or her license, specialty, and certification: “podiatric 149 surgeon,” “Fellow in the American College of Foot and Ankle 150 Surgeons,” and any other titles or abbreviations authorized 151 under his or her practice act. 152 (e) A dentist licensed under chapter 466 may use the 153 following titles and abbreviations as applicable to his or her 154 license, specialty, and certification: “doctor of dental 155 surgery,” “D.D.S.,” “oral surgeon,” “maxillofacial surgeon,” 156 “oral and maxillofacial surgeon,” “O.M.S.,” “dental 157 anesthesiologist,” “oral pathologist,” “oral radiologist,” and 158 any other titles or abbreviations authorized under his or her 159 practice act. 160 (f) An anesthesiologist assistant licensed under chapter 161 458 or chapter 459 may use the titles “anesthesiologist 162 assistant” or “certified anesthesiologist assistant” and the 163 abbreviations “A.A.” or “C.A.A.,” as applicable. 164 (g) A physician licensed under chapter 458 or chapter 459 165 may use a specialist title or designation according to s. 166 458.3312 or s. 459.0152, as applicable. 167 (4)(a) A health care practitioner not licensed and 168 certified to practice as a certified registered nurse 169 anesthetist under chapter 464 may not use the term “certified 170 registered nurse anesthetist” or the abbreviations “C.R.N.A.,” 171 “nurse anesthetist,” or “anesthetist,” either alone or in 172 combination with titles or abbreviations authorized under 173 paragraph (3)(f), to describe himself or herself or his or her 174 practice to a patient or the public at large. 175 (b) A violation of paragraph (a) constitutes the unlicensed 176 practice of nursing, and the department may pursue remedies 177 under s. 456.065 for such violation. 178 (5) This section may not be construed to prohibit or 179 interfere with the ability of a health care practitioner, group 180 practice as defined in s. 456.053, or health care provider as 181 defined in s. 381.4015 to lawfully bill the Medicare program or 182 other federal health care program using definitions or 183 terminology provided under applicable federal law or regulations 184 for services rendered to a patient enrolled in such program. 185 Section 4. Section 458.3312, Florida Statutes, is amended 186 to read: 187 458.3312 Specialties.— 188 (1) A physician licensed under this chapter may not hold 189 himself or herself out as a board-certified specialist unless 190 the physician has received formal recognition as a specialist 191 from a specialty board of the American Board of Medical 192 Specialties or other recognizing agency that has been approved 193 by the board. However, a physician may indicate the services 194 offered and may state that his or her practice is limited to one 195 or more types of services when this accurately reflects the 196 scope of practice of the physician. 197 (2) Specialist titles and designations to which subsection 198 (1) applies include: 199 (a) Surgeon. 200 (b) Neurosurgeon. 201 (c) General surgeon. 202 (d) Plastic surgeon. 203 (e) Thoracic surgeon. 204 (f) Allergist. 205 (g) Anesthesiologist. 206 (h) Cardiologist. 207 (i) Dermatologist. 208 (j) Endocrinologist. 209 (k) Gastroenterologist. 210 (l) Geriatrician. 211 (m) Gynecologist. 212 (n) Hematologist. 213 (o) Hospitalist. 214 (p) Immunologist. 215 (q) Intensivist. 216 (r) Internist. 217 (s) Laryngologist. 218 (t) Nephrologist. 219 (u) Neurologist. 220 (v) Neurotologist. 221 (w) Obstetrician. 222 (x) Oncologist. 223 (y) Ophthalmologist. 224 (z) Orthopedic surgeon. 225 (aa) Orthopedist. 226 (bb) Otologist. 227 (cc) Otolaryngologist. 228 (dd) Otorhinolaryngologist. 229 (ee) Pathologist. 230 (ff) Pediatrician. 231 (gg) Proctologist. 232 (hh) Psychiatrist. 233 (ii) Pulmonologist. 234 (jj) Radiologist. 235 (kk) Rheumatologist. 236 (ll) Rhinologist. 237 (mm) Urologist. 238 (3) The board may adopt by rule additional specialist 239 titles and designations to which subsection (1) applies. 240 Section 5. Section 459.0152, Florida Statutes, is amended 241 to read: 242 459.0152 Specialties.— 243 (1) An osteopathic physician licensed under this chapter 244 may not hold himself or herself out as a board-certified 245 specialist unless the osteopathic physician has successfully 246 completed the requirements for certification by the American 247 Osteopathic Association or the Accreditation Council on Graduate 248 Medical Education and is certified as a specialist by a 249 certifying agency approved by the board. However, an osteopathic 250 physician may indicate the services offered and may state that 251 his or her practice is limited to one or more types of services 252 when this accurately reflects the scope of practice of the 253 osteopathic physician. 254 (2) Specialist titles and designations to which subsection 255 (1) applies include: 256 (a) Surgeon. 257 (b) Neurosurgeon. 258 (c) General surgeon. 259 (d) Plastic surgeon. 260 (e) Thoracic surgeon. 261 (f) Allergist. 262 (g) Anesthesiologist. 263 (h) Cardiologist. 264 (i) Dermatologist. 265 (j) Endocrinologist. 266 (k) Gastroenterologist. 267 (l) Geriatrician. 268 (m) Gynecologist. 269 (n) Hematologist. 270 (o) Hospitalist. 271 (p) Immunologist. 272 (q) Intensivist. 273 (r) Internist. 274 (s) Laryngologist. 275 (t) Nephrologist. 276 (u) Neurologist. 277 (v) Neurotologist. 278 (w) Obstetrician. 279 (x) Oncologist. 280 (y) Ophthalmologist. 281 (z) Orthopedic surgeon. 282 (aa) Orthopedist. 283 (bb) Otologist. 284 (cc) Otolaryngologist. 285 (dd) Otorhinolaryngologist. 286 (ee) Pathologist. 287 (ff) Pediatrician. 288 (gg) Proctologist. 289 (hh) Psychiatrist. 290 (ii) Pulmonologist. 291 (jj) Radiologist. 292 (kk) Rheumatologist. 293 (ll) Rhinologist. 294 (mm) Urologist. 295 (3) The board may adopt by rule additional specialist 296 titles and designations to which subsection (1) applies. 297 Section 6. This act shall take effect July 1, 2025.