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 finds believes that such
46 professions must shall be 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 must shall be 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 the such unlicensed person 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.