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 persons 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.