HB 309 — Prohibited Acts by Health Care Practitioners

F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 309 2020 A bill to be entitled An act relating to prohibited acts by health care practitioners;

amendingcreating s.

456.072,456.0465, F.S.;

authorizingprohibiting disciplinarylicensed actionhealth tocare bepractitioners enforcedfrom byusing the Department of Health for the use of specified names or titles withoutunder acertain validcircumstances; license or certification to practice as such;

providingrequiring the Department of Health to issue a definition;cease and desist notice to a licensed health care practitioner for specified violations;

providing for service of the notice and penalties;

providing exceptions;

providing rulemaking authority;

ParagraphSection (pp)456.0465, is added to subsection (1) of section 456.072, Florida Statutes, is created to read:

456.072456.0465 GroundsHealth forcare discipline;practitioners;

penalties;prohibited actions.— (1)(a) A health care practitioner licensed by the department may not use the name or title "anesthesiologist," "cardiologist," "dentist," "dermatologist," "doctor of dental medicine," "D.M.D.," "doctor of dental surgery," "D.D.S.," "doctor of osteopathy," "emergency physician," "endocrinologist," "endodontist," "family physician," "gastroenterologist," "general practitioner," "gynecologist," "hematologist," "hospitalist," "internist," "interventional pain Page 1 of 5 CODING:

enforcement.— (1) The following acts shall constitute grounds for which the disciplinary actions specified in subsection (2) may be taken:

(pp)1.

Knowingly using the name or title "physician," "surgeon," "medical doctor," "doctor of osteopathy," "M.D.," "anesthesiologist," "cardiologist," "dermatologist," "endocrinologist," "gastroenterologist," "general practitioner," "gynecologist," "hematologist," "hospitalist," "internist," "interventional pain medicine physician," "laryngologist," "nephrologist," "neurologist," "obstetrician," "oncologist," "ophthalmologist," "orthopedic surgeon," "orthopedist," Page 1 of 2 CODING:

hb0309-00hb0309-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 309 2020 medicine physician," "laryngologist," "medical doctor," "M.D.," "nephrologist," "neurologist," "obstetrician," "oncologist," "ophthalmologist," "oral and maxillofacial surgeon," "orthodontist," "orthopedic surgeon," "orthopedist," "osteopath," "otologist," "otolaryngologist," "otorhinolaryngologist," "pathologist," "pediatrician," "physiatrist," "pedodontist," "periodontist," "podiatrist," "primary care physician," "proctologist," "prosthodontist," "psychiatrist," "radiologist," "rheumatologist," "rhinologist," "surgeon," or "urologist," or any other words, letters, abbreviations, or insignia indicating or implying that he or she is licensed or authorized by chapter 458, chapter 459, chapter 461, or chapter 461466 to practice as such.such, unless he or she is licensed or authorized under such chapters, or is registered with the appropriate board as an allopathic, osteopathic, or podiatric physician, or dentist pursuant to s.

If456.47(4), theto departmentpractice findsas anysuch. person guilty of the grounds set forth in this paragraph, it may enter an order imposing one or more of the penalties provided in subsection (2).

(b) If the department finds that a licensed health care practitioner has violated paragraph (a), the department shall issue a notice to the practitioner to cease and desist the use of such name, title, words, letters, abbreviations, or insignia.

The department shall send the cease and desist notice to the practitioner by certified mail and e-mail to the practitioner's physical address and e-mail address on record with the department and to any other mailing address or e-mail address Page 2 of 5 CODING:

Words stricken are deletions;

words underlined are additions.

hb0309-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 309 2020 through which the department believes the practitioner may be reached.

(c) If the practitioner does not cease and desist his or her actions in violation of paragraph (a) immediately upon receipt of the notice to cease and desist, the department shall enter an order imposing one or more of the following penalties until the practitioner complies with the notice to cease and desist:

1.

A citation and a daily fine.

ForA purposesreprimand ofor thisa paragraph,letter "anesthesiologist"of hasconcern. the same meaning as provided in s.

458.34753. or s.

459.023.Suspension of license.

(d) Notwithstanding paragraphs (a), (b), and (c):

1.

A doctor of chiropractic medicine licensed under chapter 460, or a chiropractic physician registered with the board of chiropractic medicine pursuant to s.

456.47(4), to practice as such, may use the name or title "doctor of chiropractic medicine" or "chiropractic physician." 2.

A licensed chiropractic physician who has achieved diplomate status or fellow status from the American Board of Chiropractic Specialties, the American Chiropractic Board of Sports Physicians, the American College of Chiropractic Orthopedists, the American Chiropractic Neurology Board, the International Chiropractors Association, or the International Chiropractic Pediatric Association, or in a specific specialty or subspecialty, may use, as appropriate for his or her Page 3 of 5 CODING:

Words stricken are deletions;

words underlined are additions.

hb0309-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 309 2020 diplomate status or fellow status, "chiropractic internist," "chiropractic neurologist," "chiropractic orthopedist," "chiropractic pediatrician," or "chiropractic radiologist," in addition to other names or titles associated with such diplomate status or fellow status.

3.

A licensed dentist who has achieved diplomate status or board certification from the American Board of Dental Public Health, the American Board of Endodontics, the American Board of Oral and Maxillofacial Pathology, the American Board of Oral and Maxillofacial Radiology, the American Board of Oral and Maxillofacial Surgery, the American Board of Orthodontics, the American Board of Pediatric Dentistry, the American Board of Periodontology, the American Board of Prosthodontics, the American Board of Oral Implantology/Implant Dentistry, the American Board of Oral Medicine, the American Board of Orofacial Pain, the American Dental Board of Anesthesiology, or the American Board of General Dentistry, in a specific specialty or subspecialty, may use, as appropriate for his or her diplomate status or board certification, the name or term "dental anesthesiologist," "dental oral and maxillofacial pathologist," "dental oral and maxillofacial radiologist," "dental orthodontic and dentofacial orthopedist," or "doctor of oral medicine," in addition to other names or titles associated with such diplomate status or board certification.

(2) The department may adopt rules to implement this Page 4 of 5 CODING:

Words stricken are deletions;

words underlined are additions.