Florida Statute 893.04 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVI
CRIMES

Chapter 893
DRUG ABUSE PREVENTION AND CONTROL

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F.S. 893.04

893.04 Pharmacist and practitioner.—

(1) A pharmacist, in good faith and in the course of professional practice only, may dispense controlled substances upon a written, oral, or electronic prescription of a practitioner, under the following conditions:

(a) Oral prescriptions must be promptly reduced to writing by the pharmacist or recorded electronically if permitted by federal law.

(b) The written prescription must be dated and signed by the prescribing practitioner on the day when issued.

(c) There shall appear on the face of the prescription or written record thereof for the controlled substance the following information:

1. The full name and address of the person for whom, or the owner of the animal for which, the controlled substance is dispensed.

2. The full name and address of the prescribing practitioner and the practitioner’s federal controlled substance registry number shall be printed thereon.

3. If the prescription is for an animal, the species of animal for which the controlled substance is prescribed.

4. The name of the controlled substance prescribed and the strength, quantity, and directions for use thereof.

5. The number of the prescription, as recorded in the prescription files of the pharmacy in which it is filled.

6. The initials of the pharmacist filling the prescription and the date filled.

(d) The prescription shall be retained on file by the proprietor of the pharmacy in which it is filled for a period of 2 years.

(e) Affixed to the original container in which a controlled substance is delivered upon a prescription or authorized refill thereof, as hereinafter provided, there shall be a label bearing the following information:

1. The name and address of the pharmacy from which such controlled substance was dispensed.

2. The date on which the prescription for such controlled substance was filled.

3. The number of such prescription, as recorded in the prescription files of the pharmacy in which it is filled.

4. The name of the prescribing practitioner.

5. The name of the patient for whom, or of the owner and species of the animal for which, the controlled substance is prescribed.

6. The directions for the use of the controlled substance prescribed in the prescription.

7. A clear, concise warning that it is a crime to transfer the controlled substance to any person other than the patient for whom prescribed.

(f) A prescription for a controlled substance listed in Schedule II may be dispensed only upon a written or electronic prescription of a practitioner, except that in an emergency situation, as defined by regulation of the Department of Health, such controlled substance may be dispensed upon oral prescription but is limited to a 72-hour supply. A prescription for a controlled substance listed in Schedule II may not be refilled.

(g) A prescription for a controlled substance listed in Schedule III, Schedule IV, or Schedule V may not be filled or refilled more than five times within a period of 6 months after the date on which the prescription was written unless the prescription is renewed by a practitioner.

(2)(a) A pharmacist may not dispense a controlled substance listed in Schedule II, Schedule III, or Schedule IV to any patient or patient’s agent without first determining, in the exercise of her or his professional judgment, that the prescription is valid. The pharmacist may dispense the controlled substance, in the exercise of her or his professional judgment, when the pharmacist or pharmacist’s agent has obtained satisfactory patient information from the patient or the patient’s agent.

(b) Any pharmacist who dispenses by mail a controlled substance listed in Schedule II, Schedule III, or Schedule IV is exempt from the requirement to obtain suitable identification for the prescription dispensed by mail if the pharmacist has obtained the patient’s identification through the patient’s prescription benefit plan.

(c) Any controlled substance listed in Schedule III or Schedule IV may be dispensed by a pharmacist upon an oral prescription if, before filling the prescription, the pharmacist reduces it to writing or records the prescription electronically if permitted by federal law. Such prescriptions must contain the date of the oral authorization.

(d) Each prescription written by a practitioner in this state for a controlled substance listed in Schedule II, Schedule III, or Schedule IV must include a written and a numerical notation of the quantity of the controlled substance prescribed and a notation of the date in numerical, month/day/year format, or with the abbreviated month written out, or the month written out in whole. A pharmacist may, upon verification by the prescriber, document any information required by this paragraph. If the prescriber is not available to verify a prescription, the pharmacist may dispense the controlled substance, but may insist that the person to whom the controlled substance is dispensed provide valid photographic identification. If a prescription includes a numerical notation of the quantity of the controlled substance or date, but does not include the quantity or date written out in textual format, the pharmacist may dispense the controlled substance without verification by the prescriber of the quantity or date if the pharmacy previously dispensed another prescription for the person to whom the prescription was written.

(e) A pharmacist may not dispense more than a 30-day supply of a controlled substance listed in Schedule III upon an oral prescription issued in this state.

(f) A pharmacist may not knowingly dispense a prescription that has been forged for a controlled substance listed in Schedule II, Schedule III, or Schedule IV.

(3) Notwithstanding subsection (1), a pharmacist may dispense a one-time emergency refill of up to a 72-hour supply of the prescribed medication for any medicinal drug other than a medicinal drug listed in Schedule II, or emergency refill of insulin and insulin-related supplies or equipment to treat diabetes mellitus, not to exceed 3 nonconsecutive times per calendar year, in compliance with s. 465.0275.

(4) The legal owner of any stock of controlled substances in a pharmacy, upon discontinuance of dealing in controlled substances, may sell said stock to a manufacturer, wholesaler, or pharmacy. Such controlled substances may be sold only upon an order form, when such an order form is required for sale by the drug abuse laws of the United States or this state, or regulations pursuant thereto.

History.—s. 4, ch. 73-331; s. 2, ch. 75-18; s. 12, ch. 79-12; s. 2, ch. 90-2; s. 1436, ch. 97-102; s. 301, ch. 99-8; s. 2, ch. 2007-156; s. 5, ch. 2009-202; s. 5, ch. 2014-113; s. 6, ch. 2016-145; s. 35, ch. 2016-230; s. 9, ch. 2018-13; s. 2, ch. 2024-79.

F.S. 893.04 on Google Scholar

F.S. 893.04 on Casetext

Amendments to 893.04

Arrestable Offenses / Crimes under Fla. Stat. 893.04

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 893.04.

Annotations, Discussions, Cases:

Cases Citing Statute 893.04

Total Results: 14

DISCOUNT TIRE CO. vs TAMMY BRADFORD, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF MICHAEL BLAZE BRADFORD, DECEASED; AND AS PERSONAL REPRESENTATIVE OF THE ESTATE OF WARREN MICHAEL BRADFORD, DECEASED

Court: Fla. Dist. Ct. App. | Date Filed: 2023-11-03T00:00:00-07:00

Snippet: seconds from when the detergent fell. Id. at 893. Four seconds later, plaintiff came on scene, from Nation

In Re: Standard Jury Instructions in Criminal Cases-Report 2018-12.

Court: Fla. | Date Filed: 2019-05-30T00:00:00-07:00

Citation: 272 So. 3d 243

Snippet: state to do so, and meets the requirements of § 893.04, Fla. Stat. (If there is a dispute about

Ramirez v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2013-01-16T00:00:00-08:00

Citation: 125 So. 3d 171, 2013 WL 163461, 2013 Fla. App. LEXIS 569

Snippet: extension derives from sections 465.003(6)2 and 893.04(2)(a),3 *176Florida Statutes (2009), which allow…her or his agent. ”)(emphasis added)). . See § 893.04(2)(a), Fla. Stat. (2009) ("The pharmacist

McCoy v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2010-12-21T00:00:00-08:00

Citation: 56 So. 3d 37, 2010 Fla. App. LEXIS 19939, 2010 WL 5540946

Snippet: information from the patient or the patient’s agent.” § 893.04(2)(a), Fla. Stat. (2008). Thus, schedule III controlled

O'HARA v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2007-09-19T00:53:00-07:00

Citation: 964 So. 2d 839

Snippet: dispensed only on a prescription." Section 893.04(1) states that a pharmacist may dispense a "…refills of prescription drugs like Vicodin. Compare § 893.04(1)(f) (prohibiting physicians from including refills… for a Schedule II controlled substance) with § 893.04(1)(g) (stating that a prescription for a Schedule…refill the prescription every day. Under section 893.04(1)(g), which permits prescriptions for controlled

City of St. Petersburg v. Austrino

Court: Fla. Dist. Ct. App. | Date Filed: 2005-02-08T23:53:00-08:00

Citation: 898 So. 2d 955

Snippet: reduced to writing by the pharmacist. § 893.04(1)(a). Section 893.04 contains numerous requirements for prescriptions

Prysi v. Department of Health

Court: Fla. Dist. Ct. App. | Date Filed: 2002-08-12T00:53:00-07:00

Citation: 823 So. 2d 823

Snippet: written prescription in the context of section 893.04(1)(b), Florida Statutes; and Appellant was not

Thompson v. DEPT. OF PROFESSIONAL

Court: Fla. Dist. Ct. App. | Date Filed: 1986-04-21T23:53:00-08:00

Citation: 488 So. 2d 103

Snippet: IV (a Schedule III controlled substance, Section 893.04, Florida Statutes). It further alleged that the

Cohn v. Dept. of Professional Regulation

Court: Fla. Dist. Ct. App. | Date Filed: 1985-10-22T00:53:00-07:00

Citation: 477 So. 2d 1039

Snippet: 465.016(1)(e), 465.016(1)(i), and 893.04(1), Florida Statutes. Section 893.04(1), Florida Statutes, provides…this conduct violated sections 465.016(1)(i) and 893.04(1), Florida Statutes (1981): 465.016 Disciplinary…course of professional practice of pharmacy. [e.s.]. 893.04 Pharmacist and practitioner. (1) A pharmacist…particularized regulatory provisions of section 893.04,[4] the DPR presented *1042 the testimony of an… conditions in that regard contained in section 893.04. The officer specifically declined, on the ground

Federgo Discount v. Dept. of Prof. Reg.

Court: Fla. Dist. Ct. App. | Date Filed: 1984-07-10T00:53:00-07:00

Citation: 452 So. 2d 1063

Snippet: (1)(c) and, in turn, Sections 465.016(1)(i) and 893.04, and sought to revoke their permit. The administrative…practice of pharmacy. "Pursuant to Section 893.04(1), Florida Statutes, a pharmacist must act in

Delap v. State

Court: Fla. | Date Filed: 1983-09-15T00:53:00-07:00

Citation: 440 So. 2d 1242

Snippet: of the illegal search... ." 203 F. Supp. at 893-4. It is necessary for the defendant to establish

Purifoy v. State

Court: Fla. | Date Filed: 1978-05-18T00:53:00-07:00

Citation: 359 So. 2d 446

Snippet: so-called "controlled substances".[8] Section 893.04 exempts pharmacists who dispense controlled substances

Richardson v. Florida State Board of Dentistry

Court: Fla. Dist. Ct. App. | Date Filed: 1976-02-04T23:53:00-08:00

Citation: 326 So. 2d 231

Snippet: the controlled substance is dispensed." § 893.04(1)(c)1, F.S. 1973. Dr. Richardson obliged by writing

Tamiami Gun Shop v. Klein

Court: Fla. | Date Filed: 1959-12-15T23:53:00-08:00

Citation: 116 So. 2d 421

Snippet: Corporation v. Adams, 1938, 132 Fla. 419, 181 So. 403, 893. [4] Pizzo v. Wiemann, 1912, 149 Wis. 235, 134 N.W