Florida Statutes

Fla. Stat. § 893.05 (2025)

Practitioners and persons administering controlled substances in their absence.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

Find cases: SyfertCases citing this section FL-LEGleg.state.fl.us JustiaFla. Statutes CornellLII Search CasesGoogle Scholar

893.05 Practitioners and persons administering controlled substances in their absence.—

(1)(a) A practitioner, in good faith and in the course of his or her professional practice only, may prescribe, administer, dispense, mix, or otherwise prepare a controlled substance, or the practitioner may cause the controlled substance to be administered, under his or her direction and supervision only, by a certified paramedic in the course of providing emergency services, a licensed nurse, or an intern practitioner.

(b) Pursuant to s. 458.347(4)(g), s. 459.022(4)(f), or s. 464.012(3), as applicable, a practitioner who supervises a licensed physician assistant or advanced practice registered nurse may authorize the licensed physician assistant or advanced practice registered nurse to order controlled substances for administration to a patient in a facility licensed under chapter 395 or part II of chapter 400.

(c) A veterinarian may prescribe, administer, dispense, mix, or prepare a controlled substance for use on animals only, and may cause the controlled substance to be administered by an assistant or orderly under the veterinarian’s direction and supervision only.

(d) A certified optometrist licensed under chapter 463 may not administer or prescribe a controlled substance listed in Schedule I or Schedule II of s. 893.03.

(2) When any controlled substance is dispensed by a practitioner, there shall be affixed to the original container in which the controlled substance is delivered a label on which appears:

(a) The date of delivery.

(b) The directions for use of such controlled substance.

(d) The name of the patient and, if such controlled substance is prescribed for an animal, a statement describing the species of the animal.

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

(3) Any person who obtains from a practitioner or the practitioner’s agent, or pursuant to prescription, any controlled substance for administration to a patient during the absence of such practitioner shall return to such practitioner any unused portion of such controlled substance when it is no longer required by the patient.

History.—s. 5, ch. 73-331; s. 1437, ch. 97-102; s. 13, ch. 2013-26; s. 11, ch. 2015-34; s. 30, ch. 2016-105; s. 7, ch. 2016-145; s. 84, ch. 2018-106; s. 1, ch. 2025-93.

Notes of Decisions

Cited in 19 cases (1 in the last 5 years), 1974–2024 · leading case: State v. Weeks, 335 So. 2d 274 (Fla. 1976).

Sort: Relevance Newest Treatment

State v. Weeks, 335 So. 2d 274 (Fla. 1976). · cites it 5× “, the judge certified this cause to this Court for instruction on two questions, the first of which is as follows: "Whether Section 893.05(1), Florida Statutes, which provides that: `A practitioner, in good faith and in the course of his professional practice only, may…”

Nguyen v. United States, 556 F.3d 1244 (11th Cir. 2008). “” Fla. Stat. § 893.05 (1). The crime alleged in a six-count arrest warrant was that Dr.”

Cilento v. State, 377 So. 2d 663 (Fla. 1979). · cites it 2× “Section 893.05(1) provides that: "A practitioner, in good faith and in the course of his professional practice only, may prescribe, administer, dispense, mix, or otherwise prepare a controlled substance .”

King v. State, 336 So. 2d 1200 (Fla. 2d DCA 1976). · cites it 3× “[ Fla. Stat. § 893.05 (1)]. * * * * * * Except as authorized by this chapter and chapter 500, it is unlawful for any person to sell, manufacture, or deliver, or possess with intent to sell, manufacture, or deliver, a controlled substance.”

State v. Gonzalez, 121 So. 3d 625 (Fla. 4th DCA 2013). · cites it 3× “§ 893.05(1), Fla. Stat. (2009). The defendant moved to dismiss the twenty counts alleging violations of sections 893.”

Rodenberg v. State, 198 So. 3d 930 (Fla. 4th DCA 2016). · cites it 5× “■Appellant argues that “good faith and in the course of professional practice” became elements when the state alleged them in the information. Even accepting appellant’s argument, no fundamental error occurred.”

Van Ore v. Bd. of Med. Examiners, 489 So. 2d 883 (Fla. 5th DCA 1986). · cites it 2× “331(1)(g), (h), (q) and (t), Florida Statutes (1985) and section 893.05(1), Florida Statutes (1985).”

Nguyen v. United States, 556 F.3d 1244 (11th Cir. 2009). “" Fla. Stat. § 893.05 (1). The crime alleged in a six-count arrest warrant was that Dr.”

Forlaw v. Fitzer, 456 So. 2d 432 (Fla. 1984). “A physician who prescribes a controlled drug in bad faith or outside the course of professional practice acts in violation of the statute, as he falls outside the exception of section 893.05 allowing good faith prescription of such drugs in the course of professional practice.”

State v. Sanchez, 133 So. 3d 1038 (Fla. 4th DCA 2014). · cites it 2× “Section 893.05(1) states: A practitioner, in good faith and in the course of his or her professional practice only, may prescribe, administer, dispense, mix, or otherwise prepare a controlled substance, or the practitioner may cause the same to be administered by a licensed…”

Nguyen v. United States, 545 F.3d 1282 (11th Cir. 2008). “” Fla. Stat. § 893.05 (1). The crime alleged in a six-count arrest warrant was that Dr.”

State v. Vinson, 298 So. 2d 505 (Fla. 2d DCA 1974). “02, and Section 893.05(1) provides that: "A practitioner, in good faith and in the course of his professional practice *507 only, may prescribe, administer, dispense, mix or otherwise prepare a controlled substance, .”

Show all 19 citing cases →

— 893.05(1) — 10 cases

State v. Weeks, 335 So. 2d 274 (Fla. 1976). “, the judge certified this cause to this Court for instruction on two questions, the first of which is as follows: "Whether Section 893.05(1), Florida Statutes, which provides that: `A practitioner, in good faith and in the course of his professional practice only, may…”

Cilento v. State, 377 So. 2d 663 (Fla. 1979). “Section 893.05(1) provides that: "A practitioner, in good faith and in the course of his professional practice only, may prescribe, administer, dispense, mix, or otherwise prepare a controlled substance .”

State v. Gonzalez, 121 So. 3d 625 (Fla. 4th DCA 2013). “§ 893.05(1), Fla. Stat. (2009). The defendant moved to dismiss the twenty counts alleging violations of sections 893.”

Van Ore v. Bd. of Med. Examiners, 489 So. 2d 883 (Fla. 5th DCA 1986). “331(1)(g), (h), (q) and (t), Florida Statutes (1985) and section 893.05(1), Florida Statutes (1985).”

State v. Sanchez, 133 So. 3d 1038 (Fla. 4th DCA 2014). “Section 893.05(1) states: A practitioner, in good faith and in the course of his or her professional practice only, may prescribe, administer, dispense, mix, or otherwise prepare a controlled substance, or the practitioner may cause the same to be administered by a licensed…”

— 893.05(1)(a) — 1 case

State of Florida v. Marcia Lynne Sills (Fla. 4th DCA 2019).

— 893.05(2) — 1 case

Dep't of Prof'l Reg. v. Koo, 28 Fla. Supp. 2d 216 (Fla. Div. Admin. Hr'g 1987).

— 893.05(3) — 1 case

Sevin v. State, 478 So. 2d 521 (Fla. 2d DCA 1985).

— 893.05(l)(a) — 1 case

Rodenberg v. State, 198 So. 3d 930 (Fla. 4th DCA 2016). “■Appellant argues that “good faith and in the course of professional practice” became elements when the state alleged them in the information. Even accepting appellant’s argument, no fundamental error occurred.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.