Florida Statute 893.5 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLVI
CRIMES

Chapter 893
DRUG ABUSE PREVENTION AND CONTROL

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F.S. 893.05

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.

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Amendments to 893.05

Annotations, Discussions, Cases:

Cases Citing Statute 893.05

Total Results: 18

Nguyen v. United States

556 F.3d 1244, 2009 WL 250448

Court of Appeals for the Eleventh Circuit | Filed: Feb 4, 2009 | Docket: 1454651

Cited 91 times | Published

or her professional practice only." Fla. Stat. § 893.05(1). The crime alleged in a six-count arrest warrant

Cilento v. State

377 So. 2d 663

Supreme Court of Florida | Filed: Nov 21, 1979 | Docket: 1521726

Cited 20 times | Published

first degree by section 893.13(2)(a), (b). Section 893.05(1) provides that: "A practitioner, in good

Nguyen v. United States

556 F.3d 1244, 2009 WL 250448

Court of Appeals for the Eleventh Circuit | Filed: Oct 21, 2008 | Docket: 1538927

Cited 17 times | Published

or her professional practice only." Fla. Stat. § 893.05(1). The crime alleged in a six-count arrest warrant

State v. Vinson

320 So. 2d 50

District Court of Appeal of Florida | Filed: Oct 8, 1975 | Docket: 1409010

Cited 10 times | Published

purview of § 893.02, F.S. 1973, and, pursuant to § 893.05(1), F.S. 1973, is authorized to prescribe, administer

State v. Vinson

298 So. 2d 505

District Court of Appeal of Florida | Filed: Jul 19, 1974 | Docket: 1438957

Cited 10 times | Published

as a practitioner under Section 893.02, and Section 893.05(1) provides that: "A practitioner, in good

King v. State

336 So. 2d 1200

District Court of Appeal of Florida | Filed: Aug 27, 1976 | Docket: 1378619

Cited 9 times | Published

prepare a controlled substance... . [Fla. Stat. § 893.05(1)]. * * * * * * Except as authorized by this

Forlaw v. Fitzer

456 So. 2d 432, 42 A.L.R. 4th 579

Supreme Court of Florida | Filed: Aug 30, 1984 | Docket: 1446550

Cited 8 times | Published

statute, as he falls outside the exception of section 893.05 allowing good faith prescription of such drugs

State v. Weeks

335 So. 2d 274

Supreme Court of Florida | Filed: Jul 8, 1976 | Docket: 1711331

Cited 8 times | Published

the first of which is as follows: "Whether Section 893.05(1), Florida Statutes, which provides that:

Van Ore v. Board of Medical Examiners

489 So. 2d 883, 11 Fla. L. Weekly 1321, 1986 Fla. App. LEXIS 8249

District Court of Appeal of Florida | Filed: Jun 12, 1986 | Docket: 545981

Cited 6 times | Published

(h), (q) and (t), Florida Statutes (1985) and section 893.05(1), Florida Statutes (1985). The officer concluded

State v. Sanchez

133 So. 3d 1038, 2014 WL 51696, 2014 Fla. App. LEXIS 155

District Court of Appeal of Florida | Filed: Jan 8, 2014 | Docket: 60238648

Cited 2 times | Published

calendar years and pay a fine of $500,000. Section 893.05(1) states: A practitioner, in good faith and

Rodenberg v. State

198 So. 3d 930, 2016 Fla. App. LEXIS 11726, 2016 WL 4132072

District Court of Appeal of Florida | Filed: Aug 3, 2016 | Docket: 60256510

Cited 1 times | Published

disjunctive “or.” In support, appellant, relies on section 893.05(l)(a), Florida Statutes, which provides that

State v. Gonzalez

121 So. 3d 625, 2013 WL 4525576, 2013 Fla. App. LEXIS 13676

District Court of Appeal of Florida | Filed: Aug 28, 2013 | Docket: 60234467

Cited 1 times | Published

000. § 893.135(l)(c)l.c., Fla. Stat. (2009). Section 893.05(1), in pertinent part, provides: A practitioner

Paylan v. State of Florida

District Court of Appeal of Florida | Filed: Dec 11, 2024 | Docket: 69455110

Published

that the jury be instructed that pursuant to section 893.05, Florida Statutes (2013), "[a] practitioner

STATE OF FLORIDA v. MARCIA LYNNE SILLS

District Court of Appeal of Florida | Filed: Sep 18, 2019 | Docket: 16211760

Published

professional practice,” as that phrase is used in section 893.05(1), Florida Statutes (2012) (“A practitioner

Nguyen v. United States

545 F.3d 1282, 2008 U.S. App. LEXIS 21840, 2008 WL 4631719

Court of Appeals for the Eleventh Circuit | Filed: Oct 21, 2008 | Docket: 65658802

Published

or her professional practice only.” Fla. Stat. § 893.05(1). The crime alleged in a six-count arrest warrant

Sevin v. State

478 So. 2d 521, 10 Fla. L. Weekly 2581, 1985 Fla. App. LEXIS 16981

District Court of Appeal of Florida | Filed: Nov 22, 1985 | Docket: 64615551

Published

this case to determine the applicability of section 893.05(3), Flor- ’ ida Statutes (1983). That section

Apiau v. Florida Board of Medical Examiners, Department of Professional Regulation, Division of Professions

473 So. 2d 775, 10 Fla. L. Weekly 1873, 1985 Fla. App. LEXIS 17483

District Court of Appeal of Florida | Filed: Aug 6, 1985 | Docket: 64613507

Published

Statutes (1983) (Medical Practice Act) and section 893.05, Florida Statutes (1983) (Florida Comprehensive

State v. McKee

386 So. 2d 1296, 1980 Fla. App. LEXIS 16951

District Court of Appeal of Florida | Filed: Aug 13, 1980 | Docket: 64577769

Published

of his professional practice as allowed by section 893.05(1), Florida Statutes (1979). Had the state