Florida Statute 893.05 | Lawyer Caselaw & Research

The 2024 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 by a licensed nurse or an intern practitioner under his or her direction and supervision only.

(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.

F.S. 893.05 on Google Scholar

F.S. 893.05 on Casetext

Amendments to 893.05

Arrestable Offenses / Crimes under Fla. Stat. 893.05

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 893.05.

Annotations, Discussions, Cases:

Cases Citing Statute 893.05

Total Results: 17

Paylan v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2024-12-11

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

STATE OF FLORIDA v. MARCIA LYNNE SILLS

Court: District Court of Appeal of Florida | Date Filed: 2019-09-18

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

Rodenberg v. State

Court: District Court of Appeal of Florida | Date Filed: 2016-08-03

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

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

Marolf & Marolf v. Miami-Dade County

Court: District Court of Appeal of Florida | Date Filed: 2015-02-11

Citation: 172 So. 3d 450, 2015 Fla. App. LEXIS 1800, 2015 WL 543365

Snippet: intended to be used” in violation of chapter 893. 5 In other words, the defini *454

State v. Sanchez

Court: District Court of Appeal of Florida | Date Filed: 2014-01-08

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

Snippet: substances, contrary to sections 893.135(l)(c) and 893.05. Appellee filed a motion to dismiss arguing that

State v. Gonzalez

Court: District Court of Appeal of Florida | Date Filed: 2013-08-28

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

Snippet: substances, contrary to sections 893.135(l)(c) and 893.05, Florida Statutes (2009). Section 893.135(l)(c)

Van Ore v. Board of Medical Examiners

Court: District Court of Appeal of Florida | Date Filed: 1986-06-12

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

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

Sevin v. State

Court: District Court of Appeal of Florida | Date Filed: 1985-11-22

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

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

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

Court: District Court of Appeal of Florida | Date Filed: 1985-08-06

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

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

Forlaw v. Fitzer

Court: Supreme Court of Florida | Date Filed: 1984-08-30

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

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

State v. McKee

Court: District Court of Appeal of Florida | Date Filed: 1980-08-13

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

Snippet: his professional practice as allowed by section 893.05(1), Florida Statutes (1979). Had the state not

Cilento v. State

Court: Supreme Court of Florida | Date Filed: 1979-11-21

Citation: 377 So. 2d 663

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

Purifoy v. State

Court: Supreme Court of Florida | Date Filed: 1978-05-18

Citation: 359 So. 2d 446

Snippet: controlled substances under certain conditions. Sections 893.05 and 893.06 exempt physicians, certain other types

King v. State

Court: District Court of Appeal of Florida | Date Filed: 1976-08-27

Citation: 336 So. 2d 1200

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

State v. Weeks

Court: Supreme Court of Florida | Date Filed: 1976-07-08

Citation: 335 So. 2d 274

Snippet: first of which is as follows: "Whether Section 893.05(1), Florida Statutes, which provides that: `A practitioner

State v. Vinson

Court: District Court of Appeal of Florida | Date Filed: 1975-10-08

Citation: 320 So. 2d 50

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

State v. Vinson

Court: District Court of Appeal of Florida | Date Filed: 1974-07-19

Citation: 298 So. 2d 505

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