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The Florida Statutes

The 2003 Florida Statutes

Title XLVI
CRIMES
Chapter 893
DRUG ABUSE PREVENTION AND CONTROL
View Entire Chapter
Section 893.04, Florida Statutes 2003

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 or oral prescription of a practitioner, under the following conditions:

(a)  Oral prescriptions must be promptly reduced to writing by the pharmacist.

(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 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. No prescription for a controlled substance listed in Schedule II may be refilled.

(g)  No prescription for a controlled substance listed in Schedules III, IV, or V may 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)  Notwithstanding the provisions of 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, in compliance with the provisions of s. 465.0275.

(3)  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.

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