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F.S. 893.04 on Google Scholar

F.S. 893.04 on Casetext

Amendments to 893.04


The 2021 Florida Statutes

Title XLVI
CRIMES
Chapter 893
DRUG ABUSE PREVENTION AND CONTROL
View Entire Chapter
F.S. 893.04 Florida Statutes and Case Law
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 up to one vial of insulin to treat diabetes mellitus, 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.

Statutes updated from Official Statutes on: January 26, 2022
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.


Civil Citations / Citable Offenses under S893.04
R or S next to points is Mandatory Revocation or Suspension

Current data shows no reason a civil citation or a suspension or revocation of license should have been issued under Florida Statute 893.04.


Annotations, Discussions, Cases:

  1. Effective July 1, 1980, secs. 893.14 and 893.205, Stats., were revised and renumbered secs. 893.04 and 893.54, respectively. Chapter 323, Laws of 1979.
    PAGE 554
  2. State v. Hamilton

    2003 WI 50 (Wis. 2003)   Cited 23 times   1 Legal Analyses
    ¶ 28. This clear directive is significant because of the language in another statute created in 1980, § 893.04, which reads: "Unless otherwise specifically prescribed by law, a period of limitation within which an action may be commenced is computed from the time that the cause of action accrues until the action is commenced." Wis. Stat. § 893.04 (emphasis added). The language in this section is substantially the same as the language in former § 893.14 (1977), except that the new statute adds the clause "[u]nless otherwise specifically prescribed by law." In our view, current § 893.40 specifically prescribes an alternative to the time "the cause of action accrues," namely, the date "the judgment . . . is entered," and that specific statutory alternative makes § 893.04 inapplicable.
    PAGE 474
  3. Fritz v. McGrath

    431 N.W.2d 751 (Wis. Ct. App. 1988)   Cited 68 times
    The trial court's ruling was based on its interpretation of Wisconsin cases defining when a cause of action for personal injuries "accrues" within the meaning of sec. 893.04, Stats. We, of course, are not bound by the trial court's legal conclusions. We examine the issues de novo. Muggli Dental Studio v. Taylor, 142 Wis.2d 696, 699, 419 N.W.2d 322, 323 (Ct. App. 1987). We are satisfied, however, that the trial court correctly decided the case.
    PAGE 686
  4. O'Hara v. State

    964 So. 2d 839 (Fla. Dist. Ct. App. 2007)   Cited 23 times
    Our stance in this matter is buttressed by our knowledge that in another context, also involving hydrocodone, the Legislature allowed its determination to prevent the misuse of narcotics to be tempered by its concern for the plight of Florida patients who must take these drugs to control their pain. In 2000, the Legislature removed hydrocodone from Schedule III, leaving it only as a Schedule II drug. Ch. 2000-320, § 2, at 3843, Laws of Fla. The effect of this legislation was to prohibit refills of prescription drugs like Vicodin. Compare § 893.04(1)(f) (prohibiting physicians from including refills on a prescription for a Schedule II controlled substance) with § 893.04(1)(g) (stating that a prescription for a Schedule III controlled substance may be filled or refilled five times during a six-month period).
    PAGE 846
  5. Wenke ex rel. Laufenberg v. Gehl Co.

    2004 WI 103 (Wis. 2004)   Cited 78 times   2 Legal Analyses
    ¶ 41. As to context, we observe that Chapter 893 itself is titled " Limitations of commencement of actions . . ." yet it plainly contains statutes of repose. Landis, 245 Wis.2d 1, ¶ 61, 628 N.W.2d 893. In addition, § 893.07 is located within sub-chapter I of Chapter 893, titled "Commencement, computation, action in non-Wisconsin forum and miscellaneous provisions." From another section located within this sub-chapter, we detect a legislative decision to include both statutes of repose and statutes of limitation under the concept of "period of limitation." Wisconsin Stat. § 893.04, which deals with the computation of periods within which civil actions must be commenced, states: " Unless otherwise specifically prescribed by law, a period of limitation within which an action may be commenced is computed from the time that the cause of action accrues until the action is commenced." Wis. Stat. § 893.04 (emphasis added). Statutes of repose are precisely the type of period of limitation that is "otherwise specifically prescribed by law," since a limitation period based upon computation from some primary event or conduct by a defendant does not necessarily entail…
    PAGE 248
  6. Graddy v. Wal-Mart Stores E., LP

    237 F. Supp. 3d 1223 (M.D. Fla. 2017)   Cited 5 times   1 Legal Analyses
    Graddy argues that because she knew that the suspected forger would be apprehended by law enforcement before she was able to consume the medication, Graddy did not "dispense" the medication. Graddy provides no authority for this interpretation of the statute, and it raises a second concern: if Graddy did not "dispense" the medication to the ultimate consumer for consumption, was she acting "in good faith" and "in the course of professional practice" as required by pharmacists in section 893.04(1), Florida Statutes ? (See § 893.04(1), Fla. Stat. ("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 ...") (emphasis added)). Nonetheless, whether Graddy actually violated section 393.04(f) is not determinative of whether Wal–Mart's POM 1703 is unlawful.
    PAGE 1230
  7. Pufahl v. Williams

    179 Wis. 2d 104 (Wis. 1993)   Cited 9 times
    Williams insists that "[b]ecause sec. 893.04 expressly states that the date of accrual triggers the running of the statute of limitations in any given case, the date of accrual must be included as the first day in calculating this time period." However, sec. 893.04, Stats., does not address time computation. It says nothing about when or how accrual is to be determined, and it says nothing about whether the first day is computed or not. In the overall statutory scheme, the purpose of sec. 893.04, Stats., is merely to identify that point at which one is entitled to begin time computation. Directives as to when a specific cause of action accrues are left to other statutes. We must conclude, therefore, that sec. 893.04, Stats., does not command that the accrual date itself be included for time computation purposes.
    PAGE 113
  8. Cohn v. Department of Professional Regulation

    477 So. 2d 1039 (Fla. Dist. Ct. App. 1985)   Cited 25 times
    120.57 Florida Statutes 465.016 465.016 893.04 Florida Statutes. 893.04 Florida Statutes, 893.04 Florida Statutes, 893.04 Florida Statutes. 465.016 Florida Statutes, 465.016 Florida Statutes, Florida Statutes, Florida Statutes, United States Code 465.016 Florida Statutes. 893.04 Florida Statutes, 1st Linda M. Rigot
    PAGE 1050
  9. Christ v. Exxon Mobil Corp.

    2015 WI 58 (Wis. 2015)   Cited 5 times   1 Legal Analyses
    ¶ 84 Actions “to recover damages for death caused by the wrongful act, neglect or default of another” are barred if not commenced within three years. Wis. Stat. § 893.54(2). Wisconsin Stat. § 893.04 underlies the dispute before us because it determines when that three-year period set out in § 893.54(2) begins to run for wrongful death claims, Wis. Stat. § 895.04, and survival actions, Wis. Stat. § 895.01. Section 893.04 provides:
    PAGE 619
  10. Haan v. CVS, Inc.

    Case No.: 8:19-cv-2462-T-60AAS (M.D. Fla. Apr. 7, 2020)
    Mr. Haan also alleges CVS violated Florida Statute § 893.04 because CVS would not fill Mr. Haan's prescriptions. (Doc. 15, p. 10). Mr. Haan conclusively alleges CVS did not like the name of the prescription and that the prescriptions did not state "pain management." (Id.). However, "[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." Fla. Stat. § 893.04( 1). First, this statute does not require the pharmacist to fill controlled substances but gives discretion to the pharmacist. Id.; see also Cohn v. Dep't. of Professional Reg., 477 So. 2d 1039, 1041 n.2 (Fla. Dist. Ct. App. 1985) ("[N]o pharmacist is required to fill any prescription, no matter how regular in form, if he choose not to do so."). Second, the statute also addresses the different schedules of controlled substances, how often those prescriptions are filled or refilled, and the amount allowed for each prescription. Fla. Stat. § 893.04( 1)(f)-(g). Even if Mr. Haan provides facts rather than conclusory allegations about his "legal prescription," Florida statute…
    PAGE 10