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Current Status of E-scribing Controlled Substances in Florida

Fraser Cobbe

Orange County Medical Society

Seminole County Medical Society

Given the ongoing discussions around prescribing controlled substances and addressing the appropriate processes for management of the distribution of pain medication, we reached out to the Florida Board of Pharmacy for an update on the current status of e-scribing controlled substances in the State of Florida.

C. Erica White, MBA, JD, the Executive Director of the Board of Pharmacy provided a comprehensive response and citations to the appropriate statutory and regulatory references which is included below. In summary, Florida law does permit physicians to e-scribe controlled substances in Schedule II through V. There is however some restrictions on the ability to electronically refill these controlled substances.

Below are the citations and information provided by the Board of Pharmacy:

Rule 64B16-27.831, F.A.C., provides that "[a]ll controlled substances listed in Schedule II through V may be electronically prescribed pursuant to the provisions of Section 456.42(2), F.S. (2015), and pursuant to applicable federal law.

As it relates to refills, Schedule II prescriptions cannot be refilled pursuant to Section 893.04(1)(f), F.S. However, Section 893.04 (1)(g), F.S., provides that "[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."

Physicians should be aware of those controlled substances included in Schedule II that would not be eligible for electronic refill according to the Florida Statutes. Some examples of those substances include Hydrocodone and Oxycodone.

For physicians looking for the current Schedules of Controlled Substances, that information can be found here.

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