1. QUESTION: I need a refill of my Schedule II controlled substance,
for Non-acute Pain, my doctor is not available and the emergency room will
not fill my prescription. What can I do?
RESPONSE: Pursuant to Section 893.04(1)(f), Florida Statutes, a prescription for a
controlled substance listed in Schedule II may not be refilled. The Governor’s
Executive Order also does not allow for a refill of any Schedule II prescription
drugs.
If your prescription for a Schedule II needs to be refilled, and you are located
in a county listed in the Governor’s EO, and your prescribing practitioner is not
available to confirm your current prescription for a controlled substance, you will
need to be seen by another prescribing practitioner before your prescription for a
Schedule II controlled substance may be filled by a pharmacy.
2. QUESTION: Under the Governor’s EO, how many days am I able to have my
prescription for a Schedule II controlled substance filled if I am in a county listed
within the EO?
RESPONSE: Pursuant to Section 893.04(1)(f), Florida Statutes, prescription for a Schedule
II controlled may be dispensed only upon a written or electronic prescription of a practitioner. However, this statute provides that in an emergency situation, which currently exists under the Governor’s EO and the State Surgeon General’s EO, a prescription for a Schedule II controlled substance may be dispensed upon oral prescription, but is limited to a 72-hour supply.
3. QUESTION: What are the requirements for me to get a prescription filled for a
Schedule II controlled substance under the Governor’s EO?
Section 893.04(1)(f), F.S., provides that a prescription for a controlled substance listed in Schedule II may be dispensed only upon a written or electronic prescription of a practitioner. Further, the prescription must follow the guidelines set forth in 456.44 F.S. related to controlled substance prescribing.
4. QUESTION: Am I able to get more than the 72-hour supply of my prescription
medication with the Governor’s EO in place, if E-FORSCE shows my history that I normally
receive a 30, 60 or greater days supply of my Schedule II controlled substance medication?
RESPONSE: No, if the prescription for Schedule II controlled substance is an oral prescription, then the patient is limited to a 72-hour supply. All other Schedule II controlled substance prescriptions must follow the guidelines set forth in 456.44 F.S. related to controlled substance prescribing.
5. QUESTION: Under the emergency order, if how many days of my prescription
medication may I receive?
RESPONSE: Under Section 4(G) of the Governor’s Executive Order (EO), pharmacists may dispense up to a 30-day emergency prescription refill of maintenance medication to persons who reside in an area covered under the EO and to emergency personnel who have been activated by their state and local agency, but do not reside in an area or county covered by the EO. This is in accordance with Section 465.0275, F.S. Note: This 30-day emergency refill does not apply to Schedule II medications.
Section 465.0275(2), F.S., also provides that in order for a pharmacist to dispense this 30-day supply, the following provisions must be met:
(a) The prescription is not for a medicinal drug listed in Schedule II appearing
in chapter 893.
(b) The medication is essential to the maintenance of life or to the continuation
of therapy in a chronic condition.
(c) In the pharmacist’s professional judgment, the interruption of therapy might
reasonably produce undesirable health consequences or may cause physical or
mental discomfort.
(d) The dispensing pharmacist creates a written order containing all of the prescription
information required by this chapter and chapters 499 and 893 and signs that order.
(e) The dispensing pharmacist notifies the prescriber of the emergency dispensing
within a reasonable time after such dispensing.
6. QUESTION: Is the 30-days prescription limit applicable even if I have my
prescription at a different pharmacy?
RESPONSE: Yes. The 30-day emergency prescription refill would be applicable
to persons who reside in an area covered under the Governor’s EO.
7. QUESTION: What should I do if my medication prescription has expired,
but they need a refill, like monthly or 90 days meds which I received under
constant care?
RESPONSE: Under Section 4(G) of the Governor’s EO and in accordance with
Section 465.0275, F.S., pharmacists may dispense up to a 30-day emergency
prescription refill of maintenance medication to persons who reside in an area
covered under the EO.
The full version of the Governor’s Executive Order number 18-276 may be found at:
https://www.flgov.com/wp-content/uploads/2018/10/SKM_C36818100714280.pdf, and the full version of the Governor’s Executive Order number 18-277 may be found at:
https://www.flgov.com/wp-content/uploads/2018/10/SLT-BIZHUB18100810270.pdf.
