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Florida Opioid Prescribing Legal Requirements


Telehealth Legislation Passed (F.S. 456.0301)
Effective July 1, 2018, legislation was passed and the boards of medicine subsequently adopted administrative rules establishing guidelines for prescribing controlled substances for the treatment of acute pain.  Issues addressed include the evaluation of the patient, creation, and maintenance of a treatment plan, obtaining informed consent and agreement for treatment, periodic review of the treatment plan, consultation, medical record review, and compliance with controlled substances laws and regulations.  The Florida Department of Health's Take Control of Controlled Substances website provides a comprehensive guide to the rules and regulations physicians must follow to remain in compliance.

Telehealth Prescribing Statute (F.S. 456.47)

Section 456.47, Florida Statutes (approved 2019), establishes the telehealth practice standard for physicians (MD/DO).  Three years later in 2022 this telehealth statute was updated allowing Schedule III, IV, and V controlled substances to be prescribed via telehealth.  It is important to note, a physician providing telehealth services may not use telehealth to prescribe a controlled substance listed in Schedule II of F.S 893.03 unless the controlled substance is prescribed for the following:

1. The treatment of a psychiatric disorder;
2. Inpatient treatment at a hospital licensed under chapter 395;
3. The treatment of a patient receiving hospice services 
4. The treatment of a resident of a nursing home facility 

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