In 2018, Florida passed Chapter 2018-13, Laws of Florida, regarding controlled substances, that changed long standing practices on prescribing and dispensing an opioid drug for acute pain.
If you have any questions regarding your prescription, please consult your prescribing practitioner for assistance.
a. Under the law (Chapter 2018-13, Laws of Florida), most opioid prescriptions for acute pain have been limited to a 3 – day supply
b. Under special circumstances identified by your practitioner, a prescription can be increased to a 7 – day supply
The availability of an opioid drug for more than 3 or 7 days is determined by whether your condition is one that is considered non-acute pain.
Allopathic physicians, osteopathic physicians, dentists, podiatrists, certified optometrists, ARNPs, and PAs are prescribing practitioners.
The standards for prescribing medication for chronic non-malignant pain or cancer have not changed.
Before dispensing an opioid drug to a person the pharmacist does not know, the pharmacist must require the person purchasing, receiving, or otherwise acquiring the drug to present valid photographic identification or other verification of his or her identity.
An identification that is issued by a state or the Federal Government containing the person's photograph, printed name, and signature, or a document considered acceptable under 8 C.F.R. s. 274a.2(b)(1)(v)(A) and (B).
If the person does not have proper identification, the pharmacist may verify the validity of the prescription and the identity of the patient with the prescriber or his or her authorized agent.
Your physician may have chosen to follow the Centers for Disease Control guidelines and recommendations from the DEA, but Florida’s new controlled substance law did not change the standards for prescribing medication for chronic non-malignant pain. The Florida Department of Health encourages you to discuss these matters with your physician so you can work together and continue to pursue a course of treatment that manages your pain and provides quality of life.
For prescriptions for acute pain, Walmart chose to follow the federal Centers for Disease Control guidelines and recommendations from the DEA in limiting prescriptions. If there is a difference in the dosage prescribed and the amount the pharmacy will fill, the Florida Department of Health encourages you to discuss these matters with your physician so you can work together and continue to pursue a course of treatment that manages your pain and provides quality of life.
On the Board of Medicine website you and your physician can find at Rule 64B8-9.013, Standards for the Use of Controlled Substances for the Treatment of Pain. The link to this is at http://flboardofmedicine.gov/resources/, select Florida Statutes & Administrative Codes then select Chapter 64B8: Board of Medicine.
The 2018 Florida law placed additional reporting and documentation requirements on physicians. You may want to search for a pain management clinic near you. Go to https://appsmqa.doh.state.fl.us/MQASearchServices/HealthCareProviders
If a prescription for a Schedule II prescription does not meet the requirements as specified in the legislation, the pharmacist should follow their current standard policy and procedures by contacting the prescribing practitioner to verify written information contained within the prescription. Any deviation or change in the prescription should be promptly reduced to writing and properly annotated based on your current pharmacy practice.
The effective date of the legislation is July 1, 2018, and any requirements regarding prescriptions would be applicable starting July 1, 2018, and going forward. Prescriptions written before July 1, 2018, should still be valid and would be subject to the law at the time that prescription was written. The requirement to include the language “ACUTE PAIN EXCEPTION” or “NONACUTE PAIN” on the prescription would only be requirement after the effective date of the bill, July 1, 2018