Frequently Asked Questions

Any information not contained on the preprinted prescription should be hand printed.

The law does not grant a “grace” period. It went into effect on July 1, 2003. The Department’s focus in the first year will be on education, not punishment.

No. The law applies to a “written prescription for a medicinal drug issued by a health care practitioner licensed by law to prescribe such drug…” A pharmacist is not licensed by law to prescribe drugs.

The law clearly references written prescriptions, not written orders. There is a distinct difference between the two. An order relates to administration; a prescription relates to dispensing. Thus, in our interpretation, the law does not apply to written orders.

No. The law requires that it must be capable of being understood by the pharmacist.

No.

That the prescription be legibly written or typed; that the quantity of the drug must be written in numerical and textual format (e.g. 10 -ten); that the date of the prescription must be written in textual letters (e.g. July 1, 2003); and that the practitioner must sign the prescription on the day it is issued.

The bill was signed into law by Governor Bush on May 23, 2003 and became effective on July 1, 2003.

The law was created in the interest of reducing prescription errors and keeping Florida citizens and visitors safe.

Senator Wasserman-Schultz and Representative Vana.

Section 456.42 Florida Statutes – Written prescriptions for medicinal drugs:

(1) A written prescription for a medicinal drug issued by a health care practitioner licensed by law to prescribe such drug must be legibly printed or typed so as to be capable of being understood by the pharmacist filling the prescription; must contain the name of the prescribing practitioner, the name and strength of the drug prescribed, the quantity of the drug prescribed, and the directions for use of the drug; must be dated; and must be signed by the prescribing practitioner on the day when issued. However, a prescription that is electronically generated and transmitted must contain the name of the prescribing practitioner, the name and strength of the drug prescribed, the quantity of the drug prescribed in numerical format, and the directions for use of the drug and must be dated and signed by the prescribing practitioner only on the day issued, which signature may be in an electronic format as defined in s. 668.003(4).

(2) A written prescription for a controlled substance listed in chapter 893 must have the quantity of the drug prescribed in both textual and numerical formats, must be dated in numerical, month/day/year format, or with the abbreviated month written out, or the month written out in whole, and must be either written on a standardized counterfeit-proof prescription pad produced by a vendor approved by the department or electronically prescribed as that term is used in s. 408.0611. As a condition of being an approved vendor, a prescription pad vendor must submit a monthly report to the department that, at a minimum, documents the number of prescription pads sold and identifies the purchasers. The department may, by rule, require the reporting of additional information.

Dispensing is defined as selling medicinal drugs to patients in the office. A practitioner who writes prescriptions or provides complimentary professional samples is not a “dispensing practitioner,” and therefore does not need to register with the department.

A practitioner authorized by law to prescribe drugs may dispense such drugs to her or his patients in the regular course of her or his practice in compliance with s. 465.0276, Florida Statutes.

Duly authorized agents and employees of the department shall inspect in a lawful manner at all reasonable hours any pharmacy, hospital, clinic, wholesale establishment, manufacturer, physician’s office, or any other place in the state in which drugs and medical supplies are manufactured, packed, packaged, made, stored, sold, offered for sale, exposed for sale, or kept for sale for the purpose of:

(a) Determining if any of the provisions of this chapter or any rule promulgated under its authority is being violated;
(b) Securing samples or specimens of any drug or medical supply after paying or offering to pay for such sample or specimen; or
(c) Securing such other evidence as may be needed for prosecution under this chapter.

To print a Dispensing Practitioner Form online, click “Forms & Requests” on the Resources page.

Fees:
Registration      $100
Renewal      $100

Mail the completed Dispensing Practitioner Form and $100 Fee* to:

Department of Health
Division of Medical Quality Assurance
Board of Medicine
PO Box 6320
Tallahassee, FL 32314-6320

* Cashier’s check or money order is required payable to Department of Health. Do not send cash.

Additional information regarding Dispensing Practitioners can be found at s. 465.0276, s. 465.017, F.S and Rule 64B8-3.006, FAC.