Frequently Asked Questions

No. According to § 464.0123, Florida Statutes (2025) An advanced practice registered nurse registered under this section may: 1. Engage in autonomous practice only in primary care practice, including family medicine, general pediatrics, and general internal medicine, as defined by board rule. According to § 458.3265, Florida Statutes (2025), a “pain-management clinic” is defined separately, and “the department shall deny registration to any clinic that is not fully owned by a physician licensed under this chapter or chapter 459 or a group of physicians, each of whom is licensed under this chapter or chapter 459.”

Under Florida S. 456.44(3)(d) states, in part, “The patient shall be seen by the registrant at regular intervals, not to exceed 3 months, to assess the efficacy of treatment, ensure that controlled substance therapy remains indicated, evaluate the patient’s progress toward treatment objectives, consider adverse drug effects, and to review the etiology of the pain….”

The language did not change and reads:

S. 456.44(3)(d) states, in part, “The patient shall be seen by the registrant at regular intervals, not to exceed 3 months, to assess the efficacy of treatment, ensure that controlled substance therapy remains indicated, evaluate the patient’s progress toward treatment objectives, consider adverse drug effects, and to review the etiology of the pain….”

Under the 2025 Florida Statutes, a prescription from a practitioner licensed outside Florida may be filled by a Florida pharmacist when the statutory requirements are met:

1. The pharmacist must determine, in the exercise of professional judgment, that the prescription “was issued pursuant to a valid patient-physician relationship.”
2. The pharmacist must determine that “it is authentic.”
3. The pharmacist must determine that the medication is “necessary for the continuation of treatment of a chronic or recurrent illness.”
4. If the prescribing physician is not known to the pharmacist, the pharmacist “shall obtain proof to a reasonable certainty of the validity of the prescription.”

For a controlled substance, § 893.04(2)(a), Florida Statutes (2025), “A pharmacist may not dispense a controlled substance listed in Schedule II, Schedule III, or Schedule IV to any patient or patient’s agent without first determining, in the exercise of her or his professional judgment, that the prescription is valid.”

If a prescription for a Schedule II opioid does not meet the requirements as specified in the law, the pharmacist should follow their current standard policy and procedures by contacting the prescribing practitioner to verify written information contained within the prescription. Any change in the prescription should be promptly reduced to writing and properly annotated based on your current pharmacy practice. According to Florida Administrative Code Rule 64B16-27.831, if at any time the pharmacist determines that in his or her professional judgment, concerns with the validity of the prescription cannot be resolved, the pharmacist shall refuse to fill or dispense the prescription.

No. The days supply limits apply to Schedule II opioids prescribed for the treatment of acute pain.

The 3-day and up to 7-day limits apply to Schedule II opioids prescribed for the treatment of acute

According to the 2025 Florida Statutes § 456.44(6), “For the treatment of pain related to a traumatic injury with an Injury Severity Score of 9 or greater, a prescriber who prescribes a Schedule II controlled substance listed in s. 893.03 or 21 U.S.C. s. 812 must concurrently prescribe an emergency opioid antagonist, as defined in s. 381.887(1).”

Under Fla. Stat. § 456.44(5)(b) (2025), an APRN authorized to prescribe controlled substances must indicate “NONACUTE PAIN” on a prescription when prescribing a Schedule II opioid for pain other than acute pain, because the statute expressly provides: “For the treatment of pain other than acute pain, a prescriber must indicate ‘NONACUTE PAIN’ on a prescription for an opioid drug listed as a Schedule II controlled substance.”

“Acute pain” is the normal, predicted, physiological, and time-limited response to an adverse chemical, thermal, or mechanical stimulus associated with surgery, trauma, or acute illness. It does not include pain related to cancer, terminal conditions, pain treated with palliative care, or traumatic injuries with an Injury Severity Score of 9 or greater.

Under the 2025 Florida Statutes, § 456.44(1)(a), the statute says that the definition of “acute pain” does not include pain related to the following four categories

1. cancer,
2. A terminal condition. For purposes of this subparagraph, the term ‘terminal condition’ means a progressive disease or medical or surgical condition that causes significant functional impairment, is not considered by a treating physician to be reversible without the administration of life-sustaining procedures, and will result in death within 1 year after diagnosis if the condition runs its normal course.
3. Palliative care to provide relief of symptoms related to an incurable, progressive illness or injury.
4. A traumatic injury with an Injury Severity Score of 9 or greater.

***“Under the 2025 Florida Statutes, § 456.44(5)(a) provides a 3-day supply limitation for Schedule II opioids prescribed for acute pain, with a specified exception permitting up to a 7-day supply. Section 456.44 also sets forth standards applicable to the treatment of chronic nonmalignant pain.”

Yes. Florida Statute § 456.44(5)(b) (2025) states “For the treatment of pain other than acute pain, a prescriber must indicate ‘NONACUTE PAIN’ on a prescription for an opioid drug listed as a Schedule II controlled substance…”

No. The law provides that for the treatment of acute pain, a prescription for an opioid drug listed as a Schedule II controlled substance in s. 893.03 or 21 U.S.C. s. 812 may not exceed a 3-day supply, except that up to a 7-day supply may be prescribed if certain conditions are met. The “3-day” and “7-day” applies to the supply of the opioid drug listed as a Schedule II controlled substance, not the number of days after the prescription is written for which it is still valid. Florida Board of Pharmacy Rule 64B16-27.211 provides: “No prescription may be filled or refilled in excess of one (1) year from the date of the original prescription was written. No prescription for a controlled substance listed in Schedule II may be refilled.”

“For the treatment of acute pain, a prescription for an opioid drug listed as a Schedule II controlled substance in s. 893.03 or 21 U.S.C. s. 812 may not exceed a 3-day supply, except that up to a 7-day supply may be prescribed if: … The prescriber indicates ‘ACUTE PAIN EXCEPTION’ on the prescription.” — Fla. Stat. § 456.44(5)(a) (2025).