Florida Imposes new ID Requirements for Pharmacist Dispensing of Controlled Substances

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The Florida legislature passed HB 21, which imposes a number of new requirements on prescribers and pharmacists regarding controlled substance prescribing and dispensing. Part of the law requires pharmacists to verify the identity of the person named on the prescription. These requirements do not apply in an institutional setting or to a long-term care facility, including assisted living facilities or in-patient hospitals.

The following steps are required to satisfy the identification requirements when dispensing controlled substance prescriptions in Florida.

  1. If the patient is known to the pharmacist, then verifying a government issued photo ID is unnecessary;
  2. If the patient is not known, the pharmacist must:
    • Have the patient present valid government issued photographic identification or other verification of his or her identity of one of the types of identification set forth in 8 C.F.R. s. 274a.2(b)(1)(v)(A) and (B) – this is a detailed list of ID types that can be used; or
    • If the patient does not have proper ID, verify the validity of the prescription and identity of the patient with the prescriber or his or her agent; or
    • For prescriptions billed through insurance, the pharmacist may query the system to determine health plan eligibility through a real-time inquiry or adjudication system.

Click here to view a graphical description of the ID process.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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