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Hurricane Milton Early Prescription Refills Permitted Under State of Emergency

Posted in Latest News on October 16, 2024 .

On October 5, 2024, Governor Ron DeSantis declared a state of emergency to prepare for Hurricane Milton.

Medical professionals and workers, social workers, and counselors with good and valid professional licenses issued by states other than the State of Florida may render such services in Florida during this emergency for persons affected by this emergency with the condition that such services be rendered to such persons free of charge, and with the further condition that such services be rendered under the auspices of the American Red Cross or the Florida Department of Health.

Under a state of emergency, a pharmacist can dispense an existing refill prescription early to persons who reside in an area or county covered under the executive order and to emergency personnel who have been activated by their state or local agency but do not reside in an area or county covered by this executive order. An early refill may include controlled substances as long as the medical drug is not listed in Schedule II appearing in Chapter 893, Florida Statutes, of the Florida Comprehensive Drug Abuse Prevention and Control Act. Under this state of emergency and pursuant to section 252.358, Florida Statutes, all health insurers, managed care organizations, and other entities that are licensed by the Office of Insurance Regulation shall waive time restrictions on early refills.

Pursuant to section 465.0275, Florida Statutes, in the event a pharmacist receives a request for a prescription refill and the pharmacist is unable to readily obtain refill authorization from the prescriber, pharmacists may dispense up to a 30-day supply of medication that is essential to the maintenance of life or to the continuation of therapy in a chronic condition.

In accordance with section 465.019(4)(b), Florida Statutes, a hospital that operates a Class II or Class III institutional pharmacy located in an area or county covered under this executive order may prescribe and dispense a supply of a medicinal drug lasting up to 72 hours.

In the event a pharmacist receives a request for a prescription refill and the pharmacist is unable to readily obtain refill authorization from the prescriber, the pharmacist may dispense a one-time emergency refill of up to a 72-hour supply of the prescribed medication; or a one-time emergency refill of insulin and insulin-related supplies or equipment to treat diabetes mellitus, not to exceed 3 nonconsecutive times per calendar year, irrespective of the issuance of an executive order.

The full version of the Governor’s executive order may be found at: Executive Order 24-215

State Surgeon General Issues Emergency Order Number 24-003

On October 8, 2024, State Surgeon General Joseph A. Ladapo, MD, PhD, issued Emergency Order 24-004 providing for the following for the duration of Governor Ron DeSantis’ Executive Order 24-214 and Executive Order 24-215 declaring a State of Emergency for the effected Florida counties:

 

Mobile Pharmacies: Suspending section 465.022(11)(c), Florida Statutes, and Florida Administrative Code Rule 64B16-28.113, which limit pharmacies and prescription department managers from operating in multiple locations.

Prescription Drug Monitoring Reporting (E-FORCSE®): Extending reporting under section 893.055(3)(a), Florida Statutes, which requires dispensers to report controlled substance prescription data to the PDMP within one business day, for up to 30 days.

Waiver of Practitioner Licensure Requirements: Suspending sections 456.065(2) and 401.41(1)(b), Florida Statutes, for any health care professional listed below that holds a valid, unrestricted, and unencumbered license in any state, territory, and/or district while providing services necessary to prepare for, report to, or mitigate the effects of Hurricane Milton. The permitted provision of health care services under this section is limited to the following licensees:

  • Paramedics, Emergency Medical Technicians, and their Medical Directors as defined by Chapter 401, Florida Statutes.

State Surgeon General Issues Emergency Order Number 24-004

On October 11, 2024, State Surgeon General Joseph A. Ladapo, MD, PhD, issued Emergency Order 24-004 providing:

Waiver of Practitioner Licensure Requirements: Suspending sections 456.065(2) and 401.41(1)(b), Florida Statutes, for any health care professional listed below that holds a valid, unrestricted, and unencumbered license in any state, territory, and/or district while providing services necessary to prepare for, report to, or mitigate the effects of Hurricane Milton. The permitted provision of health care services under this section is limited to the following licensees:

  • Paramedics, Emergency Medical Technicians and their Medical Directors as defined by Chapter 401, Florida Statutes.
  • Physicians and Physician Assistants under Chapter 458. Florida Statutes.
  • Osteopathic Physicians and Physician Assistants under Chapter 459, Florida Statutes.
  • Advanced Practice Registered Nurses, Registered Nurses, Licensed Practical Nurses under Chapter 464, Part I, Florida Statutes.
  • Certified Nursing Assistants under Chapter 464, Part II, Florida Statutes.
  • Mental Health Counselors, Clinical Social Workers, and Marriage and Family Therapists under Chapter 491, Florida Statutes.

Waiver of Telehealth Registration Requirement: Suspending section 456.47(4)(a), Florida Statutes, for any health care professional listed below that holds a valid, unrestricted, and unencumbered license in any state, territory, and/or district while providing services necessary to prepare for, report to, or mitigate the effects of Hurricane Milton. The permitted provision of health care services under this section is limited to the following licensees:

  • Physicians and Physician Assistants under Chapter 458. Florida Statutes.
  • Osteopathic Physicians and Physician Assistants under Chapter 459, Florida Statutes.
  • Advanced Practice Registered Nurses under Chapter 464, Florida Statutes.
  • Certified Nursing Assistants under Chapter 464, Part II, Florida Statutes.
  • Mental Health Counselors, Clinical Social Workers, and Marriage and Family Therapists under Chapter 491, Florida Statutes.

 



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