Florida statute section 456.47 restricts Schedule II controlled substance prescribing via telehealth to two narrow patient categories: hospice patients and nursing home residents. Every other patient — regardless of diagnosis, established relationship, or DEA federal flexibility status — requires an in-person evaluation before a Florida physician can prescribe a Schedule II substance.
Why this matters under the federal DEA extension
Physicians often assume the federal DEA extension means they can prescribe Schedule II controlled substances via telehealth in any state. That is not correct. The DEA extension sets a federal floor — it removes the federal Ryan Haight in-person requirement — but states can and do impose stricter rules. Florida has done exactly that. A physician prescribing Adderall, oxycodone, fentanyl, or any other Schedule II substance to a Florida telehealth patient who is not in hospice or a nursing home is in violation of Florida law, regardless of federal flexibility.
Schedules III through V
Florida's Schedule II restriction does not extend to Schedule III through V substances. Physicians may prescribe Schedule III through V controlled substances via telehealth in Florida subject to the standard DEA and state CS registration requirements. This includes buprenorphine for OUD under the post-MATE Act rules, benzodiazepines, and certain stimulants classified as Schedule IV.
Florida's restriction is on Schedule II only. Schedules III through V may be prescribed via telehealth subject to standard DEA and state CS registration requirements.
What physicians treating Florida patients should do
Review your active Florida telehealth patients who are receiving Schedule II prescriptions. For each, determine whether they fall within the hospice or nursing home exception. If not, an in-person evaluation is required before continuing to prescribe. For new Florida patients requesting Schedule II substances via telehealth, an in-person visit is required before any prescription can be issued.