Tropical Storm Nicole – Early prescription renewals allowed in a state of emergency


Communications Office

On November 7, 2022, Governor Ron DeSantis issued Executive Order 22-253, extending the state of emergency to 34 counties in the potential path of Tropical Storm Nicole. The 34 counties are: Brevard, Broward, Charlotte, Citrus, Clay, Collier, DeSoto, Duval, Flagler, Glades, Hardee, Hendry, Highlands, Hillsborough, Indian River, Lake, Lee, Manatee, Martin, Miami-Dade, Nassau, Okeechobee, Orange, Osceola, Palm Beach, Pasco, Polk, Putnam, Sarasota, Seminole, St. Johns, St. Lucie, Sumter and Volusia.

The Florida Department of Health (Department) is working with emergency officials across the state to prepare for any impact on communities and reminds Floridians to have enough prescriptions on hand in case pharmacies are temporarily unavailable. . Under a state of emergency, Floridians are allowed to receive early prescription refills, regardless of usual limits.

On November 7, 2022, the Department issued a Provider Alert regarding early prescription renewals under executive order to all licensed pharmacists and pharmacies.

Additionally, the Florida Office of Insurance Regulation (OIR) has issued the following reminder to all health insurers, managed care organizations, and healthcare entities:

Reminder of Florida law for early prescription refills

This notice reminds that all health insurers, managed care organizations and other healthcare entities must comply with the provisions of Section 252.358 of the Florida statutes, which allows for early renewal of prescriptions in the event the governor issues an executive order. declaring a state of emergency. This warrant remains in effect until the governor’s order is revoked or expires. Please be governed accordingly.

Executive Order 22-253

In accordance with Section 252.358, FS, prescription drug refills for emergency preparedness:

  • All health insurers, managed care organizations and other entities that are licensed by the Office of Insurance Regulation and that provide prescription drug coverage under a policy or contract must waive the restrictions of time on prescription drug refills, which includes suspending “e-refill too soon”. ” changes to pharmacies, to allow insureds or subscribers to refill prescriptions in advance, if there are still authorized refills, and authorizes payment to pharmacies for at least a 30-day supply of any prescription drug , regardless of when the prescription was most recently filled by a pharmacist, when the following conditions exist:
  • (1) The person applying for prescription drug refill resides in a county that:
    • (a) is subject to a hurricane warning issued by the National Weather Service;
    • (b) is declared a state of emergency by executive order issued by the Governor; Where
    • (c) Activated its emergency operations center and emergency management plan.
  • (2) Refills for prescription drugs shall be requested within 30 days of the original date of the terms set out in this section or until such terms are terminated by the issuing authority or no longer exist. The waiver period for prescription drug refills can be extended in 15 or 30 day increments by emergency orders issued by the Office of Insurance Regulation.

This section does not excuse or exempt an insured or subscriber from complying with any other terms of the policy or contract providing prescription drug coverage.

health department

The Florida Department of Health is responsible for regulating health care practitioners to safeguard the health, safety, and welfare of the public. The Licensing and Regulatory Section provides information related to professional licensing, facilities and permits, as well as application information.


The Florida Office of Insurance Regulation is primarily responsible for regulation, compliance, and enforcement of insurance business and market oversight of the industry. For more information on OIR, visit or follow us on Twitter @FLOIR_comm.

About the Florida Department of Health

The department, nationally accredited by the Public Health Accreditation Board, strives to protect, promote, and improve the health of all Florida residents through integrated state, county, and from the community.

Follow us on Twitter at @HealthyFla and on Facebook. For more information about the Florida Department of Health, please visit

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