Frequently Asked Questions

It is now possible under federal law for an EMS provider to register with the DEA. This is to allow certain EMS provider personnel to administer controlled substances to patients receiving emergency medical services. See 21 USC § 823(k).

No. In Florida, emergency medical technicians are not permitted to administer controlled substances even if the EMS provider is registered with the DEA. See section 893.05(1)(a), Florida Statutes.

Under both federal and Florida law, in emergency settings while on duty for their employing EMS provider, paramedics may administer controlled substances under the supervision of the EMS medical director. See section 893.05, F.S., which was amended in 2025 to provide, in pertinent part:

• (1)(a) A practitioner, in good faith and in the course of his or her professional practice only, may prescribe, administer, dispense, mix, or otherwise prepare a controlled substance, or the practitioner may cause the controlled substance to be administered, under his or her direction and supervision only, by a certified paramedic in the course of providing emergency services, a licensed nurse, or an intern practitioner.

Florida law does not authorize APRNs and PAs to serve as EMS medical directors. This means that paramedics can’t administer controlled substances under the direction of an APRN or PA. See section 401.265(1), F.S.

DEA registrants, including EMS providers, are subject to federal law and DEA rules, including the prohibition against employing persons convicted of drug felonies.  See 21 CFR 1301.76(a). See 21 CFR 1301.76(b).

DEA registrants, including EMS providers, are subject to federal law and DEA rules, including the requirement to report the theft or diversion of controlled substances to the DEA. See 21 CFR 1301.76(b).

No. EMS providers should consult an attorney and thoroughly review all DEA regulations and the related provisions of federal and Florida law before authorizing paramedics to administer controlled substances. See the DEA’s Diversion Control Division, Questions and Answers for additional information.

A business that transports sick or injured people who require or are likely to require medical treatment during transport is an EMS provider, commonly referred to as an “ambulance service.”

EMS providers must be licensed pursuant to Chapter 401, Part III, F.S.

Florida EMS provider licenses are issued by the Florida Department of Health. The laws of other states and many countries require EMS licenses to be issued by those states and countries for EMS providers operating within their borders.

Section 401.25(1), F.S., states:

• Every person, firm, corporation, association, or governmental entity owning or acting as agent for the owner of any business or service which furnishes, operates, conducts, maintains, advertises, engages in, proposes to engage in, or professes to engage in the business or service of providing prehospital or interfacility advanced life support services or basic life support transportation services must be licensed as a basic life support service or an advanced life support service, whichever is applicable, before offering such service to the public.

No. Although the general public may use the word “ambulance” to refer to any vehicle that transports sick or injured persons or even animals, section 401.23(6), F.S., limits the term “ambulance” to vehicles that are used to transport sick or injured persons who require or are likely to require medical attention during transport.

Consult an attorney to confirm your rights and responsibilities before offering or providing such a service; you should also review the information about county licenses to operate as a nonemergency medical transportation service at section 316.87, F.S.

Section 401.23(8), F.S., defines “basic life support” as assessment or treatment using techniques, including the administration of oxygen, that are described in the EMT-Basic National Standard Curriculum or the National EMS Education Standards, that are performed by someone who is qualified as an emergency medical technician (EMT) under Chapter 401, Part III, F.S.

Section 401.23(1), F.S., defines “advanced life support” as assessment or treatment using techniques that are described in the EMT-Paramedic National Standard Curriculum or the National EMS Education Standards, which include the administration of oxygen, and that are performed by someone who is qualified as a paramedic under Chapter 401, Part III, F.S.

Yes. You are “administering oxygen” if you start, stop, or adjust the flow rate of oxygen using any device that is a component part or accessory that contains or controls oxygen flow, delivery, or pressure, such as a liquid oxygen base, portable units, pressure regulators, flow meters, and oxygen concentrators.

No. Checking vital signs and starting, stopping, or in any way altering the flow of oxygen is performing basic life support, which you cannot do without a medical certification and the service cannot offer or provide without an EMS license.

Yes, you must have an EMS license if you offer, provide, sell, distribute, or administer, or help another person administer, oxygen, because oxygen is a prescription drug.

Medical oxygen is defined as a drug by sections 499.003(17) and (31), and 499.82(10) F.S., and 21 United States Code, section 321(g), and is only approved by the U.S. Food and Drug Administration for distribution pursuant to a prescription from a licensed medical prescriber.

No. It is unlawful to possess medical oxygen without a prescription and it is unlawful to sell, offer for sale, deliver, offer to deliver, trade, transfer by either the passage of title, physical movement, or both, broker, or give away medical oxygen without a permit from the Department of Business and Professional Regulation as described by Chapter 499, Part III, F.S.

No. The “administration of oxygen” is included in the definition of “basic life support” in section 401.23(8), F.S. Because administering oxygen is a basic life support procedure, and because only licensed EMS providers can perform basic life support procedures, a company can’t offer the administration of oxygen or assistance with oxygen administration unless that company has an EMS license.

Based on the limited information you describe, you do not appear to need an EMS license. Check the Florida Statutes and the law in the counties where you operate for other requirements that may apply to your services.