2023 Colorado Revised Statutes › Title 12 - PROFESSIONS AND OCCUPATIONS (§§ 12-1-101 — 12-315-310) › DIVISION OF PROFESSIONS AND OCCUPATIONS (§§ 12-20-101 — 12-30-209) › Article 30 - PROVISIONS APPLICABLE TO HEALTH-CARE PROFESSIONS AND OCCUPATIONS (§§ 12-30-101 — 12-30-209) › Part 1 - MISCELLANEOUS PROVISIONS APPLICABLE TO HEALTH-CARE PROFESSIONS AND OCCUPATIONS (§§ 12-30-101 — 12-30-124) › Section 12-30-109 - Prescriptions - limitations - definition - rules

(1)
(a)
A prescriber shall not prescribe more than a seven-day supply of an opioid to a patient who has not obtained an opioid prescription from that prescriber within the last twelve months and may exercise discretion to include a second fill for a seven-day supply. The limits on initial prescribing do not apply if, in the judgment of the prescriber, the patient:
(I)
Has chronic pain that typically lasts longer than ninety days or past the time of normal healing, as determined by the prescriber, or following transfer of care from another prescriber who practices the same profession and who prescribed an opioid to the patient;
(II)
Has been diagnosed with cancer and is experiencing cancer-related pain;
(III)
Is experiencing post-surgical pain that, because of the nature of the procedure, is expected to last more than fourteen days; or
(IV)
Is undergoing palliative care or hospice care focused on providing the patient with relief from symptoms, pain, and stress resulting from a serious illness in order to improve quality of life; except that this subsection (1)(a)(IV) applies only if the prescriber is a physician, a physician assistant, or an advanced practice registered nurse.
(b)
Prior to prescribing any opioid or benzodiazepine prescription pursuant to this section, a prescriber must comply with section
12-280-404 (4)
. Failure to comply with section
12-280-404 (4)
constitutes unprofessional conduct or grounds for discipline, as applicable, under section
12-220-201
,
12-240-121
,
12-245-224
,
12-255-120
,
12-275-120
,
12-290-108
, or
12-315-112
, as applicable to the particular prescriber, only if the prescriber repeatedly fails to comply.
(2)
A prescriber licensed pursuant to article
315
of this title 12 may prescribe opioids and benzodiazepines electronically.
(3)
A violation of this section does not create a private right of action or serve as the basis of a cause of action. A violation of this section does not constitute negligence per se or contributory negligence per se and does not alone establish a standard of care. Compliance with this section does not alone establish an absolute defense to any alleged breach of the standard of care.
(4)
As used in this section, "prescriber" means:
(a)
A dentist licensed pursuant to article
220
of this title 12;
(b)
A physician or physician assistant licensed pursuant to article
240
of this title 12;
(c)
An advanced practice registered nurse or certified midwife with prescriptive authority pursuant to section
12-255-112
;
(d)
An optometrist licensed pursuant to article
275
of this title 12;
(e)
A podiatrist licensed pursuant to article
290
of this title 12; or
(f)
[Repealed by 2024 amendment]
(g)
A licensed psychologist with prescriptive authority pursuant to section
12-245-309
.
(5)
Repealed.
(6)
On or before November 1, 2021, the applicable board for each prescriber shall, by rule, limit the supply of a benzodiazepine that a prescriber may prescribe to a patient who has not obtained a benzodiazepine prescription from a prescriber within the last twelve months; except that the rules must not limit the supply of a benzodiazepine prescribed to treat epilepsy, a seizure or seizure disorder, a suspected seizure disorder, spasticity, alcohol withdrawal, or a neurological condition, including a posttraumatic brain injury or catatonia. The rules must allow for appropriate tapering off of benzodiazepines and must not require or encourage abrupt discontinuation or withdrawal of benzodiazepines.
(7)
Each prescriber licensed in this state who holds a current registration issued by the federal drug enforcement administration shall register and maintain a user account as specified in section
12-280-403
.
Amended by 2024 Ch. 440,§ 1, eff. 6/6/2024.
Amended by 2023 Ch. 6, § 2, eff. 8/7/2023.
Amended by 2023 Ch. 261,§ 28, eff. 5/25/2023.
Amended by 2022 Ch. 442, § 7, eff. 8/10/2022.
Amended by 2022 Ch. 397, § 1, eff. 8/10/2022.
Amended by 2022 Ch. 265, § 1, eff. 5/27/2022.
Amended by 2021 Ch. 364,§ 7, eff. 7/1/2021.
Amended by 2021 Ch. 364,§ 6, eff. 7/1/2021.
Amended by 2021 Ch. 364,§ 5, eff. 7/1/2021.
Amended by 2020 Ch. 64, § 2, eff. 9/14/2020.
Amended by 2020 Ch. 157, § 41, eff. 7/1/2020.
Amended by 2019 Ch. 86,§17, eff. 7/1/2023.
Amended by 2019 Ch. 86,§16, eff. 7/1/2021.
Renumbered from C.R.S. §
12-36-117.6
and amended by 2019 Ch. 136, § 1, eff. 10/1/2019.
Amended by 2019 Ch. 86, § 6, eff. 8/2/2019.
Added by 2018 Ch. 221, § 3, eff. 5/21/2018.
(1) This section is similar to former § 12-36-117.6 as it existed prior to 2019.
(2) Before its relocation in 2019, this section was amended in SB 19-079. Those amendments were superseded by the repeal and reenactment of this title 12, effective October 1, 2019. For those amendments to the former section in effect from August 2, 2019, to October 1, 2019, see SB 19-079, chapter 86, Session Laws of Colorado 2019.
(3) Amendments to subsection (2) by sections 16 and 17 of SB 19-079 were harmonized, effective July 1, 2023.
2023 Ch. 6, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2022 Ch. 397, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2022 Ch. 442, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
For the legislative declaration in HB 21-1276, see section 1 of chapter 364, Session Laws of Colorado 2021.