C.R.S.
Section 12-30-109
Prescriptions
- limitations
- definition
- rules
(1)
Intentionally left blank —Ed.(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;(f)
A veterinarian licensed pursuant to part 1 of article 315 of this title 12; or(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.
Source:
Section 12-30-109 — Prescriptions - limitations - definition - rules, https://leg.colorado.gov/sites/default/files/images/olls/crs2023-title-12.pdf (accessed Oct. 20, 2023).
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