(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
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(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) [ Editor's note: This version of subsection (2) is effective until January 1,
2026. ] A prescriber licensed pursuant to article 315 of this title 12 may prescribe
opioids and benzodiazepines electronically.
(2) [ Editor's note: This version of subsection (2) is effective January 1, 2026. ] A prescriber licensed pursuant to article 315 of this title 12 may prescribe opioids
and benzodiazepines electronically in accordance with section 12-315-305.
(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) [ Editor's note: This version of subsection (4)(e) is effective until January 1,
2026. ] A podiatrist licensed pursuant to article 290 of this title 12; or
(e) [ Editor's note: This version of subsection (4)(e) is effective January 1,
2026. ] A podiatrist licensed pursuant to article 290 of this title 12;
(f) Repealed.
(f.5) [ Editor's note: Subsection (4)(f.5) is effective January 1, 2026. ] A
veterinarian licensed pursuant to 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: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.
773, � 1, effective October 1; (2) amended, (SB 19-079), ch. 86, p. 316, � 16, effective
July 1, 2021; (2) amended, (SB 19-079), ch. 86, p. 316, � 17, effective July 1, 2023. L.
2020: (2) amended, (HB 20-1183), ch. 157, p. 697, � 41, effective July 1; (1)(b)
amended, (HB 20-1056), ch. 64, p. 262, � 2, effective September 14. L. 2021: IP(1)(a),
(1)(a)(I), (1)(a)(IV), (1)(b), (2), and IP(4) amended, (5) repealed, and (6) added, (HB 21-1276), ch. 364, p. 2398, �� 5, 6, and 7, effective July 1. L. 2022: (1)(b) amended and
(7) added, (SB 22-027), ch. 265, p. 1933, � 1, effective May 27; (1)(b) amended, (HB
22-1115), ch. 397, p. 2824, � 1, effective August 10; (4)(f) amended, (HB 22-1235), ch.
442, p. 3102, � 7, effective August 10. L. 2023: (4)(c) amended, (SB 23-167), ch. 261,
p. 1533, � 28, effective May 25; (1)(b), (4)(e), and (4)(f) amended and (4)(g) added,
(HB 23-1071), ch. 6, p. 17, � 2, effective August 7. L. 2024: (4)(e) amended and (4)(f)
repealed, (SB 24-047), ch. 440, p. 3069, � 1, effective June 6. L. 2025: (2) and (4)(e)
amended and (4)(f.5) added, (HB 25-1285), ch. 305, p. 1603, � 14, effective January 1,
2026.