§ 12-30-109. Prescriptions – Limitations – Definition – Rules

1. 1. 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:
      1. 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;
      2. Has been diagnosed with cancer and is experiencing cancer-related pain;
      3. Is experiencing post-surgical pain that, because of the nature of the procedure, is expected to last more than fourteen days; or
      4. 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.
   2. Prior to prescribing the second fill of any opioid or benzodiazepine prescription pursuant to this section, a prescriber must comply with the requirements of 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, 12-255-120, 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 July 1, 2021, until July 1, 2023.] A prescriber licensed pursuant to article 220 or 315 of this title 12 may prescribe opioids and benzodiazepines electronically.

   (2) [ Editor’s note: This version of subsection (2) is effective July 1, 2023. ] 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:
   1. A dentist licensed pursuant to article 220 of this title 12;
   2. A physician or physician assistant licensed pursuant to article 240 of this title 12;
   3. An advanced practice registered nurse with prescriptive authority pursuant to section 12-255-112;
   4. An optometrist licensed pursuant to article 275 of this title 12;
   5. A podiatrist licensed pursuant to article 290 of this title 12; or
   6. A veterinarian licensed pursuant to article 315 of this title 12.
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.

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.

Editor’s note:

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.

Cross references: For the legislative declaration in HB 21-1276, see section 1 of chapter 364, Session Laws of Colorado 2021.