§ 18-18-308. Prescriptions

1. As used in this section, “medical treatment” includes dispensing or administering a narcotic drug for pain, including intractable pain.
2. Except as provided in section 18-18-414, a person may dispense a controlled substance only as provided in this section.
3. 1. Except as provided in paragraph (b) of this subsection (3), a person shall not dispense a substance included in schedule II to an ultimate user of the substance without:
      1. The written prescription of a practitioner; or
      2. An electronic prescription drug order for a schedule II substance that is created and transmitted in accordance with 21 CFR 1311.
   2. A practitioner, other than a pharmacy, may dispense a schedule II substance directly to the ultimate user without a written prescription.
4. 1. Except as provided in paragraph (b) of this subsection (4), a person shall not dispense a substance included in schedule III, IV, or V to an ultimate user of the substance without:
      1. A written or oral prescription order of a practitioner; or
      2. An electronic prescription drug order for a schedule III, IV, or V substance that is created and transmitted in accordance with 21 CFR 1311.
   2. A practitioner, other than a pharmacy, may dispense a schedule III, IV, or V substance directly to the ultimate user without a written prescription.
   3. A prescription order for a schedule III, IV, or V substance must not be filled or refilled more than six months after the date of the order or be refilled more than five times.
5. A practitioner may dispense or deliver a controlled substance to or for an individual or animal only for medical treatment or authorized research in the ordinary course of that practitioner’s profession.
6. No civil or criminal liability or administrative sanction may be imposed on a pharmacist for action taken in reliance on a reasonable belief that an order purporting to be a prescription was issued by a practitioner in the usual course of professional treatment or in authorized research.

Source: L. 92: Entire article R&RE, p. 353, § 1, effective July 1. L. 96: (4) amended, p. 1427, § 17, effective July 1. L. 98: (2) amended, p. 430, § 2, effective July 1. L. 2012: (3) and (4) amended, (SB 12-037), ch. 40, p. 139, § 1, effective March 22.

Editor’s note: This section is similar to former § 12-22-122 as it existed prior to 1992.