2018 Colorado Revised Statutes
Title 12 - Professions and Occupations
Health Care
Article 40 - Optometrists
§ 12-40-109.5. Use of prescription and nonprescription drugs - limits on opioid prescriptions - repeal

(1) Notwithstanding section 12-42.5-118, a licensed optometrist may purchase, possess, and administer prescription or nonprescription drugs for examination purposes only if, after July 1, 1983, the optometrist has complied with the following minimum requirements: Successful completion, by attendance and examination, of at least fifty-five classroom hours of study in general, ocular, and clinical pharmacology which must have been completed within twenty-four months preceding the application for certification; except that, in the event that such classroom hours have been completed since 1976, only six of such classroom hours must have been completed within twenty-four months preceding the application for certification. The courses shall be offered by an institution that is accredited by a regional or professional accreditation organization recognized or approved by the council on postsecondary education or the United States department of education or their successors.

(1.5) Notwithstanding section 12-42.5-118, a licensed optometrist may purchase, possess, administer, and prescribe prescription or nonprescription drugs for treatment on and after July 1, 1988, only if the optometrist has complied with the following minimum requirements within twenty-four months preceding the application for certification: Successful completion, by attendance and examination, of at least sixty classroom hours of study in ocular pharmacology, clinical pharmacology, therapeutics, and anterior segment disease; and successful completion by attendance and examination of at least sixty hours of approved supervised clinical training in the examination, diagnosis, and treatment of conditions of the human eye and its appendages. The courses shall be offered by an institution that is accredited by a regional or professional accreditation organization recognized or approved by the council of postsecondary education or the United States department of education or their successors.

(2) The optometrist shall successfully complete a course in cardiopulmonary resuscitation within twenty-four months before using prescription or nonprescription drugs and shall pass a written and clinical examination approved by the board.

(3) In addition to the requirements of section 12-40-108.5, each therapeutic optometrist shall meet all requirements prescribed by the board before commencing treatment of glaucoma or anterior uveitis.

(4) (a) An optometrist shall not prescribe more than a seven-day supply of an opioid to a patient who has not had an opioid prescription in the last twelve months by that optometrist, 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 optometrist, the patient:

• (I) Has chronic pain that typically lasts longer than ninety days or past the time of normal healing, as determined by the optometrist, or following transfer of care from another optometrist who prescribed an opioid to the patient;

• (II) Has been diagnosed with cancer and is experiencing cancer-related pain; or

• (III) Is experiencing post-surgical pain that, because of the nature of the procedure, is expected to last more than fourteen days.

  • (b) Prior to prescribing the second fill of any opioid prescription pursuant to this section, an optometrist must comply with the requirements of section 12-42.5-404 (3.6). Failure to comply with section 12-42.5-404 (3.6) constitutes unprofessional conduct under section 12-40-118 only if the optometrist repeatedly fails to comply.

  • (c) An optometrist licensed pursuant to this article 40 may prescribe opioids electronically.

  • (d) A violation of this subsection (4) 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.

  • (e) This subsection (4) is repealed, effective September 1, 2021.