(1) A licensed dentist is authorized to prescribe drugs or medicine; perform surgical operations; administer, pursuant to board rules, local anesthesia, analgesia including nitrous oxide/oxygen inhalation, medication prescribed or administered for the relief of anxiety or apprehension, minimal sedation, moderate sedation, deep sedation, or general anesthesia; and use appliances as necessary to the proper practice of dentistry. A dentist shall not prescribe, distribute, or give to any person, including himself or herself, any habit-forming drug or any controlled substance, as defined in section 18-18-102 (5) or as contained in schedule II of 21 U.S.C. sec. 812, other than in the course of legitimate dental practice and pursuant to the rules promulgated by the board regarding controlled substance record keeping.

(2) (a) A dentist 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 dentist, 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 dentist, the patient:

(I) Has chronic pain that typically lasts longer than ninety days or past the time of normal healing, as determined by the dentist, or following transfer of care from another dentist 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, a dentist 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 grounds for discipline under section 12-35-129 only if the dentist repeatedly fails to comply.

(c) A dentist licensed pursuant to this article 35 may prescribe opioids electronically.

(d) A violation of this subsection (2) 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(e) This subsection (2) is repealed, effective September 1, 2021.