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LB 931: Provide requirements for opiate and controlled substance prescriptions

Effective July 19, 2018

When prescribing an opiate for a patient younger than 19 years of age for outpatient use for an acute condition, the prescription cannot be written for more than a 7-day supply; unless, in the professional medical judgment of the practitioner, more than a 7-day supply of an opiate is required.

A longer prescription is allowed to treat such patient’s medical condition or chronic pain management, or pain associated with a cancer diagnosis or for palliative care. 

  • The practitioner may issue a prescription for the quantity needed to treat such patient’s medical condition or pain and document the medical condition triggering the prescription of more than a 7-day supply of an opiate in the patient’s medical record and shall indicate that a non-opiate alternative was not appropriate to address the medical condition. 
  • If the practitioner has not previously prescribed an opiate for such patient, the practitioner shall discuss with a parent or guardian of such patient the risks associated with use of opiates and the reasons why the prescription is necessary.

Prior to the first prescriptions for an opiate and again if a third prescription is issued, opiate prescribers must now discuss certain information with the patient or patient’s parent or guardian, including risks of addiction and overdose, reasons why the practitioner deems the prescription necessary, and alternative treatments that may be available. Practitioners are NOT required to make note of this required discussion in the patient’s medical record. 

Persons taking receipt of dispensed schedule II, III and IV opiates must provide valid identification prior to taking receipt of the prescription, unless the person picking up the medication is personally and positively known to the pharmacist or dispensing practitioner. An exception is provided for patients who reside in a licensed healthcare facility.