(1) A podiatrist licensed under this article may advise the podiatrist's patients of their option to have the symptom or purpose for which a prescription is being issued included on the prescription order.

(2) A podiatrist's failure to advise a patient under subsection (1) of this section shall not be grounds for any disciplinary action against the podiatrist's professional license issued under this article. Failure to advise a patient pursuant to subsection (1) of this section shall not be grounds for any civil action against a podiatrist in a negligence or tort action, nor shall such failure be evidence in any civil action against a podiatrist.

(3) (a) A podiatrist 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 podiatrist, 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 podiatrist, the patient:

(I) Has chronic pain that typically lasts longer than ninety days or past the time of normal healing, as determined by the podiatrist, or following transfer of care from another podiatrist 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 podiatrist 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 12-32-107 only if the podiatrist repeatedly fails to comply.

(c) A podiatrist licensed pursuant to this article 32 may prescribe opioids electronically.

(d) A violation of this subsection (3) 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(e) This subsection (3) is repealed, effective September 1, 2021.