MontanaHB 79469th Legislature, Regular Session (2025)HouseWALLET

Revise pharmacy laws

Sponsored By: Curtis Schomer (Republican)

Signed by Governor

Health Care ServicesProfessions and Occupations O-Z

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Bill Overview

Analyzed Economic Effects

14 provisions identified: 7 benefits, 2 costs, 5 mixed.

More covered care in state and university plans

State and Montana university group plans cover more services. Well‑child visits from birth through age 7 have no deductible and include routine shots. Dependents stay on the plan until age 26 at renewal. Diabetes care is stronger: at least twenty 30‑minute training visits at the start, then at least twelve 30‑minute visits each year, plus insulin, monitors, one pump per warranty period, supplies, one oral drug per class, and glucagon kits. Plans also must cover mental health care under state rules and inpatient stays after a mastectomy, lumpectomy, or lymph node removal when the doctor says it is needed. The law also requires coverage for Down syndrome therapies, inborn errors of metabolism, children’s hearing care, fertility preservation, telehealth, and certain eyedrop refills.

Cheaper drug options and local price matching

Pharmacists may substitute a lower‑cost equivalent drug or interchangeable biologic and must tell you so you can refuse. Your prescriber can block substitution by marking medical necessity. If your group plan uses an out‑of‑state mail‑order pharmacy, you can fill at a Montana pharmacy at no extra cost when it matches the mail‑order price and terms. Out‑of‑state mail‑order pharmacies must be registered with the board and in Montana as a foreign corporation.

Broader roles for pharmacists and prescribers

Pharmacists can do more under state law. They can start or change drug therapy under collaborative agreements, prescribe under state rules, compound, and carry out prescriber orders. A pharmacist may get a clinical pharmacist practitioner endorsement to manage drug therapy and order tests under a collaborative practice agreement. More providers count as prescribers, including naturopathic physicians and physician assistants. Pharmacy technicians may do tasks a pharmacist delegates that do not need the pharmacist’s professional judgment.

Health coverage help for public safety families

If a covered peace officer, game warden, firefighter, or volunteer firefighter dies on duty, the spouse or dependents may renew coverage with the same benefits and premiums as similar members. For a law enforcement officer who is catastrophically injured in the line of duty and loses employment, the agency must enroll the officer and covered family in COBRA. Enrolled people have 60 days to opt out. The agency pays the COBRA premium for the first 4 months; after that, the family pays.

More vaccines at your pharmacy

Immunization‑certified pharmacists can give flu shots to people 12+, and pneumococcal and Tdap shots to people 18+, without a doctor agreement. They may give the shingles vaccine to people who meet CDC guidelines. Pharmacists can vaccinate people age 7 and up under CDC guidance if covered in a collaborative practice agreement, and can treat vaccine reactions with epinephrine or diphenhydramine (ages 7–11 only under an agreement). For multi‑dose series, the pharmacist must send a reminder for the next dose, give a signed shot record, report serious reactions, offer reporting to the state registry, and keep records for 7 years (or 7 years after you turn 18). A trained intern or technician may give shots only under a pharmacist’s supervision and with current BLS and accredited hands‑on training.

Stricter licensing and tracing for drug distributors

Wholesale distributors, third‑party logistics providers, manufacturers, and repackagers must follow board and federal rules. They must pay board‑set license fees. They must keep at least two years of records, and maintain storage, insurance, and security. They must list active principals and keep information current. They must follow federal Drug Supply Chain Security Act tracing rules.

Keep coverage after you leave service

Retiring members, certain defined contribution members with at least 5 years of service and age 50, and surviving spouses or children may stay in the group plan until Medicare. Spouses of retired members keep the same continuation rights and may convert a group policy; a spouse may continue even if the spouse is eligible for Medicare. Former legislators and judges who are vested can stay in the plan until Medicare if they give written notice within 90 days after service ends and do not have similar or better other coverage. Anyone who chooses to continue must pay the full premium for themselves and any dependents.

Broader oversight of drug and device supply

The Board now licenses wholesale drug distributors, third‑party logistics providers, and people who dispense animal prescription drugs. Wholesale standards also apply to prescription devices. The law broadens who counts as a manufacturer, including some partners and affiliates. People who only dispense animal‑use products are not treated as dispensers, unless they dispense animal prescription drugs under state law.

New rules for out-of-state and telehealth pharmacies

Any mail‑order pharmacy outside the state that serves residents must register with the Board of Pharmacy. It must share service details and meet the same technician‑use rules as in‑state pharmacies. The Board also sets rules so out‑of‑state pharmacies can register to provide pharmacy care by telehealth across state lines.

Stricter licenses and no patient sales

Drug and device buyers must purchase only from wholesale distributors. Distributors, 3PLs, manufacturers, and repackagers cannot sell or ship directly to patients unless they also hold a dispensing license. Companies must hold the proper state license to act in these roles, and the board may require a separate license for each site. Agents and employees do not need their own wholesale license. State board rules must match FDA rules, and FDA rules control if there is a conflict.

Cancer drug donation program terms

The law defines how a cancer drug donation program works. Approved doctors, pharmacies, hospitals, or clinics can accept donated cancer drugs and dispense them to qualified patients. A qualified patient is uninsured, indigent, or cannot afford needed cancer drugs. Board‑approved provisional community pharmacies, including federally qualified health centers, may dispense to screened patients.

Know cancer screening coverage before enrolling

Before a group plan is issued, the insurer must give you written materials that explain what cancer screenings the plan covers. This helps you compare plans and avoid surprise costs.

Pharmacy techs must be registered

It is illegal to assist in pharmacy practice without registration. People who help in a pharmacy must register with the Board as pharmacy technicians. Pharmacies must use registered technicians.

Wholesale rules aligned with FDA standards

The law updates key definitions to match federal rules. It defines repackagers, adds devices to wholesale rules, and adopts the federal “prescription device” definition. It clarifies what is not “distribution,” defines wholesale as a sale for resale, and recognizes FDA‑registered outsourcing facilities. Compounding now also covers routine prescribing patterns and work by outsourcing facilities.

Sponsors & Cosponsors

Sponsor

Curtis Schomer
Republican • House

Cosponsors

Gregg Hunter
Republican • Senate
Kenneth Bogner
Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 294 • No: 0

Senate vote • 4/18/2025

Do Concur

Yes: 50 • No: 0

Senate vote • 4/17/2025

Do Concur

Yes: 47 • No: 0

House vote • 3/7/2025

Do Pass

Yes: 99 • No: 0

House vote • 3/6/2025