MontanaHB 79469th Legislature, Regular Session (2025)HouseWALLET

Revise pharmacy laws

Sponsored By: Curtis Schomer (Republican)

Became Law

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Bill Overview

Analyzed Economic Effects

8 provisions identified: 6 benefits, 1 costs, 1 mixed.

Better state worker health coverage and benefits

The law lets eligible state retirees stay on the group health plan until they qualify for Medicare. Defined contribution retirees must have at least 5 years of service and were at least age 50 while employed. Retirees who continue coverage must pay the full premium. If a plan allows mail‑order drugs, members may use a Montana pharmacy that matches the price with no penalty. Plans must cover treatment for metabolic disorders, Down syndrome therapies, children’s hearing care, fertility preservation, mental health care, telehealth, and eyedrop refills. Well‑child care from birth through age 7 has no deductible and includes shots, exams, and screenings. Any mail‑order pharmacy used by the plan must be registered with the state board and with Montana as a foreign corporation.

Stronger rules for out-of-state mail pharmacies

Out‑of‑state mail pharmacies serving Montana must register with the state board, show a current home‑state license, and list owners and the pharmacist in charge. They must provide a toll‑free pharmacist line at least 6 days and 40 hours each week and print the number on containers. If the home state will not inspect the pharmacy after Montana asks, the board may cancel its right to do business unless it agrees to a Montana inspection. The law defines which out‑of‑state pharmacies count as mail service providers for these rules.

Cheaper generics and clear biosimilar rules

Pharmacists may substitute a lower‑cost equivalent drug or an interchangeable biosimilar unless the prescriber says the brand is medically necessary. For biologics, the pharmacist must tell the prescriber which product was dispensed within 5 business days and keep a 2‑year record. Out‑of‑state mail pharmacies must follow Montana substitution rules and must tell the patient before any substitution.

Easier vaccines at your local pharmacy

Immunization‑certified pharmacists can give flu shots to ages 12+ and pneumococcal and Tdap shots to ages 18+ without a collaborative agreement. Herpes zoster shots follow CDC guidance. With a collaborative agreement, pharmacists can vaccinate ages 7+ per CDC schedules. Pharmacists may give epinephrine or diphenhydramine for reactions (ages 12+ without extra agreement; ages 7–11 only under a collaborative agreement). A trained intern or technician may give shots under a pharmacist’s supervision. Pharmacists must give vaccine info sheets, report bad reactions to VAERS and the patient’s doctor, and keep immunization records for 7 years (or 7 years after turning 18).

Safer drug supply chain and licensing

Companies that make, repackage, store, or ship prescription drugs must be licensed by the board and follow FDA and drug‑tracking rules. They must keep records for at least 2 years and maintain security and insurance. Wholesale distributors and logistics firms may not dispense directly to patients unless they also hold a Montana pharmacy license. It is illegal to knowingly buy prescription drugs from an unlicensed source. Only licensed pharmacists may practice, and pharmacy technicians must be registered.

Workers' comp pays generic drug price

For workers’ compensation, the insurer pays only the generic price when a generic is available. You may choose a brand drug, but you must pay the price difference. Pharmacists bill the insurer only for the generic unless they certify the brand was not available. Pharmacies usually may fill only a 30‑day supply; an insurer may allow up to 90 days from an in‑state mail pharmacy. Insurers may not require you to use an out‑of‑state mail pharmacy. The department sets a prescription drug fee schedule.

Drug discounts for lower-income residents

The Department establishes a Prescription Drug Plus discount program for people with income at or below 250% of the federal poverty level. The program uses manufacturer rebates in a state account to expand benefits and to pay pharmacies and program costs. It runs only within available funding and federal law. For at least one year after people start buying through the program, the Department cannot use mail‑order pharmacies. After one year, it may add them if too few retail pharmacies join.

Old pharmacy technician plan rules repealed

The law repeals the old pharmacy technician utilization plan and buyer‑notice requirements. Pharmacies no longer file those plans or pay related approval fees.

Sponsors & Cosponsors

Sponsor

Curtis Schomer
Republican • House

Cosponsors

Gregg Hunter
Republican • Senate
Kenneth Bogner
Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 292 • No: 0

House vote • 4/18/2025

Do Concur

Yes: 50 • No: 0

House vote • 4/17/2025

Do Concur

Yes: 45 • No: 0

House vote • 3/7/2025

Do Pass

Yes: 99 • No: 0

House vote • 3/6/2025