Montana Administrative Code

24.174.1424 SCHEDULE V DANGEROUS DRUGS (REPEALED) Authorizing statute(s): 50-32-103, MCA Implementing statute(s): 50-32-103, MCA History: NEW, 2012 MAR p. 896, Eff. 4/27/12; REP, 2015 MAR p. 1491, Eff. 9/25/15.

24.174.1501 PARTICIPATION AND REGISTRATION A pharmacy or facility may fully participate in the cancer drug repository program by accepting, storing and dispensing, or administering donated drugs and supplies, or may limit its participation to only accepting and storing donated dr…

24.174.1502 DONATION OF CANCER DRUGS (REPEALED) (REPEALED) Authorizing statute(s): 37-7-1401, MCA Implementing statute(s): 37-7-1401, 37-7-1403, MCA History: NEW, 2010 MAR p. 2968, Eff. 12/24/10; REP, 2024 MAR p. 2219, Eff. 9/21/24.

24.174.1503 ACCEPTABLE AND NONACCEPTABLE CANCER DRUGS The following categories of cancer drugs are acceptable for dispensing or distribution under the program, if in compliance with 37-7-1404, MCA, the cancer drug: is in its original, unopened, sealed, and tamper-evident packagin…

24.174.1504 NONACCEPTABLE CANCER DRUGS (REPEALED) (REPEALED) Authorizing statute(s): 37-7-1401, MCA Implementing statute(s): 37-7-1401, 37-7-1404, 37-7-1405, MCA History: NEW, 2010 MAR p. 2968, Eff. 12/24/10; REP, 2024 MAR p. 2219, Eff. 9/21/24.

24.174.1505 DISPENSING AND DISTRIBUTION OF CANCER DRUGS A pharmacy or facility must comply with all applicable provisions of state and federal law relating to the storage, distribution, and dispensing of donated cancer drugs. Cancer drugs may only be dispensed pursuant to a presc…

24.174.1506 STORAGE AND RECORD-KEEPING REQUIREMENTS The pharmacy or facility that receives donated cancer drugs for dispensing or distribution must: ensure the proper and secure storage of cancer drugs donated to the program; and maintain the inventory of donated cancer drugs sep…

24.174.1507 RECORD-KEEPING REQUIREMENTS (REPEALED) (REPEALED) Authorizing statute(s): 37-7-1401, MCA Implementing statute(s): 37-7-1401, 37-7-1405, MCA History: NEW, 2010 MAR p. 2968, Eff. 12/24/10; REP, 2024 MAR p. 2219, Eff. 9/21/24.

24.174.1508 HANDLING FEE (REPEALED) (REPEALED) Authorizing statute(s): 37-7-1401, MCA Implementing statute(s): 37-7-1401, 37-7-1405, MCA History: NEW, 2010 MAR p. 2968, Eff. 12/24/10; REP, 2024 MAR p. 2219, Eff. 9/21/24.

24.174.1509 PHARMACY OR FACILITY REGISTRY (REPEALED) (REPEALED) Authorizing statute(s): 37-7-1401, MCA Implementing statute(s): 37-7-1401, 37-7-1403, MCA History: NEW, 2010 MAR p. 2968, Eff. 12/24/10; REP, 2024 MAR p. 2219, Eff. 9/21/24.

24.174.1510 INSPECTIONS AND TERMINATION FROM PROGRAM (REPEALED) (REPEALED) Authorizing statute(s): 37-7-1401, MCA Implementing statute(s): 37-7-1401, MCA History: NEW, 2010 MAR p. 2968, Eff. 12/24/10; REP, 2024 MAR p. 2219, Eff. 9/21/24.

24.174.1601 MEDICAL ASSISTANCE PROGRAM PURPOSE (REPEALED) (REPEALED) Authorizing statute(s): 37-7-201, MCA Implementing statute(s): 37-7-201, MCA History: NEW, 2012 MAR p. 896, Eff. 4/27/12; REP, 2024 MAR p. 2219, Eff. 9/21/24.

24.174.1602 REPORTING OF SUSPECTED IMPAIRMENT (REPEALED) (REPEALED) Authorizing statute(s): 37-7-201, MCA Implementing statute(s): 37-7-201, MCA History: NEW, 2012 MAR p. 896, Eff. 4/27/12; REP, 2024 MAR p. 2219, Eff. 9/21/24.

24.174.1603 PROTOCOL FOR SELF-REPORTING TO A PROFESSIONAL ASSISTANCE PROGRAM If a licensee or license applicant chooses to self-report to the assistance program, and the program has determined that the licensee or license applicant needs assistance or supervision, the licensee or…

24.174.1604 RESPONSIBILITIES OF PROFESSIONAL ASSISTANCE PROGRAM The professional assistance program established by the board as set forth in 37-7-201, MCA, shall: provide two tracks for assistance of licensees: a disciplinary track; and a nondisciplinary track; provide recommenda…

24.174.1605 PROTOCOL FOR DISCIPLINARY TRACK All licensees who participate in the assistance program under the disciplinary track shall be reported to the board by name. A licensee or license applicant is placed in the disciplinary track by one or more of the following: as a condi…

24.174.1606 PROTOCOL FOR NONDISCIPLINARY TRACK A licensee or license applicant who participates in the medical assistance program under the nondisciplinary track shall be reported to the board by participant number. The identity of the participant who is noncompliant or refuses a…

24.174.1607 REPORTING TO THE BOARD (REPEALED) (REPEALED) Authorizing statute(s): 37-7-201, MCA Implementing statute(s): 37-7-201, MCA History: NEW, 2012 MAR p. 896, Eff. 4/27/12; REP, 2024 MAR p. 2219, Eff. 9/21/24.

24.174.1608 PARTICIPANT DISCHARGE REQUIREMENTS (REPEALED) (REPEALED) Authorizing statute(s): 37-7-201, MCA Implementing statute(s): 37-7-201, MCA History: NEW, 2012 MAR p. 896, Eff. 4/27/12; REP, 2024 MAR p. 2219, Eff. 9/21/24.

24.174.1609 RELAPSE REPORTING (REPEALED) (REPEALED) Authorizing statute(s): 37-1-131, 37-7-201, MCA Implementing statute(s): 37-1-131, 37-7-201, MCA History: NEW, 2012 MAR p. 896, Eff. 4/27/12; REP, 2024 MAR p. 2219, Eff. 9/21/24.

24.174.1701 DEFINITIONS "Authorized user" means a prescriber, pharmacist, Board of Pharmacy staff, Montana Medicare or Medicaid programs, Tribal Health, Indian Health Service, and Veterans Affairs. "Authorized agent" means a designated person authorized access by an authorized us…

24.174.1702 REQUIREMENTS FOR SUBMITTING PRESCRIPTION REGISTRY INFORMATION TO THE BOARD All prescription information for controlled substances shall be submitted to the board pursuant to this subchapter. Each facility licensed by the board as a community pharmacy or as an out-of-s…

24.174.1703 ELECTRONIC FORMAT REQUIRED FOR THE TRANSMISSION OF INFORMATION (REPEALED) (REPEALED) Authorizing statute(s): 37-7-1512, MCA Implementing statute(s): 37-7-1503, 37-7-1512, MCA History: NEW, 2012 MAR p. 506, Eff. 3/9/12; AMD, 2022 MAR p. 1842, Eff. 9/24/22; REP, 2024 MA…

24.174.1704 REQUIREMENTS FOR SUBMITTING PRESCRIPTION REGISTRY INFORMATION TO THE BOARD (REPEALED) (REPEALED) Authorizing statute(s): 37-7-1512, MCA Implementing statute(s): 37-7-1503, 37-7-1512, MCA History: NEW, 2012 MAR p. 506, Eff. 3/9/12; AMD, 2015 MAR p. 302, Eff. 3/27/15; A…

24.174.1705 FAILURE TO REPORT PRESCRIPTION INFORMATION (REPEALED) (REPEALED) Authorizing statute(s): 37-1-319, 37-7-1512, MCA Implementing statute(s): 37-1-312, 37-7-1513, MCA History: NEW, 2012 MAR p. 506, Eff. 3/9/12; REP, 2024 MAR p. 2219, Eff. 9/21/24.

24.174.1706 REGISTRY INFORMATION REVIEW AND UNSOLICITED PATIENT PROFILES The board or their designee(s) may review and compile information contained in the registry to identify evidence of possible misuse or diversion of controlled substances. Registered prescribers and pharmacis…

24.174.1708 ACCESS TO PRESCRIPTION DRUG REGISTRY INFORMATION The following persons may have direct online access to prescription drug registry information: licensed practitioners having authority to prescribe prescription drugs, or that practitioner's authorized agent, for the pu…

24.174.1709 REGISTRY INFORMATION RETENTION Patient information contained in the registry shall be destroyed three years after the original date of submission of the information to the registry. Pursuant to 37-7-1508, MCA, a government entity or law enforcement agency may request …

24.174.1711 ADVISORY GROUP The board shall establish a prescription drug registry advisory group, to provide information and recommendations about the development, operation, enhancement, and clinical application of the prescription drug registry. Authorizing statute(s): 37-7-151…

24.174.1712 PRESCRIPTION DRUG REGISTRY FEE Every person licensed under Title 37, MCA, to prescribe or dispense prescription drugs shall pay a fee to the board for the purpose of establishing and maintaining the prescription drug registry. The fee is considered a renewal fee and s…

24.174.1713 RELEASE OF PRESCRIPTION DRUG REGISTRY INFORMATION TO OTHER ENTITIES (REPEALED) (REPEALED) Authorizing statute(s): 37-7-1512, MCA Implementing statute(s): 37-7-1506, MCA History: NEW, 2012 MAR p. 506, Eff. 3/9/12; REP, 2024 MAR p. 2219, Eff. 9/21/24.

24.174.1715 INTERSTATE EXCHANGE OF REGISTRY INFORMATION (REPEALED) (REPEALED) Authorizing statute(s): 37-7-1512, MCA Implementing statute(s): 37-7-1506, MCA History: NEW, 2012 MAR p. 506, Eff. 3/9/12; REP, 2024 MAR p. 2219, Eff. 9/21/24.

24.174.1801 QUALIFICATIONS FOR DISPENSER REGISTRATION An applicant for a registration to dispense drugs as a medical practitioner, pursuant to 37-2-104, MCA, shall: be a licensed medical practitioner as defined in 37-2-101(8), MCA, or a naturopathic physician as defined in 37-2-1…

24.174.1802 DISPENSING REQUIREMENTS A dispenser registrant shall: create a written or electronic prescription drug order for each drug dispensed and maintain such information in the patient's chart or record, pursuant to ARM 24.174.831, and 37-7-101(43) and 50-31-307, MCA, which …

24.174.1803 DISPENSER RECORDKEEPING REQUIREMENTS A registrant shall keep readily retrievable at each dispensing location records of dispensing and inventory, pursuant to ARM 24.174.833: a copy of the registrant's dispenser license; a record of each final verification check by the…

24.174.1901 VETERINARY RETAIL FACILITY LICENSE REQUIREMENTS Applicants for licensure as a veterinary retail facility must: submit a completed application form; pay the required application fee or renewal fee; designate a registered veterinary dispensing technician as person-in-ch…

24.174.1902 VETERINARY RETAIL FACILITY REQUIREMENTS A veterinary retail facility may dispense veterinary prescription drugs as defined in 37-18-801, MCA, upon receipt of a Montana licensed veterinarian's prescription, standing order, or other order for use in livestock. Drugs mus…

24.174.2001 DEVICE, DURABLE MEDICAL EQUIPMENT, AND MEDICAL GAS SUPPLIER LICENSURE REQUIREMENTS FOR A NON-PHARMACY FACILITY A facility must obtain a device facility license from the board when the facility exclusively dispenses products that are devices, durable medical equipment …

24.174.2002 DEVICE NON-PHARMACY FACILITY REQUIREMENTS In-state device facilities shall be inspected by the board and the board reserves the right to inspect out-of-state device facilities for cause. Out-of-state device facilities must comply with the following: be a legal entity …

24.174.201 PROCEDURAL RULES The Board of Pharmacyadopts and incorporates the procedural rules of the Department of Labor and Industry as listed in chapter 2 of this title. Authorizing statute(s): 2-4-201, MCA Implementing statute(s): 2-4-201, MCA History: Eff. 12/31/72; AMD, Eff.…

24.174.202 PUBLIC PARTICIPATION The Board of Pharmacyadopts and incorporatesthe public participation rules of the Department ofLabor and Industryas listed in chapter 2 of this title. Authorizing statute(s): 2-3-103, MCA Implementing statute(s): 2-3-103, MCA History: Eff. 12/31/72…

24.174.2101 PHARMACIES - ANNUAL RENEWAL (REPEALED) Authorizing statute(s): 37-7-201, MCA Implementing statute(s): 37-7-321, MCA History: NEW, Eff. 3/21/55; AMD, 1980 MAR p. 126, Eff. 1/18/80; AMD, 1980 MAR p. 970, Eff. 3/14/80; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L…

24.174.2102 PHARMACY TECHNICIAN - RENEWAL (REPEALED) Authorizing statute(s): 37-7-201, MCA Implementing statute(s): 37-1-141, 37-7-201, MCA History: NEW, 2002 MAR p. 86, Eff. 1/18/02; AMD, 2010 MAR p. 74, Eff. 1/15/10; REP, 2019 MAR p. 1633, Eff. 9/21/19.

24.174.2103 RENEWALS (REPEALED) Authorizing statute(s): 37-1-319, 37-7-201, MCA Implementing statute(s): 37-1-131, 37-1-141, 37-1-306, 37-7-201, MCA History: NEW, 1978 MAR p. 1740, Eff. 12/29/78; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1998 M…

24.174.2104 REGISTERED PHARMACIST CONTINUING EDUCATION - REQUIREMENTS The nationally accepted measurement of continuing education, the continuing education unit (CEU), will be the measurement employed by the board. Ten hours of approved continuing education credit equal one CEU. …

24.174.2105 REGISTERED PHARMACIST CONTINUING EDUCATION -SUBJECTS Continuing pharmaceutical education will include, but will not be limited to, appropriate professional post graduate education in any of the following subjects: properties and actions of drugs and dosage forms; etio…

24.174.2106 REGISTERED PHARMACIST CONTINUING EDUCATION - APPROVED PROGRAMS Continuing education programs sponsored by providers that are approved by the following organizations will automatically qualify for continuing education credit: the American Council on Pharmaceutical Educ…

24.174.2107 REGISTERED PHARMACIST CONTINUING EDUCATION - NONCOMPLIANCE (REPEALED) Authorizing statute(s): 37-1-319, MCA Implementing statute(s): 37-1-141, 37-1-306, MCA History: NEW, 1978 MAR p. 1740, Eff. 12/29/78; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff.…

24.174.2108 ADMINISTRATIVE SUSPENSION The board authorizes the department to: administratively suspend licenses for deficiencies set forth in 0370-0010-0030-0210.html" target="MCA" style="text-decoration:none">37-1-321(1)(a) though (e), MCA; or file a complaint pertaining to the …

24.174.2301 UNPROFESSIONAL CONDUCT The board defines "unprofessional conduct" as follows: engaging in any activity which violates state and federal statutes and rules governing the practice of pharmacy; dispensing an outdated or questionable product; dispensing a cheaper product …