Title 37, Title 37

The board shall provide a report to the children, families, health, and human services interim committee and to the economic affairs interim committee in accordance with 5-11-210, including but not limited to information on: (1) the cost of establishing and maintaining the regist…

A prescriber or an agent of the prescriber shall review a patient's records under the prescription drug registry before the prescriber issues a prescription for an opioid or a benzodiazepine for the patient, unless: (1) the patient is receiving hospice care; (2) the prescription …

(1) The board shall establish minimum standards for: (a) necessary pharmacy equipment; (b) the purity and quality of drugs, devices, and other materials dispensed within the state through the practice of pharmacy, using an official compendium recognized by the board or current pr…

Each member of the board shall receive compensation and travel expenses as provided for in 37-1-133.

It is unlawful for a person to: (1) engage in the practice of pharmacy unless licensed by the board; or (2) assist in the practice of pharmacy unless registered by the board as a pharmacy technician.

(1) To be entitled to examination as a pharmacist, the applicant must be of good moral character and must have graduated and received the first professional undergraduate degree from the school of pharmacy of the university of Montana-Missoula or have received an accredited pharm…

(1) A pharmacist may not practice as a clinical pharmacist practitioner without an endorsement issued under Title 37, chapter 1, and this chapter. (2) An applicant for a clinical pharmacist practitioner endorsement must have: (a) a pharmacist license issued under Title 37, chapte…

The board shall provide for the original certification and renewal by the board of every pharmacy doing business in this state. On presentation of evidence satisfactory to the board, on application on a prescribed form, and on the payment of an original certification fee prescrib…

It is unlawful for a person to carry on, conduct, or transact a retail business under a name which contains as a part of the business the words "pharmacy", "apothecary", "drug store", or "chemist shop" or any abbreviation, translation, extension, or variation of those terms or in…

Fines paid under this chapter, except those paid to a justice's court, and fees collected by the department for registration and licenses issued under this chapter shall be deposited in the state special revenue fund for the use of the board, subject to 37-1-101(6).

(1) An authorized prescriber may not sell, give to, or prescribe for any person any opium, morphine, alkaloid-cocaine, alpha or beta eucaine, codeine, heroin, or any derivative, mixture, or preparation of any of them, except to a patient believed in good faith to require opium, m…

Any person found guilty of the violation of 37-7-401 shall be punished for each separate offense (and each and every individual case shall constitute a separate offense) by a fine of not less than $50 or more than $500 or by imprisonment in the county jail for a period of not les…

(1) The board may by rule set standards for the provision of prospective drug utilization review information from a pharmacist to a patient before a prescription is dispensed to the patient or the patient's representative. The review may include, when applicable, an appropriate l…

(1) (a) Except as provided in subsection (2), a pharmacy may not dispense a controlled substance to a potential recipient without first positively identifying the recipient by means of a valid driver's license, a school district or postsecondary education photo identification, a …

This part may be cited as the "Montana Drug Product Selection Act".

As used in this part, the following definitions apply: (1) "Bioavailability" means the extent and rate of absorption from a dosage form as reflected by the time-concentration curve of the administered drug in the systemic circulation. (2) "Bioequivalent" means a chemical equivale…

The board of pharmacy may adopt, amend, or repeal rules necessary for the implementation, continuation, and enforcement of this part in accordance with the Montana Administrative Procedure Act.

No person may substitute a drug product different from the one ordered or deviate in any manner from the requirements of an order or prescription, except as provided in this part.

(1) Except as limited by subsection (2) and unless instructed otherwise by the purchaser: (a) a pharmacist who receives a prescription for a specific drug product by brand or proprietary name may select a less expensive drug product with the same generic name, strength, quantity,…

(1) A pharmacist selecting a less expensive drug product must pass on to the purchaser the full amount of the savings realized by the product selection. In no event may the pharmacist charge a different professional fee for dispensing a different drug product than the drug produc…

The selection of a drug product by a registered pharmacist under the provisions of this part does not constitute the practice of medicine.

(1) A pharmacist making a product selection under the provisions of this part assumes no greater responsibility for selecting the dispensed drug product than the pharmacist would incur in filling a prescription for a drug product prescribed by a generic name. (2) When a pharmacis…

This part applies to the wholesale distribution, third-party logistics, manufacturing, or repackaging of prescription drugs or devices in this state. The purpose of this part is to implement the federal Prescription Drug Marketing Act of 1987 and the Drug Quality and Security Act…

As used in this part, the following definitions apply: (1) (a) "Dispenser" means a retail pharmacy, a hospital pharmacy, a group of chain pharmacies under common ownership and control that do not act as a wholesale distributor, or any other person authorized by law to dispense or…

(1) Except as otherwise provided, it is unlawful for a person to knowingly purchase or receive a prescription drug or device from a source other than a person or entity engaged in wholesale distribution. (2) Licensed wholesale distributors, third-party logistics providers, manufa…

(1) A person or distribution outlet may not act as a wholesale distributor, third-party logistics provider, manufacturer, or repackager unless licensed under Title 37, chapter 1, and this chapter. (2) An applicant for initial licensure or license renewal as a wholesale distributo…

(1) An out-of-state wholesale distributor, third-party logistics provider, manufacturer, or repackager may not conduct business in this state without first obtaining a license from the board and paying the license fee established by the board. (2) Application for a license under …

A license for a wholesale distributor, third-party logistics provider, manufacturer, or repackager is effective during the period specified by department rule.

Wholesale distributors, third-party logistics providers, manufacturers, and repackagers may keep records at a central location apart from the principal office of the wholesale distributor , third-party logistics provider, manufacturer, and repackager or the location where the dru…

(1) The board shall adopt rules and regulations necessary to carry out the purpose and enforce the provisions of this part, including FDA guidelines and rules pursuant to the Drug Quality and Security Act of 2013, which includes the Drug Supply Chain Security Act, 21 U.S.C. 301, …

(1) Each applicant for licensure as a wholesale distributor or a third-party logistics provider shall submit a full set of the applicant's fingerprints to the board for the purpose of obtaining a state and federal criminal history background check. (2) Each license applicant is r…

An applicant for licensure as a wholesale distributor and all wholesale distributors renewing licenses shall comply with the surety bond requirements as provided in rule.

The legislature recognizes that with the proliferation of alternate methods of health care delivery, there has arisen among third-party payors and insurance companies the desire to control the cost and use of pharmacy services through a variety of mechanisms, including the use of…

"Out-of-state mail order pharmacy" means a pharmacy located outside this state that: (1) ships, mails, or delivers by any lawful means a dispensed legend drug to a resident in this state pursuant to a legally issued prescription; (2) provides to a resident of this state informati…

(1) Each out-of-state mail order pharmacy must be registered under Title 37, chapter 1, and this chapter. (2) To register or to renew its registration, an out-of-state mail order pharmacy shall: (a) submit a certificate from the appropriate licensing authority with which it is cu…

If the licensing or regulatory agency of the state in which an out-of-state mail order pharmacy is domiciled fails or refuses to inspect the out-of-state mail order pharmacy after receiving a request for an inspection from the board of this state, the board may cancel the out-of-…

(1) An out-of-state mail order pharmacy may not substitute a prescription drug unless the substitution is made in compliance with the laws of this state and the rules and regulations of the board. (2) An out-of-state mail order pharmacy may not dispense a substitute drug product …

Every out-of-state mail order pharmacy shall provide a toll-free telephone service, available at least 6 days a week and for 40 hours a week, to facilitate communication as may be required under this part, between patients in this state and a pharmacist who has access to the pati…

The board of pharmacy may adopt rules to implement this part.

To safeguard life and health, a person practicing or offering to practice: (1) professional nursing in this state shall submit evidence that the person is qualified to practice and is licensed as provided in this chapter; (2) practical nursing in this state shall submit evidence …

Unless the context requires otherwise, in this chapter, the following definitions apply: (1) "Advanced practice registered nurse" means a registered professional nurse who has completed educational requirements related to the nurse's specific practice role, in addition to basic n…

(1) This chapter may not be construed as prohibiting: (a) gratuitous nursing by friends or members of the family; (b) incidental care of the sick by domestic servants or persons primarily employed as housekeepers; (c) nursing assistance in the case of an emergency; (d) the practi…

(1) The board shall: (a) meet annually and elect from among the members a president and a secretary; (b) hold other meetings when necessary to transact its business; (c) prescribe standards for schools preparing persons for registration and licensure under this chapter; (d) provi…

Each member of the board shall receive compensation and travel expenses as provided in 37-1-133.

(1) The department shall hire an executive director to provide services to the board in connection with the board's duties of: (a) prescribing curricula and standards for nursing schools and making surveys of and approving schools and courses; (b) evaluating and approving courses…

An institution desiring to conduct a nursing education program in the state shall apply to the department and submit evidence that it is prepared to carry out an educational program that complies with the provisions of this chapter and the rules adopted by the board pursuant to t…