37-2-108. (Temporary) Restriction on prescriptions for opioid-naive patients — exceptions. (1) Except as provided in subsection (2), when a medical practitioner or a naturopathic physician authorized to prescribe an opioid prescribes an opioid to an opioid-naive patient on an outpatient basis, the prescription may not be for more than a 7-day supply.

Terms Used In Montana Code 37-2-108

  • Medical practitioner: means any person licensed by the state of Montana to engage in:

    (a)the practice of medicine, dentistry, osteopathy, podiatry, or optometry;

    (b)the practice of pharmacy and authorized to:

    (i)prescribe immunizations pursuant to 37-7-105; or

    (ii)prescribe drugs pursuant to 37-7-106 or in accordance with a collaborative pharmacy practice agreement; or

    (c)a nursing specialty as described in 37-8-202 and in the licensed practice to administer or prescribe drugs. See Montana Code 37-2-101

  • Naturopathic physician: means a person licensed under Title 37, chapter 26, to practice naturopathic health care. See Montana Code 37-2-101
  • Opioid: has the meaning of "opiate" provided in 50-32-101. See Montana Code 37-2-101
  • Opioid-naive patient: means a patient who has not been prescribed a drug containing an opioid in the 90 days prior to the acute event or surgery for which an opioid is prescribed. See Montana Code 37-2-101

(2)The restriction imposed under subsection (1) does not apply if:

(a)in the professional medical judgment of the medical practitioner or naturopathic physician, a prescription for more than a 7-day supply is necessary to treat chronic pain, pain associated with cancer, or pain experienced while the patient is in palliative care; or

(b)the opioid being prescribed is designed for the treatment of opioid abuse or dependence, including but not limited to opioid agonists and opioid antagonists. (Terminates June 30, 2025–sec. 8, Ch. 89, L. 2019.)