Montana Code 37-7-103. Exemptions
37-7-103. Exemptions. Subject to 37-2-104, 37-7-401, and 37-7-402, and except as provided in Title 37, chapter 18, part 8, this chapter does not:
Terms Used In Montana Code 37-7-103
- Board: means the board of pharmacy provided for in 2-15-1733. See Montana Code 37-7-101
- Chemical: means medicinal or industrial substances, whether simple, compound, or obtained through the process of the science and art of chemistry, whether of organic or inorganic origin. See Montana Code 37-7-101
- Commercial purposes: means the ordinary purposes of trade, agriculture, industry, and commerce, exclusive of the practices of medicine and pharmacy. See Montana Code 37-7-101
- Compounding: means the preparation, mixing, assembling, packaging, or labeling of a drug or device based on:
(a)a practitioner's prescription drug order;
(b)a professional practice relationship between a practitioner, pharmacist, and patient;
(c)research, instruction, or chemical analysis, but not for sale or dispensing; or
(d)the preparation of drugs or devices based on routine, regularly observed prescribing patterns. See Montana Code 37-7-101
- Contract: A legal written agreement that becomes binding when signed.
- Controlled substance: means a substance designated in Schedules II through V of Title 50, chapter 32, part 2. See Montana Code 37-7-101
- Department: means the department of labor and industry provided for in Title 2, chapter 15, part 17. See Montana Code 37-7-101
- dispensing: means the interpretation, evaluation, and implementation of a prescription drug order, including the preparation and delivery of a drug or device to a patient or patient's agent in a suitable container appropriately labeled for administration to or use by a patient. See Montana Code 37-7-101
- Medicine: means a remedial agent that has the property of curing, preventing, treating, or mitigating diseases or which is used for this purpose. See Montana Code 37-7-101
- Person: includes an individual, partnership, corporation, association, or other legal entity. See Montana Code 37-7-101
- Pharmacist: means a person licensed by the state to engage in the practice of pharmacy and who may affix to the person's name the term "R. See Montana Code 37-7-101
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
- Wholesale: means a sale for the purpose of resale. See Montana Code 37-7-101
(1)subject a medical practitioner, as defined in 37-2-101, who is not a pharmacist or a person who is licensed in this state to practice veterinary medicine to inspection by the board, prevent the person from compounding or using drugs, medicines, chemicals, or poisons in the person’s practice, or prevent a medical practitioner from furnishing to a patient drugs, medicines, chemicals, or poisons that the person considers proper in the treatment of the patient;
(2)prevent the sale of drugs, medicines, chemicals, or poisons at wholesale;
(3)prevent the sale of drugs, chemicals, or poisons at either wholesale or retail for use for commercial purposes or in the arts;
(4)change any of the provisions of this code relating to the sale of insecticides and fungicides;
(5)prevent the sale of common household preparations and other drugs if the stores selling them are licensed under the terms of this chapter;
(6)apply to or interfere with manufacture, wholesaling, vending, or retailing of flavoring extracts, toilet articles, cosmetics, perfumes, spices, and other commonly used household articles of a chemical nature for use for nonmedicinal purposes;
(7)prevent a registered nurse employed by a family planning clinic under contract with the department of public health and human services from dispensing factory prepackaged contraceptives, other than mifepristone, if the dispensing is in accordance with a physician’s written protocol specifying the circumstances under which dispensing is appropriate and is in accordance with the board’s requirements for labeling, storage, and recordkeeping of drugs; or
(8)prevent a certified agency from possessing, or a certified euthanasia technician or support personnel under the supervision of the employing veterinarian from administering, any controlled substance authorized by the board of veterinary medicine for the purpose of euthanasia pursuant to Title 37, chapter 18, part 6.