Montana Code 37-7-106. Pharmacist prescribing authority — exception
37-7-106. Pharmacist prescribing authority — exception. (1) A pharmacist may prescribe a drug or device for a legitimate medical purpose as allowed under this section for a person with whom the pharmacist has a patient-prescriber relationship.
Terms Used In Montana Code 37-7-106
- Collaborative pharmacy practice: means the practice of pharmacy by a pharmacist who has agreed to work in conjunction with one or more prescribers, on a voluntary basis and under protocol, and who may perform certain patient care functions under certain specified conditions or limitations authorized by the prescriber. See Montana Code 37-7-101
- Controlled substance: means a substance designated in Schedules II through V of Title 50, chapter 32, part 2. See Montana Code 37-7-101
- Drug: means a substance:
(a)recognized as a drug in any official compendium or supplement;
(b)intended for use in diagnosis, cure, mitigation, treatment, or prevention of disease in humans or animals;
(c)other than food, intended to affect the structure or function of the body of humans or animals; and
(d)intended for use as a component of a substance specified in subsection (16)(a), (16)(b), or (16)(c). 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
- Pharmacy: means an established location, either physical or electronic, registered by the board where drugs or devices are dispensed with pharmaceutical care or where pharmaceutical care is provided. See Montana Code 37-7-101
(2)A pharmacist shall establish the patient-prescriber relationship through a documented patient evaluation that is adequate to:
(a)establish diagnoses, if the drug or device is being prescribed pursuant to subsection (3)(b); and
(b)identify underlying conditions and contraindications to the treatment.
(3)A pharmacist’s prescribing authority is limited to drugs and devices that are prescribed for conditions that:
(a)do not require a new diagnosis; or
(b)(i) are minor and generally self-limiting;
(ii)are diagnosed by or for which clinical decisions are made using a test that is waived under the federal clinical laboratory improvement amendments of 1988; or
(iii)are patient emergencies.
(4)A pharmacist may:
(a)prescribe only the drugs or devices for which the pharmacist is educationally prepared and for which competency has been achieved and maintained; and
(b)bill only for assessment services that were necessary, based on the pharmacist’s professional judgment, for the pharmacist’s decision to prescribe a drug or device pursuant to this section.
(5)A pharmacist may not prescribe a controlled substance or an abortion-inducing drug as that term is defined in 50-20-703.
(6)A pharmacist prescribing a drug or device pursuant to this section shall:
(a)recognize the limits of the pharmacist’s knowledge and experience and consult with and refer to other health care providers as appropriate; and
(b)maintain documentation sufficient to justify the care provided, including but not limited to the:
(i)information collected as part of the patient record;
(ii)prescription record;
(iii)provider notification; and
(iv)follow-up care plan.
(7)This section does not apply to a pharmacist who is operating within a collaborative pharmacy practice agreement.