Montana Code 37-7-1503. Prescription drug registry — registration and reporting requirements
37-7-1503. Prescription drug registry — registration and reporting requirements. (1) Each person licensed under Title 37 to prescribe or dispense prescription drugs shall register to use the prescription drug registry at the time of initial licensure or renewal of licensure.
Terms Used In Montana Code 37-7-1503
- Board: means the board of pharmacy provided for in 2-15-1733. 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
- 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
- Prescription drug: means any drug that is required by federal law or regulation to be dispensed only by a prescription subject to section 353(b) of the Federal Food, Drug, and Cosmetic Act, 21 U. See Montana Code 37-7-101
- Prescription drug order: means an order from a prescriber for a drug or device that is communicated directly or indirectly by the prescriber to the furnisher by means of a signed order, by electronic transmission, in person, or by telephone. See Montana Code 37-7-101
- Registry: means the prescription drug registry provided for in 37-7-1502. See Montana Code 37-7-101
(2)(a) Except as provided in subsection (2)(b), each entity licensed by the board as a certified pharmacy or as an out-of-state mail order pharmacy that dispenses drugs to patients in Montana shall provide prescription drug order information for controlled substances to the registry by:
(i)electronically transmitting the information in a format established by the board unless the board has granted a waiver allowing the information to be submitted in a nonelectronic manner; and
(ii)submitting the information in accordance with time limits set by the board unless the board grants an extension because:
(A)the pharmacy has suffered a mechanical or electronic failure or cannot meet the deadline for other reasons beyond its control; or
(B)the board is unable to receive electronic submissions.
(b)This subsection (2) does not apply to:
(i)a prescriber who dispenses or administers drugs to the prescriber’s patients; or
(ii)a prescription drug order for a controlled substance dispensed to a person who is hospitalized.