37-7-201. Organization — powers and duties. (1) The board shall meet at least once a year to transact its business. The board shall annually elect from its members a president, vice president, and secretary.

Terms Used In Montana Code 37-7-201

  • Board: means the board of pharmacy provided for in 2-15-1733. See Montana Code 37-7-101
  • Clinical pharmacist practitioner: means a licensed pharmacist in good standing who meets the requirements specified in 37-7-306. 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

  • Confidential patient information: means privileged information accessed by, maintained by, or transmitted to a pharmacist in patient records or that is communicated to the patient as part of patient counseling. 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
  • distribution: means the sale, purchase, trade, delivery, handling, storage, or receipt of a drug or device and does not include administering or dispensing a prescription drug, pursuant to section 353(b)(1), or a new animal drug, pursuant to section 360b(b) of the Federal Food, Drug, and Cosmetic Act, 21 U. 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

  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Person: includes an individual, partnership, corporation, association, or other legal entity. See Montana Code 37-7-101
  • Pharmaceutical care: means the provision of drug therapy and other patient care services intended to achieve outcomes related to the cure or prevention of a disease, elimination or reduction of a patient's symptoms, or arresting or slowing of a disease process. 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
  • Practice of pharmacy: means :

    (a)interpreting, evaluating, and implementing prescriber orders;

    (b)administering drugs and devices pursuant to a collaborative practice agreement, except as provided in 37-7-105, and compounding, labeling, dispensing, and distributing drugs and devices, including patient counseling;

    (c)properly and safely procuring, storing, distributing, and disposing of drugs and devices and maintaining proper records;

    (d)prescribing drugs and devices in accordance with 37-7-106;

    (e)monitoring drug therapy and use;

    (f)initiating or modifying drug therapy in accordance with collaborative pharmacy practice agreements established and approved by health care facilities or voluntary agreements with prescribers;

    (g)participating in quality assurance and performance improvement activities;

    (h)providing information on drugs, dietary supplements, and devices to patients, the public, and other health care providers; and

    (i)participating in scientific or clinical research as an investigator or in collaboration with other investigators. See Montana Code 37-7-101

  • Practice pharmacy by means of telehealth: means to provide pharmaceutical care through the use of information technology to patients at a distance. 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
  • United States: includes the District of Columbia and the territories. See Montana Code 1-1-201

(2)The board shall regulate the practice of pharmacy in this state, including but not limited to:

(a)establishing minimum standards for:

(i)equipment necessary in and for a pharmacy;

(ii)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 practical standards;

(iii)specifications for the facilities, including outsourcing facilities, as well as for the environment, supplies, technical equipment, personnel, and procedures for the storage, compounding, or dispensing of drugs and devices;

(iv)monitoring drug therapy; and

(v)maintaining the integrity and confidentiality of prescription information and other confidential patient information;

(b)requesting the department to inspect, at reasonable times:

(i)places where drugs, medicines, chemicals, or poisons are sold, vended, given away, compounded, dispensed, or manufactured; and

(ii)the appropriate records and the license of any person engaged in the practice of pharmacy for the purpose of determining whether any laws governing the legal distribution of drugs or devices or the practice of pharmacy are being violated. The board shall cooperate with all agencies charged with the enforcement of the laws of the United States, other states, or this state relating to drugs, devices, and the practice of pharmacy. It is a misdemeanor for a person to refuse to permit or otherwise prevent the department from entering these places and making an inspection.

(c)regulating:

(i)the training, qualifications, employment, licensure, and practice of interns;

(ii)the training, qualifications, employment, and registration of pharmacy technicians; and

(iii)under therapeutic classification, the sale and labeling of drugs, devices, medicines, chemicals, and poisons;

(d)examining applicants and issuing and renewing licenses of:

(i)applicants whom the board considers qualified under this chapter to practice pharmacy;

(ii)pharmacies and certain stores under this chapter;

(iii)wholesale distributors;

(iv)third-party logistics providers as defined in 37-7-602; and

(v)persons engaged in the manufacture and distribution of drugs or devices;

(e)in concurrence with the board of medical examiners, defining the additional education, experience, or certification required of a licensed pharmacist to become a certified clinical pharmacist practitioner;

(f)issuing certificates of “certified pharmacy” under this chapter;

(g)establishing and collecting license and registration fees;

(h)approving pharmacy practice initiatives that improve the quality of, or access to, pharmaceutical care but that fall outside the scope of this chapter. This subsection (2)(h) may not be construed to expand on the definition of the practice of pharmacy.

(i)establishing a medical assistance program to assist and rehabilitate licensees who are subject to the jurisdiction of the board and who are found to be physically or mentally impaired by habitual intemperance or the excessive use of addictive drugs, alcohol, or any other drug or substance or by mental illness or chronic physical illness. The board shall ensure that a licensee who is required or volunteers to participate in the medical assistance program as a condition of continued licensure or reinstatement of licensure must be allowed to enroll in a qualified medical assistance program within this state and may not require a licensee to enroll in a qualified treatment program outside the state unless the board finds that there is no qualified treatment program in this state.

(j)making rules for the conduct of its business;

(k)performing other duties and exercising other powers as this chapter requires; and

(l)adopting and authorizing the department to publish rules for carrying out and enforcing parts 1 through 7 of this chapter, including but not limited to:

(i)requirements and qualifications for the transfer of board-issued licenses;

(ii)minimum standards for pharmacy internship programs and qualifications for licensing pharmacy interns;

(iii)qualifications and procedures for registering pharmacy technicians; and

(iv)requirements and procedures necessary to allow a pharmacy licensed in another jurisdiction to be registered to practice pharmacy by means of telehealth across state lines.

(3)The board may:

(a)join professional organizations and associations organized exclusively to promote the improvement of standards of the practice of pharmacy for the protection of the health and welfare of the public and whose activities assist and facilitate the work of the board; and

(b)establish standards of care for patients concerning health care services that a patient may expect with regard to pharmaceutical care.

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