Montana Code 37-7-308. Preparation and approval of utilization plan — revocation of or refusal to renew plan — contested case hearing
37-7-308. Preparation and approval of utilization plan — revocation of or refusal to renew plan — contested case hearing. (1) A supervising pharmacist shall:
Terms Used In Montana Code 37-7-308
- Board: means the board of pharmacy provided for in 2-15-1733. 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
- Pharmacy technician: means an individual who assists a pharmacist in the practice of pharmacy. See Montana Code 37-7-101
- Utilization plan: means a plan under which a pharmacist may use the services of a pharmacy technician in the practice of pharmacy to perform tasks that:
(a)do not require the exercise of the pharmacist's independent professional judgment; and
(b)are verified by the pharmacist. See Montana Code 37-7-101
(a)prepare the utilization plan and submit a summary of the plan to the board for approval;
(b)keep on file in the pharmacy a copy of the utilization plan for inspection by the board; and
(c)annually review the utilization plan and provide documentation to the board that the plan accurately reflects the current use of the services of a pharmacy technician or auxiliary.
(2)The board shall refuse to approve or shall revoke or fail to renew approval of a utilization plan if it does not conform to the provisions of 37-7-307 through 37-7-309 and rules adopted under those sections.
(3)One year after the board revokes approval of a utilization plan, the supervising pharmacist may reapply for approval by complying with the requirements of 37-7-307 through 37-7-309 and with rules adopted under those sections.
(4)Before refusing to approve or before revoking or failing to renew approval of a utilization plan, the board shall provide the supervising pharmacist a reasonable time in which to supply additional information demonstrating compliance with the requirements of 37-7-307 through 37-7-309 and with rules adopted under those sections and the opportunity to request a hearing.
(5)If a supervising pharmacist requests a hearing, the board shall conduct the hearing in accordance with the contested case procedures in Title 2, chapter 4, part 6.