Skip to main content
Find a Lawyer

Montana Title 37. Professions and Occupations § 37-7-106. Pharmacist prescribing authority--exception

Current as of January 01, 2024 | Updated by Findlaw Staff

(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.

(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.

Previous Part of Code Next Part of Code
Back to Chapter List

Cite this article: FindLaw.com - Montana Title 37. Professions and Occupations § 37-7-106. Pharmacist prescribing authority--exception - last updated January 01, 2024 | https://codes.findlaw.com/mt/title-37-professions-and-occupations/mt-st-37-7-106/

FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.

Was this helpful?

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw’s Learn About the Law.

Go to Learn About the Law

Latest Blog Posts

For Legal Professionals

Learn About The Law

Get help with your legal needs

FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.

Go to Learn About the Law

Need to Find an Attorney?

Search our directory by legal issue

Enter information in one or both fields (Required)

Copied to clipboard