Montana § 37-2-102 Practices Declared Unlawful Between Drug Companies And Medical Practitioners -- Exception

Montana Statutes

§ 37-2-102 — Practices Declared Unlawful Between Drug Companies And Medical Practitioners -- Exception

Montana § 37-2-102

Title 37PROFESSIONS AND OCCUPATIONS

Ch. 2GENERAL PROVISIONS RELATING TO HEALTH CARE PRACTITIONERS

Part 1Prescribing and Dispensing of Drugs

This text of Montana § 37-2-102 (Practices Declared Unlawful Between Drug Companies And Medical Practitioners -- Exception) is published on Counsel Stack Legal Research, covering Montana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mont. Code Ann. § 37-2-102 (2026).

Text

37-2-102 . Practices declared unlawful between drug companies and medical practitioners -- exception.

(1)Except as provided in subsection (2), it is unlawful:

(a)for a drug company to give or sell to a medical practitioner any legal or beneficial interest in the company or in the income of the company with the intent or for the purpose of inducing the medical practitioner to prescribe to patients the drugs of the company. The giving or selling of an interest by the company to a medical practitioner without the interest first having been publicly offered to the general public is prima facie evidence of the intent or purpose.

(b)for a medical practitioner to acquire or own a legal or beneficial interest in any drug company, provided it is not unlawful for a medical practitioner to acquire

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37-2-102 . Practices declared unlawful between drug companies and medical practitioners -- exception. (1) Except as provided in subsection (2), it is unlawful:
(a) for a drug company to give or sell to a medical practitioner any legal or beneficial interest in the company or in the income of the company with the intent or for the purpose of inducing the medical practitioner to prescribe to patients the drugs of the company. The giving or selling of an interest by the company to a medical practitioner without the interest first having been publicly offered to the general public is prima facie evidence of the intent or purpose.
(b) for a medical practitioner to acquire or own a legal or beneficial interest in any drug company, provided it is not unlawful for a medical practitioner to acquire or own an interest solely for investment, and the acquisition of an interest that is publicly offered to the general public is prima facie evidence of its acquisition solely for investment; or
(c) for a medical practitioner to solicit or to knowingly receive from a drug company or for a drug company to pay or to promise to pay to a medical practitioner any rebate, refund, discount, commission, or other valuable consideration for, on account of, or based upon the volume of wholesale or retail sales, at any place, of drugs manufactured, processed, packaged, or distributed by the company.
(2) Subsection (1)(c) does not prohibit a pharmacy licensed under Title 37, chapter 7, from undertaking activities allowed under Title 37, chapter 7.