Montana § 37-7-106 Pharmacist Prescribing Authority -- Exception

Montana Statutes

§ 37-7-106 — Pharmacist Prescribing Authority -- Exception

Montana § 37-7-106

Title 37PROFESSIONS AND OCCUPATIONS

Ch. 7PHARMACY

Part 1General

This text of Montana § 37-7-106 (Pharmacist Prescribing Authority -- 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. § 37-7-106 (2026).

Text

37-7-106 . Pharmacist prescribing authority -- exception.

(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 dec

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37-7-106 . Pharmacist prescribing authority -- exception. (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.