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

Montana Statutes

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

Montana·Title 37 PROFESSIONS AND OCCUPATIONS·Ch. 7 PHARMACY·Part 1 General

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.

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