§ 37-7-201 — Powers And Duties -- Rulemaking Authority

Montana § 37-7-201

• Jurisdiction: Montana
• Title 37: PROFESSIONS AND OCCUPATIONS
• Ch. 7: PHARMACY
• Part 2: Board of Pharmacy

Text

37-7-201 . Powers and duties -- rulemaking authority. (1) The board shall establish minimum standards for:
(a) necessary pharmacy equipment;
(b) the purity and quality of drugs, devices, and other materials dispensed within the state through the practice of pharmacy, using an official compendium recognized by the board or current practical standards;
(c) facilities, including outsourcing facilities, and the environment, supplies, technical equipment, personnel, and procedures for the storage, compounding, distribution, or dispensing of drugs and devices;
(d) monitoring drug therapy; and
(e) maintaining the integrity and confidentiality of prescription information and other confidential patient information.
(2) The department shall inspect, at reasonable times:
(a) places where drugs, medicines, chemicals, or poisons are sold, vended, given away, compounded, dispensed, distributed, or manufactured; and
(b) the appropriate records and the license of any person engaged in the practice of pharmacy to determine compliance with laws governing the legal dispensing, distribution, or manufacture of drugs or devices or the practice of pharmacy.
(3) The department and the board shall cooperate with all agencies charged with the enforcement of the laws of the United States, other states, or this state relating to drugs, devices, and the practice of pharmacy.
(4) The board shall adopt rules concerning:
(a) the training, qualifications, employment, licensure, and practice of pharmacists and interns;
(b) the training, qualifications, employment, and licensure of pharmacy technicians;
(c) under therapeutic classification, the dispensing, distribution, sale, and labeling of drugs, devices, medicines, chemicals, and poisons;
(d) examining applicants and issuing and renewing licenses of:
(i) applicants whom the board considers qualified under this chapter to practice pharmacy;
(ii) pharmacies and certain stores under this chapter;
(iii) wholesale distributors;
(iv) third-party logistics providers as defined in 37-7-602 ;
(v) persons engaged in the manufacturing, dispensing, or distribution of drugs or devices regarding the practice of pharmacy and authorized under Title 37, chapter 2, Title 50, chapter 31, part 3, Title 50, chapter 32, and this chapter; and
(vi) persons engaged in the dispensing of animal prescription drugs as authorized in Title 37, chapter 18;
(e) in concurrence with the board of medical examiners, defining the additional education, experience, or certification required of a licensed pharmacist to become a certified clinical pharmacist practitioner;
(f) establishing and collecting license and registration fees;
(g) establishing a medical assistance program to assist and rehabilitate licensees who are subject to the jurisdiction of the board and who are found to be physically or mentally impaired by habitual intemperance or the excessive use of addictive drugs, alcohol, or any other drug or substance or by mental illness or chronic physical illness. The board shall ensure that a licensee who is required or volunteers to participate in the medical assistance program as a condition of continued licensure or reinstatement of licensure must be allowed to enroll in a qualified medical assistance program within this state and may not require a licensee to enroll in a qualified treatment program outside the state unless the board finds that there is no qualified treatment program in this state.
(h) requirements and procedures necessary to allow a pharmacy licensed in another jurisdiction to be registered to practice pharmacy by means of telehealth across state lines.
(5) The board may:
(a) establish standards of care for patients concerning health care services that a patient may expect with regard to pharmaceutical care; and
(b) approve pharmacy practice initiatives that improve the quality of or access to pharmaceutical care, but that fall outside the scope of this chapter. This subsection (5)(b) may not be construed to expand on the definition of the practice of pharmacy.

Legislative History

Ap. p. Sec. 644, Pol. C. 1895; re-en. Sec. 1626, Rev. C. 1907; re-en. Sec. 5, Ch. 134, L. 1915; re-en. Sec. 3174, R.C.M. 1921; re-en. Sec. 3174, R.C.M. 1935; amd. Sec. 4, Ch. 175, L. 1939; amd. Sec. 25, Ch. 93, L. 1969; amd. Sec. 3, Ch. 241, L. 1971; amd. Sec. 150, Ch. 350, L. 1974; Sec. 66-1504, R.C.M. 1947; Ap. p. Sec. 646, Pol. C. 1895; re-en. Sec. 1628, Rev. C. 1907; re-en. Sec. 7, Ch. 134, L. 1915; re-en. Sec. 3176, R.C.M. 1921; re-en. Sec. 3176, R.C.M. 1935; amd. Sec. 6, Ch. 175, L. 1939; amd. Sec. 1, Ch. 81, L. 1969; amd. Sec. 4, Ch. 168, L. 1971; amd. Sec. 4, Ch. 241, L. 1971; amd. Sec. 1, Ch. 71, L. 1974; amd. Sec. 152, Ch. 350, L. 1974; amd. Sec. 7, Ch. 533, L. 1977; Sec. 66-1506, R.C.M. 1947; R.C.M. 1947, 66-1504(1), (2)(a) thru (2)(f), (2)(h) thru (2)(j), (3), 66-1506(part); amd. Sec. 4, Ch. 379, L. 1981; amd. Sec. 1, Ch. 134, L. 1991; amd. Sec. 4, Ch. 388, L. 2001; amd. Sec. 3, Ch. 293, L. 2009; amd. Sec. 7, Ch. 122, L. 2011; amd. Sec. 2, Ch. 33, L. 2017; amd. Sec. 4, Ch. 497, L. 2021; amd. Sec. 4, Ch. 726, L. 2025.