Montana Statutes
§ 37-7-509 — Limitations On Liability
37-7-509 . Limitations on liability.
(1)A pharmacist making a product selection under the provisions of this part assumes no greater responsibility for selecting the dispensed drug product than the pharmacist would incur in filling a prescription for a drug product prescribed by a generic name.
(2)When a pharmacist selects a drug product, the prescriber may not be held liable in an action for loss, damage, injury, or death to a person caused by the use of the selected drug product, except that if the original drug product was incorrectly prescribed, the prescriber is not relieved of liability.
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Legislative History
En. 66-1534 by Sec. 7, Ch. 403, L. 1977; R.C.M. 1947, 66-1534; amd. Sec. 1369, Ch. 56, L. 2009.
Nearby Sections
15
§ 37-7-101
Definitions§ 37-7-102
Practice Subject To Regulation§ 37-7-103
Exemptions§ 37-7-105
Administration Of Immunizations§ 37-7-1101
Nonliability For Peer Review§ 37-7-1401
Programs For Donation Of Unused Prescription Drugs, Cancer Drugs, And Devices -- Rulemaking Required§ 37-7-1405
Participants -- Duties -- Fee Authorized§ 37-7-1406
And 37-7-1407 Reserved§ 37-7-1408
Donated Drugs And Devices -- Immunity§ 37-7-1501
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