Montana Statutes

§ 37-7-509 — Limitations On Liability

Montana·Title 37 PROFESSIONS AND OCCUPATIONS·Ch. 7 PHARMACY·Part 5 Drug Product Selection

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.

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