reglab/housing_qa huggingface dataset:
MT Code § 37-7-1408 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 7. Pharmacy|Part 14. Donated Drugs and Devices Program|37-7-1408. Donated drugs and devices -- immunity

  37-7-1408. Donated drugs and devices -- immunity. (1) A resident or former resident of a long-term care facility and the long-term care facility donating a prescription drug, a cancer drug, or a device as part of the programs created pursuant to this part are not liable for simple negligence in the donation of a drug or device if the requirements of this part and the rules implementing this part have been complied with.   (2) Except as provided in subsection (3):   (a) a person or entity, including the manufacturer of a cancer drug or device that exercises reasonable care in donating, accepting, distributing, or dispensing a cancer drug or device under the provisions of 37-7-1403 through 37-7-1405 and rules adopted by the board, is immune from civil or criminal liability or professional disciplinary action of any kind for an injury, death, or loss to a person or property relating to the accepting, distributing, or dispensing of the cancer drug or device;   (b) a person or entity, unless directly negligent, is not liable for the negligence or lack of care of other persons or entities and is entitled to the immunity of this part.   (3) (a) The donation of a cancer drug or device by the manufacturer of the drug or device does not absolve the manufacturer from criminal or civil liability or increase a liability that would have existed had the drug or device not been donated.   (b) The civil immunity provisions of subsection (2) do not apply to a person employed by or an entity operated by the state or a political subdivision of the state.   History: En. Sec. 3, Ch. 362, L. 2001; amd. Sec. 7, Ch. 299, L. 2009.
MT Code § 37-7-1501 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 7. Pharmacy|Part 15. Prescription Drug Registry|37-7-1501. Short title

  37-7-1501. Short title. This part may be cited as the "Montana Patient Safety Act".   History: En. Sec. 1, Ch. 241, L. 2011.
MT Code § 37-7-1502 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 7. Pharmacy|Part 15. Prescription Drug Registry|37-7-1502. Prescription drug registry -- purpose

  37-7-1502. Prescription drug registry -- purpose. (1) The board shall establish and maintain a prescription drug registry for the purpose of improving patient safety by:   (a) making a list of controlled substances prescribed to a patient available to the patient or to the patient's health care provider; and   (b) allowing authorized staff of the board who have signed appropriate confidentiality agreements to review the registry for possible misuse and diversion of controlled substances.   (2) The board shall electronically collect information on prescription drug orders involving controlled substances pursuant to 37-7-1503 and shall disseminate information as provided in 37-7-1504 through 37-7-1506.   History: En. Sec. 3, Ch. 241, L. 2011.
MT Code § 37-7-1503 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 7. Pharmacy|Part 15. Prescription Drug Registry|37-7-1503. Prescription drug registry -- registration and reporting requirements

  37-7-1503. Prescription drug registry -- registration and reporting requirements. (1) Each person licensed under Title 37 to prescribe or dispense prescription drugs shall register to use the prescription drug registry at the time of initial licensure or renewal of licensure.   (2) (a) Except as provided in subsection (2)(b), each entity licensed by the board as a certified pharmacy or as an out-of-state mail order pharmacy that dispenses drugs to patients in Montana shall provide prescription drug order information for controlled substances to the registry by:   (i) electronically transmitting the information in a format established by the board unless the board has granted a waiver allowing the information to be submitted in a nonelectronic manner; and   (ii) submitting the information in accordance with time limits set by the board unless the board grants an extension because:   (A) the pharmacy has suffered a mechanical or electronic failure or cannot meet the deadline for other reasons beyond its control; or   (B) the board is unable to receive electronic submissions.   (b) This subsection (2) does not apply to:   (i) a prescriber who dispenses or administers drugs to the prescriber's patients; or   (ii) a prescription drug order for a controlled substance dispensed to a person who is hospitalized.   History: En. Sec. 4, Ch. 241, L. 2011; amd. Sec. 5, Ch. 89, L. 2019; amd. Sec. 2, Ch. 130, L. 2019.
MT Code § 37-7-1504 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 7. Pharmacy|Part 15. Prescription Drug Registry|37-7-1504. Prescription drug registry review

  37-7-1504. Prescription drug registry review. The board may review the information in the registry for possible misuse and diversion of controlled substances prescribed and dispensed to a patient. The board may provide information about possible misuse or diversion to prescribers and dispensers as allowed by rule.   History: En. Sec. 5, Ch. 241, L. 2011.
MT Code § 37-7-1505 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 7. Pharmacy|Part 15. Prescription Drug Registry|37-7-1505. Confidentiality

  37-7-1505. Confidentiality. Patient information that is collected, recorded, transmitted, and stored for the registry is protected and may not be disclosed except as allowed in 37-7-1506. The board shall adopt rules to protect the confidentiality of the registry and to ensure that only authorized individuals have access to the registry.   History: En. Sec. 6, Ch. 241, L. 2011.
MT Code § 37-7-1507 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 7. Pharmacy|Part 15. Prescription Drug Registry|37-7-1507. Prescription drug registry -- immunity

  37-7-1507. Prescription drug registry -- immunity. (1) A person or entity that complies with the reporting requirements of 37-7-1503 is not subject to civil liability or other legal or equitable relief for reporting the information to the board.   (2) Unless a court of competent jurisdiction finds that a person or entity committed an unlawful act pursuant to 37-7-1513, a person or entity in proper possession of information pursuant to this part is not subject to civil liability or other legal or equitable relief for any of the following acts or omissions:   (a) furnishing information pursuant to 37-7-1502 through 37-7-1506;   (b) receiving, using or relying on, or not using or relying on information received pursuant to 37-7-1502 through 37-7-1506; or   (c) relying on information that was entered into the registry in error, was factually incorrect, or was released by the board to the wrong person or entity.   (3) The immunity provisions of this section do not apply to the board, a state agency, or any political subdivision of the state.   History: En. Sec. 8, Ch. 241, L. 2011.
MT Code § 37-7-1508 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 7. Pharmacy|Part 15. Prescription Drug Registry|37-7-1508. Registry information retention -- destruction

  37-7-1508. Registry information retention -- destruction. The board shall retain the information collected for the registry for up to 3 years, as established by rule. After 3 years, the board shall destroy the information unless it is being used as part of an active investigation.   History: En. Sec. 9, Ch. 241, L. 2011.
MT Code § 37-7-1509 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 7. Pharmacy|Part 15. Prescription Drug Registry|37-7-1509. Administration of prescription drug registry

  37-7-1509. Administration of prescription drug registry. The board may hire or contract for other professional, technical, or clerical staff as necessary to operate the registry. A contractor shall comply with the provisions regarding confidentiality of prescription information in 37-7-1505 and 37-7-1506 and is subject to the penalties specified in 37-7-1513 for unlawful acts.   History: En. Sec. 10, Ch. 241, L. 2011.
MT Code § 37-7-1510 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 7. Pharmacy|Part 15. Prescription Drug Registry|37-7-1510. Prescription drug registry -- advisory group

  37-7-1510. Prescription drug registry -- advisory group. (1) The board shall establish an advisory group to provide information and advice about the development and operation of the registry, including but not limited to information on:   (a) the criteria for reporting information from the registry to prescribers and pharmacists;   (b) the design and implementation of educational courses about the registry;   (c) standards for evaluating the effectiveness of the registry; and   (d) administrative rules for establishing and maintaining the registry.   (2) The advisory group consists of but is not limited to representatives of:   (a) health care licensing boards that oversee health care providers who have authority to prescribe or dispense drugs;   (b) associations that represent health care professionals who have authority to prescribe or dispense drugs;   (c) associations that advocate for patients;   (d) entities involved in tribal health services or issues; and   (e) the department of justice provided for in 2-15-2001.   (3) The advisory group may identify other individuals for appointment to the group.   (4) The board shall establish rules for the conduct of advisory group business.   (5) The advisory group may not receive or access confidential health care information contained in the registry.   History: En. Sec. 11, Ch. 241, L. 2011.
MT Code § 37-7-1511 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 7. Pharmacy|Part 15. Prescription Drug Registry|37-7-1511. Prescription drug registry -- funding

  37-7-1511. Prescription drug registry -- funding. (1) Each person licensed under Title 37 to prescribe or dispense prescription drugs shall pay to the board an annual, nonrefundable fee that is set by rule commensurate with costs.   (2) The board may apply for any available grants and may accept gifts, grants, or donations to assist in establishing and maintaining the registry.   (3) Funds collected pursuant to this part must be deposited into a state special revenue account to the credit of the department. The money must be used to defray the expenses of the board in establishing and maintaining the registry and in discharging its administrative and regulatory duties under this part.   History: En. Sec. 12, Ch. 241, L. 2011; amd. Sec. 1, Ch. 357, L. 2015; amd. Sec. 4, Ch. 130, L. 2019.
MT Code § 37-7-1512 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 7. Pharmacy|Part 15. Prescription Drug Registry|37-7-1512. Rulemaking authority

  37-7-1512. Rulemaking authority. The board shall adopt rules to carry out and enforce this part, including but not limited to rules that:   (1) specify the type of information to be reported on prescription drug orders involving controlled substances;   (2) establish the requirements for transmitting from a pharmacy to the board prescription drug order information involving controlled substances;   (3) define the electronic format for submission of information;   (4) define the circumstances under which a pharmacy may receive a waiver from the requirement to submit information electronically;   (5) specify the procedure through which a pharmacy may request an extension of the time limit for submitting information;   (6) establish how a person or entity authorized to receive information from the registry may submit a request for the information;   (7) specify the ways in which the board may use records involving requests for registry information to document and report on statistics involving the registry;   (8) set the fees to be charged for establishing and maintaining the registry; and   (9) establish confidentiality provisions to ensure that the privacy of patient information is maintained.   History: En. Sec. 13, Ch. 241, L. 2011.
MT Code § 37-7-1513 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 7. Pharmacy|Part 15. Prescription Drug Registry|37-7-1513. Unlawful acts -- sanctions -- civil penalties

  37-7-1513. Unlawful acts -- sanctions -- civil penalties. (1) A pharmacist who fails to submit prescription drug order information to the board as required by 37-7-1503 or who willfully submits incorrect prescription drug order information must be referred to the board for consideration of administrative sanctions.  (2) A person or entity authorized to possess registry information pursuant to 37-7-1504 through 37-7-1506 who willfully discloses or uses the registry information in violation of 37-7-1504 through 37-7-1506 or a rule adopted pursuant to this part must be referred to the appropriate licensing board or regulatory agency for consideration of administrative sanctions.   (3) In addition to the administrative sanction provided in subsection (2), a person or entity who willfully discloses or uses information from the registry in violation of 37-7-1504 through 37-7-1506 or a rule adopted pursuant to this part is liable for a civil penalty of up to $10,000 for each violation.   (4) The board may institute and maintain in the name of the state any enforcement proceedings under this section. Upon request of the department, the attorney general shall petition the district court to impose, assess, and recover the civil penalty.   (5) An action under subsection (3) or to enforce this part or a rule adopted under this part may be brought in the district court of any county where a violation occurs.   (6) Civil penalties collected pursuant to this part must be deposited into the state special revenue account created pursuant to 37-7-1511 and must be used to defray the expenses of the board in establishing and maintaining the registry and in discharging its administrative and regulatory duties in relation to this part.   History: En. Sec. 14, Ch. 241, L. 2011; amd. Sec. 17, Ch. 535, L. 2021.
MT Code § 37-7-1514 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 7. Pharmacy|Part 15. Prescription Drug Registry|37-7-1514. Report to legislature

  37-7-1514. Report to legislature. The board shall provide a report to the children, families, health, and human services interim committee and to the economic affairs interim committee in accordance with 5-11-210, including but not limited to information on:  (1) the cost of establishing and maintaining the registry;   (2) any grants, gifts, or donations received to assist in establishing and maintaining the registry;   (3) how registry information was used; and   (4) how quickly the board was able to answer requests for information from the registry.   History: En. Sec. 15, Ch. 241, L. 2011; amd. Sec. 69, Ch. 261, L. 2021.
MT Code § 37-7-1515 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 7. Pharmacy|Part 15. Prescription Drug Registry|37-7-1515. Mandatory use of prescription drug registry

  37-7-1515. Mandatory use of prescription drug registry. A prescriber or an agent of the prescriber shall review a patient's records under the prescription drug registry before the prescriber issues a prescription for an opioid or a benzodiazepine for the patient, unless:  (1) the patient is receiving hospice care;   (2) the prescription is for a number of doses that is intended to last the patient 7 days or less and cannot be refilled;   (3) the prescription drug is lawfully administered to the patient in a health care facility;   (4) due to an emergency, it is not possible to review the patient's records under the registry before the prescriber issues a prescription for the patient;   (5) the patient is being treated for chronic pain and the prescriber reviews the patient's records under the prescription drug registry every 3 months; or   (6) it is not possible to review the patient's records under the registry because the registry is not operational or because of other technological failure if the failure is reported to the board.   History: En. Sec. 3, Ch. 89, L. 2019.
MT Code § 37-8-101 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 8. Nursing|Part 1. General|37-8-101. Purpose

  37-8-101. Purpose. To safeguard life and health, a person practicing or offering to practice:   (1) professional nursing in this state shall submit evidence that the person is qualified to practice and is licensed as provided in this chapter;   (2) practical nursing in this state shall submit evidence that the person is qualified to practice and is licensed as provided in this chapter;   (3) as a medication aide in this state shall submit evidence that the person is qualified to practice and is licensed as provided in this chapter.   History: En. Sec. 1, Ch. 243, L. 1953; amd. Sec. 1, Ch. 291, L. 1967; R.C.M. 1947, 66-1221(part); amd. Sec. 1, Ch. 448, L. 2003; amd. Sec. 28, Ch. 126, L. 2005.
MT Code § 37-8-201 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 8. Nursing|Part 2. Board of Nursing|37-8-201. Seal -- board records public -- legal counsel

  37-8-201. Seal -- board records public -- legal counsel. (1) The board shall have a seal which shall be used to authenticate its acts. The seal shall have inscribed the words "Board of Nursing--Official Seal" and a device or legend designated by the board.   (2) The records and files of the board kept by the department are at all times open to public inspection.   (3) The attorney general is the attorney and legal counsel for the board, but the department may, with the approval of the attorney general, appoint additional legal counsel to assist the board and department in the administration and enforcement of this chapter.   History: En. Sec. 3, Ch. 243, L. 1953; amd. Sec. 115, Ch. 350, L. 1974; R.C.M. 1947, 66-1223; amd. Sec. 6, Ch. 248, L. 1981.
MT Code § 37-8-203 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 8. Nursing|Part 2. Board of Nursing|37-8-203. Compensation of members -- expenses

  37-8-203. Compensation of members -- expenses. Each member of the board shall receive compensation and travel expenses as provided in 37-1-133.   History: En. Sec. 6, Ch. 243, L. 1953; amd. Sec. 117, Ch. 350, L. 1974; amd. Sec. 3, Ch. 180, L. 1975; amd Sec. 31, Ch. 439, L. 1975; R.C.M. 1947, 66-1226; amd. Sec. 13, Ch. 474, L. 1981.
MT Code § 37-8-204 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 8. Nursing|Part 2. Board of Nursing|37-8-204. Executive director

  37-8-204. Executive director. (1) The department shall hire an executive director to provide services to the board in connection with the board's duties of:   (a) prescribing curricula and standards for nursing schools and making surveys of and approving schools and courses;   (b) evaluating and approving courses for affiliation of student nurses; and   (c) reviewing qualifications of applicants for licensure.   (2) The department shall hire as the executive director an individual who:   (a) is a graduate of an approved school of nursing and who has at least a master's degree with postgraduate courses in nursing;   (b) is licensed as a registered professional nurse in Montana; and   (c) has experience in teaching or administration in an approved school of nursing and who has completed at least 3 years in the clinical practice of nursing.   History: En. Sec. 19, Ch. 243, L. 1953; amd. Sec. 126, Ch. 350, L. 1974; amd. Sec. 6, Ch. 180, L. 1975; R.C.M. 1947, 66-1239(3); amd. Sec. 2, Ch. 83, L. 1981; amd. Sec. 4, Ch. 584, L. 1993; amd. Sec. 17, Ch. 492, L. 2001; amd. Sec. 44, Ch. 467, L. 2005.
MT Code § 37-8-301 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 8. Nursing|Part 3. Schools of Nursing|37-8-301. Nursing education programs -- application for approval

  37-8-301. Nursing education programs -- application for approval. An institution desiring to conduct a nursing education program in the state shall apply to the department and submit evidence that it is prepared to carry out an educational program that complies with the provisions of this chapter and the rules adopted by the board pursuant to this section. The board shall adopt rules relating to the conduct of nursing education programs that are directed toward insuring qualifications to practice as a professional nurse or a practical nurse in those areas of service specified in 37-8-102.   History: En. Sec. 18, Ch. 243, L. 1953; amd. Sec. 125, Ch. 350, L. 1974; R.C.M. 1947, 66-1238; amd. Sec. 8, Ch. 248, L. 1981.
MT Code § 37-8-302 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 8. Nursing|Part 3. Schools of Nursing|37-8-302. Nursing education programs -- survey and approval

  37-8-302. Nursing education programs -- survey and approval. (1) It is the duty of the department through its authorized employees or representatives to periodically survey all nursing education programs. Written reports of such surveys shall be submitted to the board. If, in the opinion of the board, the requirements for an approved nursing education program are met, the program shall be granted initial or continuing approval.   (2) If the board determines that any approved nursing education program is not maintaining the standards required by law and the rules established by the board, notice shall be given to the nursing education program specifying the areas of noncompliance. A program that fails to correct these areas of noncompliance within the time designated by the board shall be removed from the list of approved nursing education programs.   History: En. Sec. 19, Ch. 243, L. 1953; amd. Sec. 126, Ch. 350, L. 1974; amd. Sec. 6, Ch. 180, L. 1975; R.C.M. 1947, 66-1239(1), (2); amd. Sec. 9, Ch. 248, L. 1981.
MT Code § 37-8-401 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 8. Nursing|Part 4. Licensing|37-8-401. Unlawful to indicate licensure without valid license

  37-8-401. Unlawful to indicate licensure without valid license. It shall be unlawful for any person to use any title, abbreviation, sign, card, or device to indicate that such person is a registered professional nurse or a licensed practical nurse unless such person has been duly licensed under the provisions of this chapter, and the license of such person shall be valid and in force in compliance with the provisions of this chapter.   History: En. Sec. 1, Ch. 243, L. 1953; amd. Sec. 1, Ch. 291, L. 1967; R.C.M. 1947, 66-1221(part).
MT Code § 37-8-402 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 8. Nursing|Part 4. Licensing|37-8-402. through 37-8-404 reserved

  37-8-402 through 37-8-404 reserved.
MT Code § 37-8-405 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 8. Nursing|Part 4. Licensing|37-8-405. Professional nursing -- qualifications of applicants for license

  37-8-405. Professional nursing -- qualifications of applicants for license. An applicant for a license to practice as a registered professional nurse shall submit to the department written evidence that the applicant:   (1) has successfully completed at least an approved 4-year high school course of study or the equivalent as determined by the office of the superintendent of public instruction;   (2) has completed the basic professional curriculum in an approved school of nursing and holds a diploma from that school; and   (3) meets other qualification requirements the board prescribes.   History: En. Sec. 7, Ch. 243, L. 1953; amd. Sec. 118, Ch. 350, L. 1974; R.C.M. 1947, 66-1227; amd. Sec. 3, Ch. 84, L. 1983; amd. Sec. 13, Ch. 502, L. 2007.