reglab/housing_qa huggingface dataset:
MT Code § 37-7-603 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 7. Pharmacy|Part 6. Wholesale Distributors -- Licensing|37-7-603. Prohibited purchase or receipt of drugs -- dispensing and distribution restrictions -- penalty

  37-7-603. Prohibited purchase or receipt of drugs -- dispensing and distribution restrictions -- penalty. (1) Except as otherwise provided, it is unlawful for a person to knowingly purchase or receive a prescription drug from a source other than a person or entity licensed under this part.   (2) Licensed wholesale distributors, third-party logistics providers, manufacturers, and repackagers may not dispense or distribute prescription drugs directly to patients, except when the licensed wholesale distributor is also a licensed pharmacy.   (3) A person who violates the provisions of this section is guilty of a misdemeanor.   History: En. Sec. 4, Ch. 134, L. 1991; amd. Sec. 5, Ch. 33, L. 2017.
MT Code § 37-7-605 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 7. Pharmacy|Part 6. Wholesale Distributors -- Licensing|37-7-605. Out-of-state licensing requirements

  37-7-605. Out-of-state licensing requirements. (1) An out-of-state wholesale distributor, third-party logistics provider, manufacturer, or repackager may not conduct business in this state without first obtaining a license from the board and paying the license fee established by the board.   (2) Application for a license under this section must be made on an approved form.   (3) The issuance of a license may not affect tax liability imposed by the department of revenue on any out-of-state licensee.   (4) A person acting as principal or agent for an out-of-state licensee may not sell or distribute prescription drugs in this state unless the wholesale distributor, third-party logistics provider, manufacturer, or repackager has obtained a license.   History: En. Sec. 6, Ch. 134, L. 1991; amd. Sec. 40, Ch. 467, L. 2005; amd. Sec. 7, Ch. 33, L. 2017; amd. Sec. 23, Ch. 3, L. 2019.
MT Code § 37-7-606 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 7. Pharmacy|Part 6. Wholesale Distributors -- Licensing|37-7-606. Licenses

  37-7-606. Licenses. A license for a wholesale distributor, third-party logistics provider, manufacturer, or repackager is effective during the period specified by department rule.   History: En. Sec. 7, Ch. 134, L. 1991; amd. Sec. 40, Ch. 429, L. 1995; amd. Sec. 12, Ch. 492, L. 1997; amd. Sec. 41, Ch. 467, L. 2005; amd. Sec. 8, Ch. 33, L. 2017.
MT Code § 37-7-607 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 7. Pharmacy|Part 6. Wholesale Distributors -- Licensing|37-7-607. Repealed

  37-7-607. Repealed. Sec. 128, Ch. 429, L. 1995.   History: En. Sec. 8, Ch. 134, L. 1991.
MT Code § 37-7-608 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 7. Pharmacy|Part 6. Wholesale Distributors -- Licensing|37-7-608. Repealed

  37-7-608. Repealed. Sec. 128, Ch. 429, L. 1995.   History: En. Sec. 9, Ch. 134, L. 1991.
MT Code § 37-7-609 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 7. Pharmacy|Part 6. Wholesale Distributors -- Licensing|37-7-609. Board access to records

  37-7-609. Board access to records. Wholesale distributors, third-party logistics providers, manufacturers, and repackagers may keep records at a central location apart from the principal office of the wholesale distributor , third-party logistics provider, manufacturer, and repackager or the location where the drugs are stored and from where they are shipped, if the records are available for inspection within 2 working days of a request by the board. The records may be kept in any form permissible under federal law applicable to prescription drug recordkeeping.   History: En. Sec. 10, Ch. 134, L. 1991; amd. Sec. 9, Ch. 33, L. 2017.
MT Code § 37-7-610 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 7. Pharmacy|Part 6. Wholesale Distributors -- Licensing|37-7-610. Rulemaking authority

  37-7-610. Rulemaking authority. (1) The board shall adopt rules and regulations necessary to carry out the purpose and enforce the provisions of this part, including FDA guidelines and rules pursuant to the Drug Quality and Security Act of 2013, which includes the Drug Supply Chain Security Act, 21 U.S.C. 301, et seq., to implement:   (a) product tracing, reporting, and other requirements compliant with FDA uniform national policy; or   (b) national standards for the licensing of wholesale distributors, third-party logistics providers, manufacturers, and repackagers.   (2) If the rules and regulations conflict with the wholesale distributor, third-party logistics provider, manufacturer, or repackager guidelines or rules promulgated by the FDA, the latter control.   History: En. Sec. 11, Ch. 134, L. 1991; amd. Sec. 10, Ch. 33, L. 2017.
MT Code § 37-7-611 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 7. Pharmacy|Part 6. Wholesale Distributors -- Licensing|37-7-611. Criminal background check for wholesale distributors and third-party logistics providers

  37-7-611. Criminal background check for wholesale distributors and third-party logistics providers. (1) Each applicant for licensure as a wholesale distributor or a third-party logistics provider shall submit a full set of the applicant's fingerprints to the board for the purpose of obtaining a state and federal criminal history background check.   (2) Each license applicant is responsible to pay all fees charged in relation to obtaining the state and federal criminal history background check.   (3) The board may require a licensee renewing a license to submit a full set of the licensee's fingerprints to the board for the purpose of obtaining a state and federal criminal history background check.   (4) The Montana department of justice may share the fingerprint data obtained under subsection (1) or (3) with the federal bureau of investigation.   History: En. Sec. 11, Ch. 33, L. 2017.
MT Code § 37-7-612 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 7. Pharmacy|Part 6. Wholesale Distributors -- Licensing|37-7-612. Bond requirements for wholesale distributors

  37-7-612. Bond requirements for wholesale distributors. An applicant for licensure as a wholesale distributor and all wholesale distributors renewing licenses shall comply with the surety bond requirements as provided in rule.   History: En. Sec. 12, Ch. 33, L. 2017.
MT Code § 37-7-701 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 7. Pharmacy|Part 7. Out-of-State Mail Service Pharmacies|37-7-701. Legislative declaration

  37-7-701. Legislative declaration. The legislature recognizes that with the proliferation of alternate methods of health care delivery, there has arisen among third-party payors and insurance companies the desire to control the cost and use of pharmacy services through a variety of mechanisms, including the use of mail service pharmacies located outside this state. As a result, the legislature finds and declares that to continue to protect the consumer-patients of this state, all out-of-state mail service pharmacies that provide services to this state's residents must be registered with the board, shall disclose specific information about their services, shall meet the same standards for utilization of technicians as an in-state pharmacy, and shall provide pharmacy services at a high level of competence.   History: En. Sec. 2, Ch. 664, L. 1991; amd. Sec. 2, Ch. 300, L. 1993; amd. Sec. 2, Ch. 274, L. 1995.
MT Code § 37-7-702 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 7. Pharmacy|Part 7. Out-of-State Mail Service Pharmacies|37-7-702. Out-of-state mail service pharmacy defined

  37-7-702. Out-of-state mail service pharmacy defined. "Out-of-state mail service pharmacy" means a pharmacy located outside this state that:   (1) ships, mails, or delivers by any lawful means a dispensed legend drug to a resident in this state pursuant to a legally issued prescription;   (2) provides to a resident of this state information on drugs or devices that may include but is not limited to advice relating to therapeutic values, potential hazards, and uses; or   (3) counsels pharmacy patients residing in this state concerning adverse and therapeutic effects of drugs.   History: En. Sec. 3, Ch. 664, L. 1991.
MT Code § 37-7-703 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 7. Pharmacy|Part 7. Out-of-State Mail Service Pharmacies|37-7-703. Registration requirements

  37-7-703. Registration requirements. Each out-of-state mail service pharmacy must be registered with the board of pharmacy. In order to be registered with the board to do business in this state and for the renewal of its registration, an out-of-state mail service pharmacy:   (1) (a) shall submit a certificate from the appropriate licensing authority with which it is currently licensed and in good standing in the state in which its dispensing facilities are located; and   (b) shall comply with all applicable laws, regulations, and standards of that state and the United States and, if requested by the board, provide evidence that it has complied;   (2) shall register with the board and provide information on ownership and location, including the names and titles of the corporate officers, of the out-of-state mail service pharmacy and the identity of a pharmacist licensed in the state in which the pharmacy is located who is in charge of dispensing prescriptions for shipment to Montana from the out-of-state mail service pharmacy;   (3) shall submit a utilization plan for the employment of pharmacy technicians if allowed by the state where the mail service pharmacy is located. If the state in which the pharmacy is located does not establish a ratio of technicians to pharmacists for determining the number of pharmacy technicians or otherwise define the role of the pharmacist in compounding or dispensing drugs at the pharmacy, then the out-of-state mail service pharmacy may not allow a pharmacist to supervise more than one supportive person at any one time in the compounding or dispensing of prescription drugs, unless approved by the board as provided in 37-7-307 through 37-7-309.   (4) shall submit to the board proof of the pharmacist's good standing with the licensing authority in the state where the pharmacist is employed and the pharmacist's written commitment to comply with the utilization plan, if any, for each pharmacist identified under subsection (2) and shall provide to the board the same toll-free telephone service referenced in 37-7-706 in order to comply with all information requests by the board; and   (5) shall pay an initial registration fee and a periodic renewal fee in an amount to be determined by the board and at a time established by the department by rule.   History: En. Sec. 4, Ch. 664, L. 1991; amd. Sec. 3, Ch. 300, L. 1993; amd. Sec. 3, Ch. 274, L. 1995; amd. Sec. 13, Ch. 492, L. 1997.
MT Code § 37-7-704 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 7. Pharmacy|Part 7. Out-of-State Mail Service Pharmacies|37-7-704. Inspections

  37-7-704. Inspections. If the licensing or regulatory agency of the state in which an out-of-state mail service pharmacy is domiciled fails or refuses to inspect the out-of-state mail service pharmacy after receiving a request for an inspection from the board of this state, the board may cancel the out-of-state pharmacy's right to do business in this state unless the out-of-state pharmacy agrees to an onsite inspection by the board of this state.   History: En. Sec. 5, Ch. 664, L. 1991.
MT Code § 37-7-705 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 7. Pharmacy|Part 7. Out-of-State Mail Service Pharmacies|37-7-705. Product selection of prescribed drugs -- notification

  37-7-705. Product selection of prescribed drugs -- notification. (1) An out-of-state mail service pharmacy may not substitute a prescription drug unless the substitution is made in compliance with the laws of this state and the rules and regulations of the board.   (2) An out-of-state mail service pharmacy may not dispense a substitute drug product to a resident of this state without notifying the patient of the substitution either by telephone or in writing.   History: En. Sec. 6, Ch. 664, L. 1991.
MT Code § 37-7-706 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 7. Pharmacy|Part 7. Out-of-State Mail Service Pharmacies|37-7-706. Patient communication -- telephone service

  37-7-706. Patient communication -- telephone service. Every out-of-state mail service pharmacy shall provide a toll-free telephone service, available at least 6 days a week and for 40 hours a week, to facilitate communication as may be required under this part, between patients in this state and a pharmacist who has access to the patients' records at the out-of-state mail service pharmacy. The toll-free telephone number must be affixed to all drug product containers dispensed to patients in this state.   History: En. Sec. 7, Ch. 664, L. 1991.
MT Code § 37-7-707 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 7. Pharmacy|Part 7. Out-of-State Mail Service Pharmacies|37-7-707. through 37-7-709 reserved

  37-7-707 through 37-7-709 reserved.
MT Code § 37-7-710 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 7. Pharmacy|Part 7. Out-of-State Mail Service Pharmacies|37-7-710. Repealed

  37-7-710. Repealed. Sec. 128, Ch. 429, L. 1995.   History: En. Sec. 4, Ch. 300, L. 1993.
MT Code § 37-7-711 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 7. Pharmacy|Part 7. Out-of-State Mail Service Pharmacies|37-7-711. Penalty

  37-7-711. Penalty. In addition to all other penalties provided by law, a person violating 37-7-703 through 37-7-706 shall be fined not more than $250 for each violation.   History: En. Sec. 8, Ch. 664, L. 1991.
MT Code § 37-7-712 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 7. Pharmacy|Part 7. Out-of-State Mail Service Pharmacies|37-7-712. Rulemaking authority

  37-7-712. Rulemaking authority. The board of pharmacy may adopt rules to implement this part.   History: En. Sec. 4, Ch. 274, L. 1995.
MT Code § 37-7-1101 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 7. Pharmacy|Part 11. Peer Review|37-7-1101. Nonliability for peer review

  37-7-1101. Nonliability for peer review. No member, employee, or volunteer intervenor of the Montana pharmaceutical association in its peer review program is liable in damages to any person for any action taken or recommendation made within the scope of the program if the member, employee, or volunteer acts in good faith in accordance with the rules of the association.   History: En. Sec. 1, Ch. 235, L. 1987.
MT Code § 37-7-1401 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 7. Pharmacy|Part 14. Donated Drugs and Devices Program|37-7-1401. Programs for donation of unused prescription drugs, cancer drugs, and devices -- rulemaking required

  37-7-1401. Programs for donation of unused prescription drugs, cancer drugs, and devices -- rulemaking required. (1) The board of pharmacy shall, in consultation and cooperation with the department of public health and human services, create a program for the donation of prescription drugs collected from long-term care facilities to qualified patients.   (2) For the purposes of the program created pursuant to subsection (1), prescription drugs, except those drugs defined as a dangerous drug in 50-32-101 or a drug designated as a precursor to a controlled substance in 50-32-401, unneeded by a resident or former resident of a long-term care facility may be donated by the long-term care facility to a provisional community pharmacy that provides or may provide prescription drugs to individuals who are qualified patients for transfer free of charge or at a reduced charge to those individuals.   (3) This section does not amend or otherwise change the law applicable to the prescribing of prescription drugs, the sale of those drugs, or the licensing of long-term care facilities or pharmacies.   (4) The board of pharmacy shall adopt rules to implement this part. The rules must address:   (a) the collection, receipt, and storage of donated drugs and devices;   (b) the transfer of prescription drugs donated by a long-term care facility to provisional community pharmacies;   (c) which pharmacies may be considered provisional community pharmacies that may sell or give the prescription drugs donated by long-term care facilities to others;   (d) eligibility criteria and other standards and procedures for participants that accept and distribute or dispense donated cancer drugs or devices;   (e) the forms needed for the administration of the donated drug programs;   (f) categories of cancer drugs and devices that the cancer drug repository program will accept for dispensing and categories it will not accept, including the reason that a cancer drug or device will not be accepted;   (g) the price for which the prescription drugs donated by a long-term care facility may be sold; and   (h) the maximum handling fee that may be charged by participants that accept and distribute or dispense a cancer drug or device.   (5) In adopting the rules, the board of pharmacy shall consider the ability of persons to pay for the drugs and the existence and operation of similar programs in other states.   History: En. Sec. 1, Ch. 362, L. 2001; amd. Sec. 5, Ch. 299, L. 2009.
MT Code § 37-7-1402 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 7. Pharmacy|Part 14. Donated Drugs and Devices Program|37-7-1402. Identifying information to be deleted from donated drugs or devices

  37-7-1402. Identifying information to be deleted from donated drugs or devices. A person or entity donating a prescription drug, a cancer drug, or a device pursuant to the programs created under this part shall delete from the container in which the drug or device is held any information by which the person for whom the drug or device was prescribed may be identified.   History: En. Sec. 2, Ch. 362, L. 2001; amd. Sec. 6, Ch. 299, L. 2009.
MT Code § 37-7-1403 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 7. Pharmacy|Part 14. Donated Drugs and Devices Program|37-7-1403. Cancer drug repository program -- donations -- registry

  37-7-1403. Cancer drug repository program -- donations -- registry. (1) The board shall establish a cancer drug repository program for accepting donated cancer drugs and devices and dispensing the drugs and devices to qualified patients. Participation in the program is voluntary.   (2) Any person or entity, including but not limited to a health care facility or the manufacturer of a cancer drug or device, may donate cancer drugs or devices to a participant pursuant to the provisions of 37-7-1403 through 37-7-1405.   (3) The board shall establish and maintain a registry of participants in the cancer drug repository program. The participant registry must:   (a) include the participant's name, address, and telephone number; and   (b) identify whether the participant is a physician's office, pharmacy, hospital, or health clinic.   (4) The board shall make the participant registry available to a person or entity wishing to donate a cancer drug or device to the cancer drug repository program.   History: En. Sec. 1, Ch. 299, L. 2009.
MT Code § 37-7-1404 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 7. Pharmacy|Part 14. Donated Drugs and Devices Program|37-7-1404. Cancer drugs or devices accepted or dispensed -- conditions

  37-7-1404. Cancer drugs or devices accepted or dispensed -- conditions. (1) (a) Unless otherwise prohibited by law, a cancer drug or device may be accepted or dispensed under the cancer drug repository program established under 37-7-1403 if the drug or device is in its original, unopened, sealed, and tamper-evident unit dose packaging.   (b) A cancer drug packaged in single-unit doses may be accepted and dispensed if the outside packaging is opened but the single-unit dose packaging is unopened.   (2) A cancer drug may not be accepted or dispensed under this section if the drug:   (a) bears an expiration date that is earlier than 6 months after the date the drug was donated;   (b) is considered adulterated or misbranded under the provisions of Title 50, chapter 31, part 3; or   (c) is subject to restricted distribution pursuant to 21 CFR 314.520.   (3) Subject to the limitations provided in this section, an unused cancer drug or device dispensed under the medicaid program provided for in Title 53, chapter 6, may be accepted and dispensed under the cancer drug repository program.   (4) A cancer drug or device donated under this program must be stored:   (a) separately from other prescription drugs or stock;   (b) according to the manufacturer's recommended storage conditions; and   (c) in the compounding or dispensing area if stored in a pharmacy.   (5) In dispensing a donated cancer drug or device, a participant shall give first priority to a qualified patient in the participant's service area. Other cancer patients may receive donated cancer drugs or devices if a qualified patient is not available.   (6) A participant shall notify a patient if the patient is receiving a cancer drug or device that has been donated.   History: En. Sec. 2, Ch. 299, L. 2009.
MT Code § 37-7-1405 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 7. Pharmacy|Part 14. Donated Drugs and Devices Program|37-7-1405. Participants -- duties -- fee authorized

  37-7-1405. Participants -- duties -- fee authorized. (1) A participant shall comply with all applicable provisions of state and federal law relating to the storage, distribution, and dispensing of a donated cancer drug or device and shall inspect all donated drugs and devices before dispensing them to determine if they are adulterated or misbranded.   (2) A cancer drug or device may be:   (a) dispensed only pursuant to a prescription issued by a prescriber authorized to prescribe cancer drugs or devices; or   (b) distributed to another participant for dispensing.   (3) A cancer drug or device donated to the cancer drug repository program may not be resold.   (4) A participant may charge a handling fee for distributing or dispensing a cancer drug or device.   (5) A participant shall maintain records of donated drugs and devices and the distribution of the drugs and devices.   (6) (a) For cancer drugs or devices that are donated to the participant, records maintained pursuant to subsection (5) must include but are not limited to the following information:   (i) the date the participant received the cancer drug or device;   (ii) the drug name, strength, and amount;   (iii) the prescription number;   (iv) the expiration date of the drug;   (v) the manufacturer's name and lot number; and   (vi) the name and address of the person or entity donating the drug.   (b) For cancer drugs or devices that are distributed or dispensed by the participant, records maintained pursuant to subsection (5) must include but are not limited to the following information:   (i) the name and address of the receiving person or entity;   (ii) the name, strength, and quantity of the drug;   (iii) the dosage form, if applicable;   (iv) the name and address of the participant who distributed or dispensed the drug or device;   (v) the date the participant distributed or dispensed the drug or device;   (vi) the manufacturer's name and lot number; and   (vii) the expiration date of the drug.   History: En. Sec. 3, Ch. 299, L. 2009.
MT Code § 37-7-1406 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 7. Pharmacy|Part 14. Donated Drugs and Devices Program|37-7-1406. and 37-7-1407 reserved

  37-7-1406 and 37-7-1407 reserved.