reglab/housing_qa huggingface dataset:
MT Code § 37-7-401 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 7. Pharmacy|Part 4. Prescriptions Regulated -- Review -- Counseling -- Identification|37-7-401. Restrictions on prescriptions

  37-7-401. Restrictions on prescriptions. (1) An authorized prescriber may not sell, give to, or prescribe for any person any opium, morphine, alkaloid-cocaine, alpha or beta eucaine, codeine, heroin, or any derivative, mixture, or preparation of any of them, except to a patient believed in good faith to require opium, morphine, alkaloid-cocaine, alpha or beta eucaine, codeine, heroin, or any derivative, mixture, or preparation of the enumerated substances for medical use and in quantities proportioned to the needs of the patient.   (2) A prescription must be written so that the prescription can be compounded by any registered pharmacist. The coding of any prescription is a violation of this section.   (3) A prescription marked "non repetatur", "non rep", or "N.R." cannot be refilled. A prescription marked to be refilled may be filled by any registered pharmacist the number of times marked on the prescription. A prescription not bearing any refill instructions may not be refilled without first obtaining permission from the prescriber. A prescription may not be refilled for more than 1 year from the date the prescription was originally written. A Schedule II prescription may not be refilled.   History: En. Sec. 2, Ch. 11, L. 1911; re-en. Sec. 3187, R.C.M. 1921; re-en. Sec. 3187, R.C.M. 1935; amd. Sec. 2, Ch. 33, L. 1951; R.C.M. 1947, 66-1514; amd. Sec. 10, Ch. 379, L. 1981; amd. Sec. 17, Ch. 97, L. 1989; amd. Sec. 2, Ch. 444, L. 1989; amd. Sec. 10, Ch. 388, L. 2001; amd. Sec. 27, Ch. 126, L. 2005.
MT Code § 37-7-402 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 7. Pharmacy|Part 4. Prescriptions Regulated -- Review -- Counseling -- Identification|37-7-402. Penalty for violation of provisions on sale or prescription of opiates, coding, refilling

  37-7-402. Penalty for violation of provisions on sale or prescription of opiates, coding, refilling. Any person found guilty of the violation of 37-7-401 shall be punished for each separate offense (and each and every individual case shall constitute a separate offense) by a fine of not less than $50 or more than $500 or by imprisonment in the county jail for a period of not less than 60 days or more than 100 days or by both such fine and imprisonment.   History: En. Sec. 3, Ch. 11, L. 1911; re-en. Sec. 3188, R.C.M. 1921; re-en. Sec. 3188, R.C.M. 1935; R.C.M. 1947, 66-1515.
MT Code § 37-7-403 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 7. Pharmacy|Part 4. Prescriptions Regulated -- Review -- Counseling -- Identification|37-7-403. Repealed

  37-7-403. Repealed. Sec. 8, Ch. 247, L. 1983.   History: En. Sec. 1, Ch. 11, L. 1935; re-en. Sec. 3185.1, R.C.M. 1935; amd. Sec. 155, Ch. 350, L. 1974; R.C.M. 1947, 66-1511.
MT Code § 37-7-404 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 7. Pharmacy|Part 4. Prescriptions Regulated -- Review -- Counseling -- Identification|37-7-404. Repealed

  37-7-404. Repealed. Sec. 8, Ch. 247, L. 1983.   History: En. Sec. 2, Ch. 11, L. 1935; re-en. Sec. 3185.2, R.C.M. 1935; amd. Sec. 156, Ch. 350, L. 1974; R.C.M. 1947, 66-1512.
MT Code § 37-7-405 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 7. Pharmacy|Part 4. Prescriptions Regulated -- Review -- Counseling -- Identification|37-7-405. Repealed

  37-7-405. Repealed. Sec. 8, Ch. 247, L. 1983.   History: En. Sec. 3, Ch. 11, L. 1935; re-en. Sec. 3185.3. R.C.M. 1935; R.C.M. 1947, 66-1513.
MT Code § 37-7-406 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 7. Pharmacy|Part 4. Prescriptions Regulated -- Review -- Counseling -- Identification|37-7-406. Standards for prospective drug utilization review and patient counseling

  37-7-406. Standards for prospective drug utilization review and patient counseling. (1) The board may by rule set standards for the provision of prospective drug utilization review information from a pharmacist to a patient before a prescription is dispensed to the patient or the patient's representative. The review may include, when applicable, an appropriate level of screening for potential drug therapy problems due to therapeutic duplication, drug disease contraindications, drug interactions, incorrect drug dosage or duration of drug treatment, drug-allergy interactions, and clinical abuse or misuse.   (2) Under the standards provided for in this section, the pharmacist should offer to discuss those matters that, in the pharmacist's professional judgment, the pharmacist considers significant to the patient's safe and proper use of the prescribed drug. The patient counseling should encompass the topics set forth in 42 U.S.C. 1396r-8 of the Social Security Act and administrative rules established by the board.   (3) Communications between a pharmacist and a patient pursuant to the standards provided for in this section constitute health care information for the purposes of Title 50, chapter 16, part 5.   (4) Standards established by the board under this section apply to all patients seen by a pharmacist or to categories of patients as the board may designate. However, standards provided for in this section may not apply to inpatients of a health care facility in which a nurse or other licensed health care professional is authorized to administer the prescribed drug.   History: En. Sec. 1, Ch. 664, L. 1991; amd. Sec. 11, Ch. 388, L. 2001.
MT Code § 37-7-407 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 7. Pharmacy|Part 4. Prescriptions Regulated -- Review -- Counseling -- Identification|37-7-407. Penalty

  37-7-407. Penalty. In addition to all other penalties provided by law, a person violating 37-7-406 shall be fined not more than $250 for each violation.   History: En. Sec. 8, Ch. 664, L. 1991.
MT Code § 37-7-408 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 7. Pharmacy|Part 4. Prescriptions Regulated -- Review -- Counseling -- Identification|37-7-408. and 37-7-409 reserved

  37-7-408 and 37-7-409 reserved.
MT Code § 37-7-410 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 7. Pharmacy|Part 4. Prescriptions Regulated -- Review -- Counseling -- Identification|37-7-410. Positive identification required

  37-7-410. Positive identification required. (1) (a) Except as provided in subsection (2), a pharmacy may not dispense a controlled substance to a potential recipient without first positively identifying the recipient by means of a valid driver's license, a school district or postsecondary education photo identification, a tribal photo identification, or other identification allowed by the board by rule.   (b) Documentation of the recipient's identification must be permanently linked to the record of the dispensed controlled substance and must include:   (i) a copy of the identification presented; or   (ii) a record that includes:   (A) the recipient's name;   (B) the type of identification presented and the unique identification number; and   (C) the government entity that issued the identification.   (2) Positive identification is not required if:   (a) the controlled substance is dispensed directly to the patient and:   (i) the filled prescription is delivered to the patient or the patient's health care provider; or   (ii) the patient is being treated at a health care facility or is housed in a correctional facility; or   (b) the potential recipient of the controlled substance is personally and positively known by a pharmacist or an employee of the pharmacy who is present and identifies the recipient and the personal identification is documented by recording:   (i) the recipient's name;   (ii) a notation indicating that the recipient was known to a pharmacist or an employee of the pharmacy; and   (iii) the identity of the individual making the personal identification.   History: En. Sec. 1, Ch. 89, L. 2019.
MT Code § 37-7-501 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 7. Pharmacy|Part 5. Drug Product Selection|37-7-501. Short title

  37-7-501. Short title. This part may be cited as the "Montana Drug Product Selection Act".   History: En. 66-1528 by Sec. 1, Ch. 403, L. 1977; R.C.M. 1947, 66-1528.
MT Code § 37-7-502 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 7. Pharmacy|Part 5. Drug Product Selection|37-7-502. Definitions

  37-7-502. Definitions. As used in this part, the following definitions apply:   (1) "Bioavailability" means the extent and rate of absorption from a dosage form as reflected by the time-concentration curve of the administered drug in the systemic circulation.   (2) "Bioequivalent" means a chemical equivalent that, when administered to the same individual in the same dosage regimen, will result in comparable bioavailability.   (3) "Biological product" has the meaning provided in 42 U.S.C. 262.   (4) "Brand name" means the proprietary or the registered trademark name given to a drug product by its manufacturer, labeler, or distributor and placed upon the drug, its container, label, or wrapping at the time of packaging.   (5) "Chemical equivalent" means drug products that contain the same amounts of the same therapeutically active ingredients in the same dosage forms and that meet present compendium standards.   (6) "Drug product" means a dosage form containing one or more active therapeutic ingredients along with other substances included during the manufacturing process.   (7) "Generic name" means the chemical or established name of a drug product or drug ingredient published in the latest edition of an official compendium recognized by the board.   (8) "Interchangeable biological product" means a biological product that the federal food and drug administration has:   (a) licensed; and   (b) (i) determined meets the standards for interchangeability pursuant to 42 U.S.C. 262(k)(4); or   (ii) determined is therapeutically equivalent as set forth in the latest edition of or supplement to the federal food and drug administration's approved drug products with therapeutic equivalence evaluations.   (9) "Person" has the meaning provided in 37-7-101.   (10) "Prescriber" means a medical practitioner, as defined in 37-2-101, licensed under the professional laws of the state to administer and prescribe medicine and drugs.   (11) "Present compendium standard" means the official standard for drug excipients and drug products listed in the latest revision of an official compendium recognized by the board.   (12) "Product selection" means to dispense without the prescriber's express authorization a different drug product in place of the drug product prescribed.   (13) "Therapeutically equivalent" means those chemical equivalents that, when administered in the same dosage regimen, will provide essentially the same therapeutic effect as measured by the control of a symptom or a disease and/or toxicity.   History: En. 66-1529 by Sec. 2, Ch. 403, L. 1977; R.C.M. 1947, 66-1529; amd. Sec. 11, Ch. 379, L. 1981; amd. Sec. 12, Ch. 388, L. 2001; amd. Sec. 1, Ch. 42, L. 2017.
MT Code § 37-7-503 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 7. Pharmacy|Part 5. Drug Product Selection|37-7-503. Rulemaking

  37-7-503. Rulemaking. The board of pharmacy may adopt, amend, or repeal rules necessary for the implementation, continuation, and enforcement of this part in accordance with the Montana Administrative Procedure Act.   History: En. 66-1535 by Sec. 8, Ch. 403, L. 1977; R.C.M. 1947, 66-1535; amd. Sec. 1, Ch. 247, L. 1983.
MT Code § 37-7-504 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 7. Pharmacy|Part 5. Drug Product Selection|37-7-504. General prohibition of drug product substitution

  37-7-504. General prohibition of drug product substitution. No person may substitute a drug product different from the one ordered or deviate in any manner from the requirements of an order or prescription, except as provided in this part.   History: En. 66-1523(2) by Sec. 10, Ch. 403, L. 1977; R.C.M. 1947, 66-1523; amd. Sec. 2, Ch. 42, L. 2017.
MT Code § 37-7-505 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 7. Pharmacy|Part 5. Drug Product Selection|37-7-505. Product selection permitted -- limitation

  37-7-505. Product selection permitted -- limitation. (1) Except as limited by subsection (2) and unless instructed otherwise by the purchaser:   (a) a pharmacist who receives a prescription for a specific drug product by brand or proprietary name may select a less expensive drug product with the same generic name, strength, quantity, dose, and dosage form as the prescribed drug that is, in the pharmacist's professional opinion, therapeutically equivalent, bioequivalent, and bioavailable; and   (b) a pharmacist who receives a prescription for a specific biological product may select a less expensive interchangeable biological product.   (2) If, in the professional opinion of the prescriber, it is medically necessary that an equivalent drug product or interchangeable biological product not be selected, the prescriber may so indicate by certifying that the specific brand-name drug product prescribed or the specific brand-name biological product prescribed is medically necessary for that particular patient. In the case of a prescription transmitted orally, the prescriber must expressly indicate to the pharmacist that the specific brand-name drug product prescribed or the specific biological product prescribed is medically necessary.   (3) (a) Within 5 business days following the dispensing of a biological product, the dispensing pharmacist or the pharmacist's designee shall communicate the specific product provided to the patient, including the name of the product and the manufacturer, to the prescriber through any of the following electric records systems:   (i) an interoperable electronic medical records system;   (ii) an electronic prescribing technology;   (iii) a pharmacy benefit management system; or   (iv) a pharmacy record.   (b) Communication through an electronic records system as described in subsection (3)(a) is presumed to provide notice to the prescriber.   (c) If the pharmacist is unable to communicate pursuant to an electronic records system as provided in subsection (3)(a), the pharmacist shall communicate to the prescriber which biological product was dispensed to the patient using facsimile, telephone, electronic transmission, or other prevailing means.   (d) Communication is not required under this subsection (3) when:   (i) there is no federal food and drug administration approved interchangeable biological product for the product prescribed; or   (ii) a refill prescription is not changed from the product dispensed on the prior filling of the prescription.   (4) The pharmacist shall maintain a record of the biological product dispensed for at least 2 years.   History: En. 66-1530 by Sec. 3, Ch. 403, L. 1977; R.C.M. 1947, 66-1530; amd. Sec. 13, Ch. 388, L. 2001; amd. Sec. 3, Ch. 42, L. 2017.
MT Code § 37-7-506 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 7. Pharmacy|Part 5. Drug Product Selection|37-7-506. Notice to purchaser

  37-7-506. Notice to purchaser. (1) A pharmacist who selects a drug product, as provided in 37-7-505, shall notify the person presenting the prescription that the person may refuse the product selection as provided in 37-7-505.   (2) Each pharmacy shall display in a prominent place that is in clear and unobstructed public view, at or near the place where prescriptions are dispensed, a sign stating: "This pharmacy may be able to select a less expensive drug product that is equivalent to the one prescribed by your physician unless you or your physician request otherwise." The printing on the sign must be in block letters not less than 1 inch in height.   History: En. 66-1531 by Sec. 4, Ch. 403, L. 1977; R.C.M. 1947, 66-1531; amd. Sec. 1368, Ch. 56, L. 2009.
MT Code § 37-7-507 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 7. Pharmacy|Part 5. Drug Product Selection|37-7-507. Savings passed on

  37-7-507. Savings passed on. (1) A pharmacist selecting a less expensive drug product must pass on to the purchaser the full amount of the savings realized by the product selection. In no event may the pharmacist charge a different professional fee for dispensing a different drug product than the drug product originally prescribed.   (2) If the prescriber prescribes a drug product by its generic name, the pharmacist must, consistent with reasonable judgment, dispense the lowest retail priced, therapeutically equivalent brand which is in stock.   History: En. 66-1532 by Sec. 5, Ch. 403, L. 1977; R.C.M. 1947, 66-1532.
MT Code § 37-7-508 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 7. Pharmacy|Part 5. Drug Product Selection|37-7-508. Product selection not practice of medicine

  37-7-508. Product selection not practice of medicine. The selection of a drug product by a registered pharmacist under the provisions of this part does not constitute the practice of medicine.   History: En. 66-1533 by Sec. 6, Ch. 403, L. 1977; R.C.M. 1947, 66-1533.
MT Code § 37-7-509 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 7. Pharmacy|Part 5. Drug Product Selection|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.   History: En. 66-1534 by Sec. 7, Ch. 403, L. 1977; R.C.M. 1947, 66-1534; amd. Sec. 1369, Ch. 56, L. 2009.
MT Code § 37-7-510 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 7. Pharmacy|Part 5. Drug Product Selection|37-7-510. Penalty

  37-7-510. Penalty. (1) In addition to all other penalties provided by law, a person who violates the provisions of 37-7-505, 37-7-506, or 37-7-507 or any rule promulgated as provided in 37-7-503 shall be fined no more than $250 for each violation.   (2) The penalty imposed under this part may be remitted or mitigated upon such terms and conditions as the board of pharmacy considers proper and consistent with the public health and safety.   (3) A civil penalty imposed under this part becomes due and payable when the person incurring the penalty receives a notice in writing from the board of pharmacy. The notice shall be sent by registered or certified mail and must include:   (a) reference to the particular sections of the statute or rule;   (b) a short and plain statement of the matters asserted as charged;   (c) a statement of the amount of the penalty or penalties imposed; and   (d) a statement of the person's right to request a hearing.   (4) The person to whom the notice is addressed has 20 days from the date of the notice in which to make written application for a hearing before the board of pharmacy.   History: En. 66-1536 by Sec. 11, Ch. 403, L. 1977; R.C.M. 1947, 66-1536; amd. Sec. 1, Ch. 247, L. 1983.
MT Code § 37-7-601 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 7. Pharmacy|Part 6. Wholesale Distributors -- Licensing|37-7-601. Scope and purpose

  37-7-601. Scope and purpose. This part applies to the wholesale distribution, third-party logistics, manufacturing, or repackaging of prescription drugs in this state. The purpose of this part is to implement the federal Prescription Drug Marketing Act of 1987 and the Drug Quality and Security Act of 2013, which includes but is not limited to the Drug Supply Chain Security Act, by providing minimum standards, terms, and conditions for licensing by the department of persons or entities engaged in the wholesale distribution, third-party logistics, manufacturing, or repackaging of prescription drugs.   History: En. Sec. 2, Ch. 134, L. 1991; amd. Sec. 3, Ch. 33, L. 2017.
MT Code § 37-7-602 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 7. Pharmacy|Part 6. Wholesale Distributors -- Licensing|37-7-602. Definitions

  37-7-602. Definitions. As used in this part, the following definitions apply:   (1) (a) "Dispenser" means a retail pharmacy, a hospital pharmacy, a group of chain pharmacies under common ownership and control that do not act as a wholesale distributor, or any other person authorized by law to dispense or administer prescription drugs, and the affiliated warehouses or distribution centers of the entities listed in this subsection (1)(a), if they are under common ownership and control and do not act as a wholesale distributor.   (b) The term does not include a person who dispenses only products used in animals in accordance with FDA laws and regulations.   (2) "Manufacturer" means:   (a) a person approved by application to the FDA to manufacture a product as defined in section 360eee of the Drug Supply Chain Security Act, 21 U.S.C. 301, et seq., or a biologic pursuant to 42 U.S.C. 262;   (b) a person who manufactures a product as defined in section 360eee of the Drug Supply Chain Security Act, 21 U.S.C. 301, et seq., or a biologic pursuant to 42 U.S.C. 262 that is not the subject of an approved application or license by the FDA;   (c) a colicensed partner of a person described in subsection (2)(a) or (2)(b) that obtains the product directly from a person described in subsection (2)(a), (2)(b), or (2)(d); or   (d) an affiliate of a person described in subsection (2)(a), (2)(b), or (2)(c) that receives the product directly from a person described in subsection (2)(a), (2)(b), or (2)(c).   (3) "Prescription drug" has the same meaning as provided in 37-7-101.   (4) "Repackager" means a person who owns or operates an establishment that repacks and relabels a product or a package for:   (a) further sale; or   (b) distribution without a further transaction.   (5) "Third-party logistics provider" or "3PL" means an entity that provides or coordinates warehousing or other logistics services of a product in interstate commerce on behalf of a manufacturer, wholesale distributor, or dispenser of a product but does not take ownership of the product or have responsibility to direct the sale or disposition of the product.   (6) "Transaction" has the same meaning as provided in section 360eee of the Drug Supply Chain Security Act, 21 U.S.C. 301, et seq.   (7) (a) "Wholesale distribution" means distribution of prescription drugs to persons other than a consumer or patient.   (b) The term does not include the exclusions listed in section 353(e)(4) of the Drug Supply Chain Security Act, 21 U.S.C. 301, et seq.   (8) "Wholesale distributor" means a person or entity, other than a manufacturer, a manufacturer's colicensed partner, a third-party logistics provider, or a repackager, who is engaged in wholesale distribution of prescription drugs.   History: En. Sec. 3, Ch. 134, L. 1991; amd. Sec. 14, Ch. 388, L. 2001; amd. Sec. 73, Ch. 114, L. 2003; amd. Sec. 4, Ch. 33, L. 2017.