reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 4. Dentistry and Dental Hygiene › Part 4. Dental Hygienists and Auxiliary Personnel › 37-4-401. Practice of dental hygiene -- rulemaking

37-4-401. Practice of dental hygiene -- rulemaking.
(1) (a) The practice of dental hygiene is services, performed by a licensed preventive oral health practitioner known as a dental hygienist, that are educational, therapeutic, prophylactic, or preventive procedures in nature, as the board defines and authorizes through rule, and that may be performed under general supervision of a licensed dentist.
(b) The practice of dental hygiene also includes and the board shall authorize the administration of local anesthetic agents by a licensed dental hygienist certified by the board to administer the agents under the general supervision and authorization of a licensed dentist.
(c) (i) The practice of dental hygiene also includes prescriptive authority limited to fluoride agents, topical oral anesthetic agents, and nonsystemic oral antimicrobials that:
(A) are not controlled substances; and
(B) do not require a license by the federal drug enforcement agency.
(ii) Prescriptive authority under this section must be:
(A) done under the general supervision of a licensed dentist or by a dental hygienist practicing with a limited access permit under public health supervision;
(B) pursuant to rules adopted by the board; and
(C) in compliance with applicable laws concerning prescription packaging, labeling, and recordkeeping requirements.
(iii) The board shall determine by rule the education and competency requirements required for dental hygiene prescriptive authority.
(iv) The board shall determine by rule the percentage of fluoride, chlorhexidine gluconate, or any other active ingredients in any medication that may be prescribed by a dental hygienist under this section.
(2) Subsection (1) does not allow the board or a licensed dentist to delegate any of the following duties:
(a) diagnosis, treatment planning, and prescription other than prescriptions authorized under subsection (1)(c);
(b) surgical procedures on hard and soft tissues other than root planing and subgingival curettage;
(c) restorative, prosthetic, orthodontic, and other procedures that require the knowledge and skill of a dentist;
(d) prescription for drugs or medications, other than those listed under subsection (1)(c); or
(e) work authorizations.
History: En. Sec. 21, Ch. 48, L. 1935; re-en. Sec. 3115.21, R.C.M. 1935; amd. Sec. 9, Ch. 352, L. 1969; amd. Sec. 88, Ch. 350, L. 1974; R.C.M. 1947, 66-921(part); amd. Sec. 5, Ch. 349, L. 1983; amd. Sec. 1, Ch. 449, L. 1985; amd. Sec. 2, Ch. 66, L. 1991; amd. Sec. 1, Ch. 288, L. 2017.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 4. Dentistry and Dental Hygiene › Part 4. Dental Hygienists and Auxiliary Personnel › 37-4-402. License -- examination

37-4-402. License -- examination.
(1) The department may issue licenses for the practice of dental hygiene to qualified applicants to be known as dental hygienists.
(2) Except as provided by rules adopted under 37-1-319, a person may not engage in the practice of dental hygiene or practice as a dental hygienist in this state until the person has passed an examination approved by the board under rules adopted by the board and has been issued a license by the department.
(3) An applicant for licensure shall submit an application that must include, when required:
(a) certification of successful completion of the national board written examination;
(b) certification of successful completion of a regional board practical examination;
(c) two affidavits of good moral character;
(d) a certificate of graduation from a board-approved dental hygiene school; and
(e) an application fee.
History: En. Secs. 21, 23, Ch. 48, L. 1935; re-en. Secs. 3115.21, 3115.23, R.C.M. 1935; amd. Secs. 9, 11, Ch. 352, L. 1969; amd. Secs. 88, 90, Ch. 350, L. 1974; R.C.M. 1947, 66-921(part), 66-923(3); amd. Sec. 4, Ch. 337, L. 1979; amd. Sec. 6, Ch. 349, L. 1983; amd. Sec. 2, Ch. 449, L. 1985; amd. Sec. 29, Ch. 429, L. 1995; amd. Sec. 15, Ch. 224, L. 2003; amd. Sec. 34, Ch. 467, L. 2005.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 4. Dentistry and Dental Hygiene › Part 4. Dental Hygienists and Auxiliary Personnel › 37-4-403. Repealed

37-4-403. Repealed.
Sec. 127, Ch. 467, L. 2005.
History: En. Sec. 21, Ch. 48, L. 1935; re-en. Sec. 3115.21, R.C.M. 1935; amd. Sec. 9, Ch. 352, L. 1969; amd. Sec. 88, Ch. 350, L. 1974; R.C.M. 1947, 66-921(5); amd. Sec. 7, Ch. 345, L. 1981.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 4. Dentistry and Dental Hygiene › Part 4. Dental Hygienists and Auxiliary Personnel › 37-4-404. Repealed

37-4-404. Repealed.
Sec. 128, Ch. 429, L. 1995.
History: En. Sec. 23, Ch. 48, L. 1935; re-en. Sec. 3115.23, R.C.M. 1935; amd. Sec. 11, Ch. 352, L. 1969; amd. Sec. 90, Ch. 350, L. 1974; R.C.M. 1947, 66-923(1), (2), (4); amd. Sec. 8, Ch. 345, L. 1981; amd. Sec. 7, Ch. 349, L. 1983; amd. Sec. 3, Ch. 66, L. 1991.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 4. Dentistry and Dental Hygiene › Part 4. Dental Hygienists and Auxiliary Personnel › 37-4-406. Notice of name and address change -- local fees prohibited

37-4-406. Notice of name and address change -- local fees prohibited.
(1) Each dental hygienist shall give the board notice of any change in name, address, or status within 10 days of the change.
(2) A unit of local government, including those exercising self-government powers, may not impose a license fee on a dental hygienist licensed under this chapter.
History: En. Sec. 22, Ch. 48, L. 1935; re-en. Sec. 3115.22, R.C.M. 1935; amd. Sec. 10, Ch. 352, L. 1969; amd. Sec. 89, Ch. 350, L. 1974; R.C.M. 1947, 66-922; amd. Sec. 5, Ch. 337, L. 1979; amd. Sec. 9, Ch. 345, L. 1981; amd. Sec. 8, Ch. 349, L. 1983; amd. Sec. 30, Ch. 429, L. 1995; amd. Sec. 8, Ch. 492, L. 1997; amd. Sec. 10, Ch. 230, L. 1999; amd. Sec. 10, Ch. 271, L. 2003; amd. Sec. 35, Ch. 467, L. 2005.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 4. Dentistry and Dental Hygiene › Part 4. Dental Hygienists and Auxiliary Personnel › 37-4-407. Provisions not to apply to licensed dentist, physician, or surgeon

37-4-407. Provisions not to apply to licensed dentist, physician, or surgeon.
Nothing in this chapter relating to the practice of dental hygiene applies to its practice by a licensed dentist or a licensed physician and surgeon in this state.
History: En. Sec. 23, Ch. 48, L. 1935; re-en. Sec. 3115.23, R.C.M. 1935; amd. Sec. 11, Ch. 352, L. 1969; amd. Sec. 90, Ch. 350, L. 1974; R.C.M. 1947, 66-923(5).
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 4. Dentistry and Dental Hygiene › Part 4. Dental Hygienists and Auxiliary Personnel › 37-4-408. Auxiliary personnel -- employment, duties, and limitations

37-4-408. Auxiliary personnel -- employment, duties, and limitations.
(1) A dental auxiliary is a person other than a licensed dental hygienist employed by a licensed dentist. The board may, within the limitations of this chapter, adopt rules that define the qualifications and outline the tasks of any unlicensed auxiliary personnel to be employed by a licensed dentist, except that this section may not be construed to allow the board by rule to permit a licensed dentist to delegate to any auxiliary personnel prophylaxis or any of the duties prohibited to dental hygienists under 37-4-401. The performance of intraoral tasks by a dental auxiliary, as permitted by board rules, must be under the direct supervision of a licensed dentist, except as provided in subsection (2).
(2) A dental auxiliary who holds a certified dental assistant certification from the dental assisting national board may be supervised under general supervision.
History: En. Sec. 66-923.1 by Sec. 12, Ch. 352, L. 1969; R.C.M. 1947, 66-923.1; amd. Sec. 9, Ch. 349, L. 1983; amd. Sec. 5, Ch. 66, L. 1991; amd. Sec. 15, Ch. 492, L. 2001; amd. Sec. 26, Ch. 126, L. 2005; amd. Sec. 1, Ch. 157, L. 2019.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 4. Dentistry and Dental Hygiene › Part 5. Regulatory Provisions › 37-4-501. Work order for construction or repair of appliances

37-4-501. Work order for construction or repair of appliances.
(1) A licensed dentist who employs or engages the services of a person, firm, or corporation to construct, reproduce, make, alter, or repair bridges, crowns, dentures, other prosthetic appliances, surgical appliances, or orthodontic appliances shall furnish the person, firm, or corporation with a written work authorization on forms that must contain:
(a) the name and address of the person, firm, or corporation to which the work authorization is directed;
(b) the patient's name or identification number, but if only a number is used, the patient's name must be written on the duplicate copy of the work authorization retained by the dentist;
(c) the date on which the work authorization was written;
(d) a description of the work to be done, including diagrams if necessary;
(e) a specification of the type and quality of the materials to be used; and
(f) the signature of the dentist and the number of the dentist's license to practice dentistry.
(2) The person, firm, or corporation receiving a work authorization from a licensed dentist shall retain the original work authorization, and the dentist shall retain the duplicate copy for inspection at a reasonable time by the board for a period of 2 years from date of issuance.
History: En. Sec. 10, Ch. 48, L. 1935; re-en. Sec. 3115.10, R.C.M. 1935; amd. Sec. 2, Ch. 38, L. 1941; amd. Sec. 3, Ch. 34, L. 1961; amd. Sec. 5, Ch. 352, L. 1969; amd. Sec. 83, Ch. 350, L. 1974; R.C.M. 1947, 66-910(3); amd. Sec. 1364, Ch. 56, L. 2009; amd. Sec. 21, Ch. 109, L. 2009.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 4. Dentistry and Dental Hygiene › Part 5. Regulatory Provisions › 37-4-502. Restrictions on advertising and solicitation

37-4-502. Restrictions on advertising and solicitation.
No person, firm, or corporation engaged in the business of constructing, altering, or repairing bridges, crowns, dentures, other prosthetic appliances, surgical appliances, or orthodontic appliances may advertise the services, technique, or materials to the general public by means of advertisements in public newspapers, magazines, or by radio, television, display advertisements, or by any other means except advertisements in professional or trade papers, trade journals, trade directories, trade periodicals, trade magazines, and listings in business and telephone directories limited to name, address, and telephone number, which may not occupy more than the number of lines necessary to disclose the information; nor may a person, firm, or corporation so engaged in any way directly solicit the patronage of the general public.
History: En. Sec. 10, Ch. 48, L. 1935; re-en. Sec. 3115.10, R.C.M. 1935; amd. Sec. 2, Ch. 38, L. 1941; amd. Sec. 3, Ch. 34, L. 1961; amd. Sec. 5, Ch. 352, L. 1969; amd. Sec. 83, Ch. 350, L. 1974; R.C.M. 1947, 66-910(5).
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 4. Dentistry and Dental Hygiene › Part 5. Regulatory Provisions › 37-4-503. Identification of dentures

37-4-503. Identification of dentures.
All nonmetal full dentures shall be permanently identified with the first and last name of the owner at the time of processing the dentures.
History: En. Sec. 5, Ch. 493, L. 1979.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 4. Dentistry and Dental Hygiene › Part 5. Regulatory Provisions › 37-4-511. Limitations regarding deep sedation or general anesthesia

37-4-511. Limitations regarding deep sedation or general anesthesia.
(1) A person engaged in the practice of dentistry or oral surgery may not conduct any dental or surgical procedure upon another person under deep sedation or general anesthesia unless the vital signs of the patient are continually monitored by another trained health care professional.
(2) The facility in which deep sedation or general anesthesia is to be administered as part of a dental or surgical procedure must be equipped with proper drugs and equipment to safely administer anesthetic agents, to monitor the well-being of the patient under deep sedation or general anesthesia, and to treat the complications that may arise from deep sedation or general anesthesia.
History: En. Sec. 2, Ch. 518, L. 1985; amd. Sec. 1365, Ch. 56, L. 2009; amd. Sec. 6, Ch. 100, L. 2011.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 4. Dentistry and Dental Hygiene › Part 5. Regulatory Provisions › 37-4-515. Hospital admissions -- patient histories and examinations

37-4-515. Hospital admissions -- patient histories and examinations.
(1) For purposes of this section, "oral surgeon" means a dentist who has successfully completed a postgraduate program in oral surgery accredited by a nationally recognized accreditation body approved by the United States office of education.
(2) A qualified oral surgeon who is a member of the medical staff of a hospital and who admits a patient to the hospital for oral or maxillofacial surgery may take the history and perform a physical examination of the patient if the patient has no known medical problems.
(3) This section does not affect hospital staff privileges of any hospital and may not be construed to require that any specific privilege, including taking a history or performing a physical examination, be extended or not extended to any oral surgeon.
History: En. Sec. 1, Ch. 313, L. 1987.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 5. Osteopathy (Repealed) › Part 1. General (Repealed) › 37-5-101. Repealed

37-5-101. Repealed.
Sec. 32, Ch. 224, L. 2003.
History: (1)En. 66-1401.1 by Sec. 141, Ch. 350, L. 1974; Sec. 66-1401.1, R.C.M. 1947; (2)En. Sec. 12, Ch. 51, L. 1905; amd. Sec. 2, Ch. 112, L. 1907; re-en. Sec. 1605, Rev. C. 1907; re-en. Sec. 3136, R.C.M. 1921; re-en. Sec. 3136, R.C.M. 1935; Sec. 66-1412, R.C.M. 1947; R.C.M. 1947, 66-1401.1, 66-1412; amd. Sec. 4, Ch. 22, L. 1979; amd. Sec. 1, Ch. 87, L. 1981; amd. Sec. 114, Ch. 483, L. 2001.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 5. Osteopathy (Repealed) › Part 1. General (Repealed) › 37-5-102. Repealed

37-5-102. Repealed.
Sec. 32, Ch. 224, L. 2003.
History: En. Sec. 11, p. 51, L. 1901; rep. and re-en. Sec. 13, Ch. 51, L. 1905; re-en. Sec. 1606, Rev. C. 1907; re-en. Sec. 3137, R.C.M. 1921; re-en. Sec. 3137, R.C.M. 1935; amd. Sec. 7, Ch. 101, L. 1977; R.C.M. 1947, 66-1413; amd. Sec. 5, Ch. 22, L. 1979.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 5. Osteopathy (Repealed) › Part 2. Board of Osteopathic Physicians (Repealed) › 37-5-201. Repealed

37-5-201. Repealed.
Sec. 6, Ch. 87, L. 1981.
History: En. Sec. 2, p. 48, L. 1901; rep. and re-en. Sec. 2, Ch. 51, L. 1905; re-en. Sec. 1595, Rev. C. 1907; re-en. Sec. 3126, R.C.M. 1921; re-en. Sec. 3126, R.C.M. 1935; amd. Sec. 142, Ch. 350, L. 1974; R.C.M. 1947, 66-1402.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 5. Osteopathy (Repealed) › Part 2. Board of Osteopathic Physicians (Repealed) › 37-5-202. Repealed

37-5-202. Repealed.
Sec. 6, Ch. 87, L. 1981.
History: En. Sec. 10, p. 51, L. 1901; rep. and re-en. Sec. 10, Ch. 51, L. 1905; re-en. Sec. 1603, Rev. C. 1907; re-en. Sec. 3134, R.C.M. 1921; re-en. Sec. 3134, R.C.M. 1935; amd. Sec. 146, Ch. 147, L. 1963; amd. Sec. 2, Ch. 206, L. 1967; amd. Sec. 24, Ch. 93, L. 1969; amd. Sec. 146, Ch. 350, L. 1974; amd. Sec. 33, Ch. 439, L. 1975; R.C.M. 1947, 66-1410; amd. Sec. 10, Ch. 474, L. 1981.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 5. Osteopathy (Repealed) › Part 3. Licensing (Repealed) › 37-5-301. Repealed

37-5-301. Repealed.
Sec. 32, Ch. 224, L. 2003.
History: En. Sec. 3, p. 49, L. 1901; rep. and re-en. Sec. 3, Ch. 51, L. 1905; re-en. Sec. 1956, Rev. C. 1907; amd. Sec. 1, Ch. 124, L. 1919; re-en. Sec. 3127, R.C.M. 1921; amd. Sec. 1, Ch. 79, L. 1925; re-en. Sec. 3127, R.C.M. 1935; amd. Sec. 1, Ch. 108, L. 1953; amd. Sec. 1, Ch. 206, L. 1967; amd. Sec. 143, Ch. 350, L. 1974; R.C.M. 1947, 66-1403(1).
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 5. Osteopathy (Repealed) › Part 3. Licensing (Repealed) › 37-5-302. Repealed

37-5-302. Repealed.
Sec. 32, Ch. 224, L. 2003.
History: En. Sec. 5, p. 49, L. 1901; rep. and re-en. Sec. 5, Ch. 51, L. 1905; re-en. Sec. 1598, Rev. C. 1907; re-en. Sec. 3129, R.C.M. 1921; re-en. Sec. 3129, R.C.M. 1935; amd. Sec. 2, Ch. 108, L. 1953; amd. Sec. 145, Ch. 147, L. 1963; amd. Sec. 145, Ch. 350, L. 1974; R.C.M. 1947, 66-1405; amd. Sec. 2, Ch. 87, L. 1981; amd. Sec. 10, Ch. 345, L. 1981.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 5. Osteopathy (Repealed) › Part 3. Licensing (Repealed) › 37-5-303. Repealed

37-5-303. Repealed.
Sec. 128, Ch. 429, L. 1995.
History: En. Sec. 11, Ch. 51, L. 1905; re-en. Sec. 1604, Rev. C. 1907; re-en. Sec. 3135, R.C.M. 1921; re-en. Sec. 3135, R.C.M. 1935; amd. Sec. 147, Ch. 350, L. 1974; R.C.M. 1947, 66-1411.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 5. Osteopathy (Repealed) › Part 3. Licensing (Repealed) › 37-5-304. Repealed

37-5-304. Repealed.
Sec. 128, Ch. 429, L. 1995.
History: En. Sec. 4, p. 49, L. 1901; rep. and re-en. Sec. 4, Ch. 51, L. 1905; re-en. Sec. 1597, Rev. C. 1907; re-en. Sec. 3128, R.C.M. 1921; re-en. Sec. 3128, R.C.M. 1935; amd. Sec. 144, Ch. 350, L. 1974; R.C.M. 1947, 66-1404.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 5. Osteopathy (Repealed) › Part 3. Licensing (Repealed) › 37-5-305. Repealed

37-5-305. Repealed.
Sec. 32, Ch. 224, L. 2003.
History: En. Sec. 6, p. 50, L. 1901; rep. and re-en. Sec. 6, Ch. 51, L. 1905; re-en. Sec. 1599, Rev. C. 1907; re-en. Sec. 3130, R.C.M. 1921; re-en. Sec. 3130, R.C.M. 1935; amd. Sec. 6, Ch. 101, L. 1977; R.C.M. 1947, 66-1406.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 5. Osteopathy (Repealed) › Part 3. Licensing (Repealed) › 37-5-306. Repealed

37-5-306. Repealed.
Sec. 4, Ch. 66, L. 1981.
History: En. Sec. 7, p. 50, L. 1901; rep. and re-en. Sec. 7, Ch. 51, L. 1905; re-en. Sec. 1600, Rev. C. 1907; re-en. Sec. 3131, R.C.M. 1921; re-en. Sec. 3131, R.C.M. 1935; R.C.M. 1947, 66-1407.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 5. Osteopathy (Repealed) › Part 3. Licensing (Repealed) › 37-5-307. Repealed

37-5-307. Repealed.
Sec. 32, Ch. 224, L. 2003.
History: En. Sec. 3, p. 49, L. 1901; rep. and re-en. Sec. 3, Ch. 51, L. 1905; re-en. Sec. 1956, Rev. C. 1907; amd. Sec. 1, Ch. 124, L. 1919; re-en. Sec. 3127, R.C.M. 1921; amd. Sec. 1, Ch. 79, L. 1925; re-en. Sec. 3127, R.C.M. 1935; amd. Sec. 1, Ch. 108, L. 1953; amd. Sec. 1, Ch. 206, L. 1967; amd. Sec. 143, Ch. 350, L. 1974; R.C.M. 1947, 66-1403(2), (3); amd. Sec. 11, Ch. 345, L. 1981; amd. Sec. 31, Ch. 429, L. 1995.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 5. Osteopathy (Repealed) › Part 3. Licensing (Repealed) › 37-5-311. Repealed

37-5-311. Repealed.
Sec. 128, Ch. 429, L. 1995.
History: En. Sec. 9, p. 51, L. 1901; rep. and re-en. Sec. 9, Ch. 51, L. 1905; re-en. Sec. 1602, Rev. C. 1907; re-en. Sec. 3133, R.C.M. 1921; re-en. Sec. 3133, R.C.M. 1935; R.C.M. 1947, 66-1409.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 5. Osteopathy (Repealed) › Part 3. Licensing (Repealed) › 37-5-312. Repealed

37-5-312. Repealed.
Sec. 32, Ch. 224, L. 2003.
History: En. Sec. 8, p. 51, L. 1901; rep. and re-en. Sec. 8, Ch. 51, L. 1905; amd. Sec. 1, Ch. 112, L. 1907; re-en. Sec. 1601, Rev. C. 1907; re-en. Sec. 3132, R.C.M. 1921; re-en. Sec. 3132, R.C.M. 1935; R.C.M. 1947, 66-1408.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 6. Podiatry › Part 1. General › 37-6-101. Definitions

37-6-101. Definitions.
Unless the context requires otherwise, in this chapter, the following definitions apply:
(1) "Board" means the board of medical examiners provided for in 2-15-1731.
(2) "Department" means the department of labor and industry provided for in Title 2, chapter 15, part 17.
(3) "Podiatrist" means a physician or surgeon of the foot and ankle, licensed to diagnose and treat ailments of the human functional foot and ankle.
(4) "Podiatry" means the diagnosis and treatment of ailments of the human functional foot and ankle as provided in 37-6-102.
History: En. Sec. 1, Ch. 2, L. 1923; re-en. Sec. 3154.1, R.C.M. 1935; amd. Sec. 1, Ch. 218, L. 1939; amd. Sec. 55, Ch. 350, L. 1974; R.C.M. 1947, 66-601; amd. Sec. 3, Ch. 274, L. 1981; amd. Sec. 2, Ch. 470, L. 1981; amd. Sec. 1, Ch. 288, L. 1987; amd. Sec. 1, Ch. 484, L. 1989; amd. Sec. 1, Ch. 402, L. 1995; amd. Sec. 115, Ch. 483, L. 2001.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 6. Podiatry › Part 1. General › 37-6-102. Scope of practice

37-6-102. Scope of practice.
(1) A podiatrist may diagnose and treat ailments of the human functional foot and ankle by all systems and means. The functional foot is the anatomical foot and any muscle, tendon, ligament, or other soft tissue structure that is directly attached to the anatomical foot and that impacts on or affects the foot or foot function. The ankle is the articulation between the talus, tibia, and fibula and their related soft tissue structures.
(2) A podiatrist may not administer any anesthetic other than a local anesthetic.
History: En. Sec. 2, Ch. 2, L. 1923; re-en. Sec. 3154.2, R.C.M. 1935; amd. Sec. 2, Ch. 218, L. 1939; amd. Sec. 56, Ch. 350, L. 1974; R.C.M. 1947, 66-602(part); amd. Sec. 2, Ch. 288, L. 1987; amd. Sec. 2, Ch. 484, L. 1989; amd. Sec. 2, Ch. 402, L. 1995.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 6. Podiatry › Part 1. General › 37-6-103. Application of chapter

37-6-103. Application of chapter.
This chapter does not apply to any physician licensed to practice the profession in this state or to surgeons of the United States army, navy, or public health service when in actual performance of their duties.
History: En. Sec. 10, Ch. 2, L. 1923; re-en. Sec. 3154.10, R.C.M. 1935; amd. Sec. 7, Ch. 218, L. 1939; R.C.M. 1947, 66-610; amd. Sec. 1366, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 6. Podiatry › Part 1. General › 37-6-104. Construction of chapter

37-6-104. Construction of chapter.
Nothing in this chapter shall be construed as prohibiting the fitting, recommending, advertising, adjusting, or sale of corrective shoes, arch supports, or similar mechanical appliances, or foot remedies by retail dealers or manufacturers.
History: En. Sec. 8, Ch. 218, L. 1939; R.C.M. 1947, 66-611.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 6. Podiatry › Part 1. General › 37-6-105. Administration of drugs

37-6-105. Administration of drugs.
A licensed podiatrist may administer and prescribe drugs in accordance with 37-2-101 as a "medical practitioner".
History: En. Sec. 3, Ch. 470, L. 1981.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 6. Podiatry › Part 1. General › 37-6-106. Rulemaking authority

37-6-106. Rulemaking authority.
The board may adopt rules to carry out the provisions of this chapter. Rules adopted by the board must be fair, impartial, and nondiscriminatory.
History: En. Sec. 6, Ch. 540, L. 1991.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 6. Podiatry › Part 1. General › 37-6-107. Certification required for ankle surgery -- places of performance of surgery

37-6-107. Certification required for ankle surgery -- places of performance of surgery.
(1) Notwithstanding any other provisions in this title, a podiatrist may not perform surgical treatments of the ankle unless certified to do so by the board. The board shall certify a podiatrist whom it considers qualified by education, training, and experience or who is certified by the American board of podiatric surgery.
(2) A surgical treatment of the ankle performed in accordance with subsection (1) must be performed in a hospital or outpatient center for surgical services licensed under Title 50.
History: En. Secs. 3, 4, Ch. 402, L. 1995; amd. Sec. 3, Ch. 98, L. 1999.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 6. Podiatry › Part 2. Board of Podiatry Examiners (Repealed) › 37-6-201. Repealed

37-6-201. Repealed.
Sec. 10, Ch. 470, L. 1981.
History: En. Sec. 8, Ch. 2, L. 1923; re-en. Sec. 3154.8, R.C.M. 1935; amd. Sec. 132, Ch. 147, L. 1963; amd. Sec. 62, Ch. 350, L. 1974; amd. Sec. 27, Ch. 439, L. 1975; amd. Sec. 3, Ch. 176, L. 1977; R.C.M. 1947, 66-608; amd. Sec. 11, Ch. 474, L. 1981.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 6. Podiatry › Part 3. Licensing › 37-6-301. License required for practice

37-6-301. License required for practice.
Except as otherwise provided in this chapter, it is unlawful for a person to profess to be a podiatrist, to practice or assume the duties incident to podiatry, or to advertise in any form or hold out to the public that the person is a podiatrist or in a sign or advertisement to use the word "podiatrist" or "foot correctionist" or any other term, terms, or letters indicating to the public that the person is holding out to the public that the person is a podiatrist or foot correctionist in any manner without first obtaining from the board a license authorizing the practice of podiatry in this state.
History: En. Sec. 2, Ch. 2, L. 1923; re-en. Sec. 3154.2, R.C.M. 1935; amd. Sec. 2, Ch. 218, L. 1939; amd. Sec. 56, Ch. 350, L. 1974; R.C.M. 1947, 66-602(part); amd. Sec. 3, Ch. 288, L. 1987; amd. Sec. 1367, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 6. Podiatry › Part 3. Licensing › 37-6-302. Qualifications for licensure

37-6-302. Qualifications for licensure.
(1) A person who wishes to begin the practice of podiatry in this state shall make application, on a form authorized by the board and furnished by the department, for a license to practice podiatry.
(2) A person may not be granted a license to practice podiatry in this state unless the person:
(a) is of good moral character as determined by the board;
(b) is a graduate of a school of podiatry approved by the board;
(c) has completed at least 1 year of postgraduate training or has had equivalent experience or training approved by the board;
(d) has made a personal appearance before the board; and
(e) has passed an examination administered by the national board of podiatry examiners and is a diplomate of the national board of podiatry examiners.
(3) The board may waive the requirements described in subsection (2)(d).
History: En. Sec. 3, Ch. 2, L. 1923; re-en. Sec. 3154.3, R.C.M. 1935; amd. Sec. 3, Ch. 218, L. 1939; amd. Sec. 131, Ch. 147, L. 1963; amd. Sec. 1, Ch. 168, L. 1971; amd. Sec. 1, Ch. 288, L. 1973; amd. Sec. 57, Ch. 350, L. 1974; amd. Sec. 1, Ch. 96, L. 1975; amd. Sec. 1, Ch. 176, L. 1977; R.C.M. 1947, 66-603; amd. Sec. 12, Ch. 345, L. 1981; amd. Sec. 4, Ch. 470, L. 1981; amd. Sec. 4, Ch. 288, L. 1987; amd. Sec. 32, Ch. 429, L. 1995; amd. Sec. 7, Ch. 100, L. 2011.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 6. Podiatry › Part 3. Licensing › 37-6-303. Repealed

37-6-303. Repealed.
Sec. 127, Ch. 467, L. 2005.
History: En. Sec. 4, Ch. 2, L. 1923; re-en. Sec. 3154.4, R.C.M. 1935; amd. Sec. 4, Ch. 218, L. 1939; amd. Sec. 58, Ch. 350, L. 1974; R.C.M. 1947, 66-604; amd. Sec. 13, Ch. 345, L. 1981; amd. Sec. 5, Ch. 470, L. 1981; amd. Sec. 5, Ch. 288, L. 1987; amd. Sec. 33, Ch. 429, L. 1995.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 6. Podiatry › Part 3. Licensing › 37-6-304. Repealed

37-6-304. Repealed.
Sec. 18, Ch. 154, L. 2015.
History: En. Sec. 5, Ch. 2, L. 1923; re-en. Sec. 3154.5, R.C.M. 1935; amd. Sec. 5, Ch. 218, L. 1939; amd. Sec. 59, Ch. 350, L. 1974; amd. Sec. 3, Ch. 533, L. 1977; R.C.M. 1947, 66-605; amd. Sec. 2, Ch. 66, L. 1981; amd. Sec. 14, Ch. 345, L. 1981; amd. Sec. 6, Ch. 288, L. 1987; amd. Sec. 2, Ch. 540, L. 1991; amd. Sec. 34, Ch. 429, L. 1995; amd. Sec. 9, Ch. 492, L. 1997; amd. Sec. 16, Ch. 224, L. 2003; amd. Sec. 12, Ch. 271, L. 2003; amd. Sec. 36, Ch. 467, L. 2005.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 6. Podiatry › Part 3. Licensing › 37-6-305. Deposit of moneys collected

37-6-305. Deposit of moneys collected.
All fees shall be collected by the department and deposited in the state special revenue fund for the use of the board, subject to 37-1-101(6).
History: En. Sec. 7, Ch. 2, L. 1923; re-en. Sec. 3154.7, R.C.M. 1935; amd. Sec. 130, Ch. 147, L. 1963; amd. Sec. 61, Ch. 350, L. 1974; amd. Sec. 1, Ch. 101, L. 1977; amd. Sec. 2, Ch. 176, L. 1977; R.C.M. 1947, 66-607; amd. Sec. 1, Ch. 277, L. 1983; amd. Sec. 8, Ch. 288, L. 1987.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 6. Podiatry › Part 3. Licensing › 37-6-310. Repealed

37-6-310. Repealed.
Sec. 128, Ch. 429, L. 1995.
History: En. Sec. 9, Ch. 288, L. 1987; amd. Sec. 12, Ch. 619, L. 1993.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 6. Podiatry › Part 3. Licensing › 37-6-311. Refusal or revocation of license -- investigation

37-6-311. Refusal or revocation of license -- investigation.
(1) After notice and opportunity for a hearing, the board may deny, revoke, or refuse to renew a license to practice podiatry if the consensus of the board is that an applicant is not of good moral character or has engaged in unprofessional conduct.
(2) The department may investigate whenever it is brought to its attention that a licensed podiatrist:
(a) is mentally or physically unable to engage safely in the practice of podiatry;
(b) has procured the license by fraud, misrepresentation, or through error;
(c) has been declared incompetent by a court of competent jurisdiction and has not later been lawfully declared competent;
(d) has a condition that impairs the licensee's intellect or judgment to the extent that it incapacitates the licensee in the safe performance of professional duties;
(e) has been found guilty of unprofessional conduct;
(f) has practiced podiatry while the license was suspended or revoked;
(g) has had the license suspended or revoked by any licensing authority for reasons other than nonpayment of fees; or
(h) while under probation has violated its terms.
(3) The investigation must be for the purpose of determining the probability that the alleged conditions exist or that the alleged offenses were committed. Upon order of the board, the investigation may include requiring the person to submit to a physical examination or a mental examination, or both, by a physician or physicians selected by the board if it appears to be in the best interest of the public that this evaluation be secured. The board may examine the hospital records and reports of a licensee as part of the examination, and copies must be released to the board on written request.
(4) If a person holding a license to practice podiatry under this chapter is by a final order or adjudication of a court of competent jurisdiction determined to be mentally incompetent, to be addicted to the use of narcotics, or to have been committed pursuant to 53-21-127, the license may be suspended by the board. The suspension continues until the licensee is found by the court to be restored to reason or cured or until the licensee is discharged as restored to reason or cured and the licensee's professional competence has been proved to the satisfaction of the board.
History: En. Sec. 6, Ch. 2, L. 1923; re-en. Sec. 3154.6, R.C.M. 1935; amd. Sec. 6, Ch. 218, L. 1939; amd. Sec. 60, Ch. 350, L. 1974; R.C.M. 1947, 66-606; amd. Sec. 6, Ch. 22, L. 1979; amd. Sec. 7, Ch. 288, L. 1987; amd. Sec. 45, Ch. 83, L. 1989; amd. Sec. 3, Ch. 540, L. 1991; amd. Sec. 35, Ch. 429, L. 1995; amd. Sec. 8, Ch. 490, L. 1997.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 6. Podiatry › Part 3. Licensing › 37-6-312. Repealed

37-6-312. Repealed.
Sec. 10, Ch. 366, L. 2023.
History: En. Sec. 9, Ch. 2, L. 1923; re-en. Sec. 3154.9, R.C.M. 1935; R.C.M. 1947, 66-609; amd. Sec. 6, Ch. 470, L. 1981.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 7. Pharmacy › Part 1. General › 37-7-102. Practice subject to regulation

37-7-102. Practice subject to regulation.
The practice of pharmacy is a professional practice affecting the public health, safety, and welfare and is subject to regulation and control in the public interest.
History: En. Sec. 647, Pol. C. 1895; re-en. Sec. 1629, Rev. C. 1907; re-en. Sec. 8, Ch. 134, L. 1915; re-en. Sec. 3177, R.C.M. 1921; re-en. Sec. 3177, R.C.M. 1935; amd. Sec. 7, Ch. 175, L. 1939; amd. Sec. 1, Ch. 70, L. 1957; amd. Sec. 5, Ch. 241, L. 1971; amd. Sec. 153, Ch. 350, L. 1974; amd. Sec. 2, Ch. 439, L. 1977; R.C.M. 1947, 66-1507(part).
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 7. Pharmacy › Part 1. General › 37-7-103. Exemptions

37-7-103. Exemptions.
Subject to 37-2-104, 37-7-401, and 37-7-402, and except as provided in Title 37, chapter 18, part 8, this chapter does not:
(1) subject a medical practitioner, as defined in 37-2-101, who is not a pharmacist or a person who is licensed in this state to practice veterinary medicine to inspection by the board, prevent the person from compounding or using drugs, medicines, chemicals, or poisons in the person's practice, or prevent a medical practitioner from furnishing to a patient drugs, medicines, chemicals, or poisons that the person considers proper in the treatment of the patient;
(2) prevent the sale of drugs, medicines, chemicals, or poisons at wholesale;
(3) prevent the sale of drugs, chemicals, or poisons at either wholesale or retail for use for commercial purposes or in the arts;
(4) change any of the provisions of this code relating to the sale of insecticides and fungicides;
(5) prevent the sale of common household preparations and other drugs if the stores selling them are licensed under the terms of this chapter;
(6) apply to or interfere with manufacture, wholesaling, vending, or retailing of flavoring extracts, toilet articles, cosmetics, perfumes, spices, and other commonly used household articles of a chemical nature for use for nonmedicinal purposes;
(7) prevent a registered nurse employed by a family planning clinic under contract with the department of public health and human services from dispensing factory prepackaged contraceptives, other than mifepristone, if the dispensing is in accordance with a physician's written protocol specifying the circumstances under which dispensing is appropriate and is in accordance with the board's requirements for labeling, storage, and recordkeeping of drugs; or
(8) prevent a certified agency from possessing, or a certified euthanasia technician or support personnel under the supervision of the employing veterinarian from administering, any controlled substance authorized by the board of veterinary medicine for the purpose of euthanasia pursuant to Title 37, chapter 18, part 6.
History: En. Sec. 14, Ch. 175, L. 1939; amd. Sec. 10, Ch. 101, L. 1977; R.C.M. 1947, 66-1525; amd. Sec. 2, Ch. 472, L. 1989; amd. Sec. 59, Ch. 418, L. 1995; amd. Sec. 88, Ch. 546, L. 1995; amd. Sec. 7, Ch. 60, L. 2003; amd. Sec. 2, Ch. 125, L. 2007; amd. Sec. 3, Ch. 454, L. 2021; amd. Sec. 8, Ch. 322, L. 2023; amd. Sec. 8, Ch. 759, L. 2023.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 7. Pharmacy › Part 1. General › 37-7-104. Qualifications of employee hired to assist board

37-7-104. Qualifications of employee hired to assist board.
A person hired by the department to enter and inspect an establishment under this chapter must be:
(1) a citizen of the United States and a resident of this state; and
(2) a pharmacist registered under this chapter.
History: En. 66-1521.1 by Sec. 158, Ch. 350, L. 1974; R.C.M. 1947, 66-1521.1; amd. Sec. 8, Ch. 22, L. 1979; amd. Sec. 37, Ch. 467, L. 2005.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 7. Pharmacy › Part 1. General › 37-7-106. Pharmacist prescribing authority -- exception

37-7-106. Pharmacist prescribing authority -- exception.
(1) A pharmacist may prescribe a drug or device for a legitimate medical purpose as allowed under this section for a person with whom the pharmacist has a patient-prescriber relationship.
(2) A pharmacist shall establish the patient-prescriber relationship through a documented patient evaluation that is adequate to:
(a) establish diagnoses, if the drug or device is being prescribed pursuant to subsection (3)(b); and
(b) identify underlying conditions and contraindications to the treatment.
(3) A pharmacist's prescribing authority is limited to drugs and devices that are prescribed for conditions that:
(a) do not require a new diagnosis; or
(b) (i) are minor and generally self-limiting;
(ii) are diagnosed by or for which clinical decisions are made using a test that is waived under the federal clinical laboratory improvement amendments of 1988; or
(iii) are patient emergencies.
(4) A pharmacist may:
(a) prescribe only the drugs or devices for which the pharmacist is educationally prepared and for which competency has been achieved and maintained; and
(b) bill only for assessment services that were necessary, based on the pharmacist's professional judgment, for the pharmacist's decision to prescribe a drug or device pursuant to this section.
(5) A pharmacist may not prescribe a controlled substance or an abortion-inducing drug as that term is defined in 50-20-703.
(6) A pharmacist prescribing a drug or device pursuant to this section shall:
(a) recognize the limits of the pharmacist's knowledge and experience and consult with and refer to other health care providers as appropriate; and
(b) maintain documentation sufficient to justify the care provided, including but not limited to the:
(i) information collected as part of the patient record;
(ii) prescription record;
(iii) provider notification; and
(iv) follow-up care plan.
(7) This section does not apply to a pharmacist who is operating within a collaborative pharmacy practice agreement.
History: En. Sec. 1, Ch. 322, L. 2023.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 7. Pharmacy › Part 2. Board of Pharmacy › 37-7-202. Salaries and expenses of board members

37-7-202. Salaries and expenses of board members.
Each member of the board shall receive compensation and travel expenses as provided for in 37-1-133.
History: En. Sec. 645, Pol. C. 1895; re-en. Sec. 1627, Rev. C. 1907; re-en. Sec. 6, Ch. 134, L. 1915; re-en. Sec. 3175, R.C.M. 1921; re-en. Sec. 3175, R.C.M. 1935; amd. Sec. 5, Ch. 175, L. 1939; amd. Sec. 26, Ch. 177, L. 1965; amd. Sec. 1, Ch. 82, L. 1969; amd. Sec. 1, Ch. 72, L. 1974; amd. Sec. 151, Ch. 350, L. 1974; amd. Sec. 34, Ch. 439, L. 1975; R.C.M. 1947, 66-1505; amd. Sec. 12, Ch. 474, L. 1981.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 7. Pharmacy › Part 2. Board of Pharmacy › 37-7-203. Repealed

37-7-203. Repealed.
Sec. 128, Ch. 429, L. 1995.
History: En. Sec. 4, Ch. 104, L. 1931; re-en. Sec. 3202.10, R.C.M. 1935; amd. Sec. 10, Ch. 175, L. 1939; amd. Sec. 8, Ch. 241, L. 1971; amd. Sec. 157, Ch. 350, L. 1974; R.C.M. 1947, 66-1521.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 7. Pharmacy › Part 3. Licensing › 37-7-301. Unlawful practice

37-7-301. Unlawful practice.
Except as provided in 37-7-307 through 37-7-309, it is unlawful for a person to:
(1) engage in the practice of pharmacy unless licensed by the board; or
(2) assist in the practice of pharmacy unless registered by the board as a pharmacy technician.
History: En. Sec. 640, Pol. C. 1895; re-en. Sec. 1622, Rev. C. 1907; re-en. Sec. 1, Ch. 134, L. 1915; re-en. Sec. 3170, R.C.M. 1921; re-en. Sec. 3170, R.C.M. 1935; amd. Sec. 1, Ch. 175, L. 1939; amd. Sec. 1, Ch. 241, L. 1971; R.C.M. 1947, 66-1501; amd. Sec. 9, Ch. 22, L. 1979; amd. Sec. 5, Ch. 379, L. 1981; amd. Sec. 2, Ch. 219, L. 1991; amd. Sec. 5, Ch. 388, L. 2001.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 7. Pharmacy › Part 3. Licensing › 37-7-302. Qualifications -- display of license

37-7-302. Qualifications -- display of license.
(1) To be entitled to examination as a pharmacist, the applicant must be of good moral character and must have graduated and received the first professional undergraduate degree from the school of pharmacy of the university of Montana-Missoula or have received an accredited pharmacy degree that has been approved by the board. However, an applicant may not receive a registered pharmacist's license until the applicant has complied with the internship requirements established by the board.
(2) Each person licensed and registered under this chapter must receive from the department an appropriate license. The license must be conspicuously displayed at all times in the place of business.
History: En. Sec. 646, Pol. C. 1895; re-en. Sec. 1628, Rev. C. 1907; re-en. Sec. 7, Ch. 134, L. 1915; re-en. Sec. 3176, R.C.M. 1921; re-en. Sec. 3176, R.C.M. 1935; amd. Sec. 6, Ch. 175, L. 1939; amd. Sec. 1, Ch. 81, L. 1969; amd. Sec. 4, Ch. 168, L. 1971; amd. Sec. 4, Ch. 241, L. 1971; amd. Sec. 1, Ch. 71, L. 1974; amd. Sec. 152, Ch. 350, L. 1974; amd. Sec. 7, Ch. 533, L. 1977; R.C.M. 1947, 66-1506(part); amd. Sec. 2, Ch. 341, L. 1981; amd. Sec. 15, Ch. 345, L. 1981; amd. Sec. 6, Ch. 379, L. 1981; amd. Sec. 3, Ch. 247, L. 1983; amd. Sec. 37, Ch. 429, L. 1995; amd. sec. 36, Ch. 308, L. 1995; amd. Sec. 38, Ch. 467, L. 2005.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 7. Pharmacy › Part 3. Licensing › 37-7-303. Repealed

37-7-303. Repealed.
Sec. 127, Ch. 467, L. 2005.
History: En. Sec. 647, Pol. C. 1895; re-en. Sec. 1629, Rev. C. 1907; re-en. Sec. 8, Ch. 134, L. 1915; re-en. Sec. 3177, R.C.M. 1921; re-en. Sec. 3177, R.C.M. 1935; amd. Sec. 7, Ch. 175, L. 1939; amd. Sec. 1, Ch. 70, L. 1957; amd. Sec. 5, Ch. 241, L. 1971; amd. Sec. 153, Ch. 350, L. 1974; amd. Sec. 2, Ch. 439, L. 1977; R.C.M. 1947, 66-1507(part); amd. Sec. 16, Ch. 345, L. 1981; amd. Sec. 7, Ch. 379, L. 1981; amd. Sec. 38, Ch. 429, L. 1995; amd. Sec. 10, Ch. 492, L. 1997; amd. Sec. 6, Ch. 388, L. 2001; amd. Sec. 13, Ch. 271, L. 2003.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 7. Pharmacy › Part 3. Licensing › 37-7-304. Repealed

37-7-304. Repealed.
Sec. 128, Ch. 429, L. 1995.
History: En. 66-1507.1 by Sec. 3, Ch. 439, L. 1977; R.C.M. 1947, 66-1507.1.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 7. Pharmacy › Part 3. Licensing › 37-7-305. Repealed

37-7-305. Repealed.
Sec. 128, Ch. 429, L. 1995.
History: En. 66-1507.2 by Sec. 4, Ch. 439, L. 1977; R.C.M. 1947, 66-1507.2.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 7. Pharmacy › Part 3. Licensing › 37-7-306. Clinical pharmacist practitioner qualifications

37-7-306. Clinical pharmacist practitioner qualifications.
(1) A clinical pharmacist practitioner is a licensed pharmacist in good standing who:
(a) is certified by the board, in concurrence with the board of medical examiners, to provide drug therapy management, including initiating, modifying, or discontinuing therapies, identifying and managing drug-related problems, or ordering tests under the direction or supervision of a prescriber;
(b) has additional education, experience, or certification as required by the board in concurrence with the board of medical examiners; and
(c) has in place a collaborative pharmacy practice agreement.
(2) Only a pharmacist certified by the board may legally be identified as a clinical pharmacist practitioner.
History: En. Sec. 2, Ch. 293, L. 2009.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 7. Pharmacy › Part 3. Licensing › 37-7-307. Utilization plan -- contents -- responsibility of pharmacist

37-7-307. Utilization plan -- contents -- responsibility of pharmacist.
(1) A utilization plan must set forth:
(a) the name and qualifications of the supervising pharmacist or pharmacists;
(b) the nature and location of the supervising pharmacist's pharmacy practice;
(c) a summary of the tasks delegated by the pharmacist and the methods by which a supervising pharmacist may verify and document the tasks. "Verify" means the personal confirmation by a supervising pharmacist of the correctness of the tasks undertaken by the pharmacy technician.
(d) any other information the board considers relevant.
(2) The board shall approve a utilization plan if it determines that the duties to be delegated are:
(a) assigned, verified, and documented by the supervising pharmacist; and
(b) within the scope of the training and competence of the person to whom the authority is delegated.
(3) A supervising pharmacist is responsible for the actions of a pharmacy technician or auxiliary who performs services for the pharmacist under the terms of a utilization plan.
History: En. Sec. 3, Ch. 219, L. 1991.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 7. Pharmacy › Part 3. Licensing › 37-7-308. Preparation and approval of utilization plan -- revocation of or refusal to renew plan -- contested case hearing

37-7-308. Preparation and approval of utilization plan -- revocation of or refusal to renew plan -- contested case hearing.
(1) A supervising pharmacist shall:
(a) prepare the utilization plan and submit a summary of the plan to the board for approval;
(b) keep on file in the pharmacy a copy of the utilization plan for inspection by the board; and
(c) annually review the utilization plan and provide documentation to the board that the plan accurately reflects the current use of the services of a pharmacy technician or auxiliary.
(2) The board shall refuse to approve or shall revoke or fail to renew approval of a utilization plan if it does not conform to the provisions of 37-7-307 through 37-7-309 and rules adopted under those sections.
(3) One year after the board revokes approval of a utilization plan, the supervising pharmacist may reapply for approval by complying with the requirements of 37-7-307 through 37-7-309 and with rules adopted under those sections.
(4) Before refusing to approve or before revoking or failing to renew approval of a utilization plan, the board shall provide the supervising pharmacist a reasonable time in which to supply additional information demonstrating compliance with the requirements of 37-7-307 through 37-7-309 and with rules adopted under those sections and the opportunity to request a hearing.
(5) If a supervising pharmacist requests a hearing, the board shall conduct the hearing in accordance with the contested case procedures in Title 2, chapter 4, part 6.
History: En. Sec. 4, Ch. 219, L. 1991.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 7. Pharmacy › Part 3. Licensing › 37-7-309. Utilization plan approval fee -- renewal of approval -- renewal fee

37-7-309. Utilization plan approval fee -- renewal of approval -- renewal fee.
(1) A pharmacy in which a pharmacist uses the services of a pharmacy technician or auxiliary under an approved utilization plan shall pay to the board a utilization plan approval fee in an amount set by the board as provided in 37-1-134. Payment must be made when the utilization plan is submitted and is not refundable.
(2) Approval of a utilization plan expires 1 year from the date of approval. The board shall grant renewal of approval upon payment of a renewal fee in an amount set by the board and documentation as required by 37-7-308(1)(c).
(3) The board may adopt fees, as provided in 37-1-134, for other costs associated with implementation of 37-7-307 through 37-7-309, including the costs of onsite inspection of the utilization plan at the participating pharmacy.
(4) The board shall deposit fees received in the state special revenue fund for use by the board in administration of 37-7-307 through 37-7-309, subject to 37-1-101(6).
History: En. Sec. 5, Ch. 219, L. 1991.