Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.174 - BOARD OF PHARMACY › Subchapter 24.174.8 - Pharmacies › Rule 24.174.840 - TRANSMISSION OF PRESCRIPTIONS BY ELECTRONIC MEANS

Current through Register Vol. 13, July 5, 2024
(1) A pharmacist
				may dispense directly any legend drug, which requires a prescription to
				dispense (except as provided in (2) and (3) below for Schedule II, III, IV, and
				V, controlled substances) pursuant to either a written prescription signed by a
				practitioner or a prescription transmitted by the practitioner or the
				practitioner's agent to the pharmacy by electronic means, or pursuant to an
				oral prescription made by an individual practitioner and promptly reduced to
				hardcopy by the pharmacist, containing all information required. The
				prescription shall be maintained in accordance with ARM
				24.174.512.
(2) A pharmacist may dispense directly a
				controlled substance in Schedule II, which is a prescription drug as determined
				by the Federal Food, Drug, and Cosmetic Act (FD&C Act), pursuant to a
				written prescription signed by the practitioner. In addition, a prescription
				for a Schedule II controlled substance may be transmitted by the practitioner
				or the practitioner's agent to a pharmacy by electronic means, provided the
				original written, signed prescription is presented to the pharmacist for review
				prior to the actual dispensing of the controlled substance or by electronic
				means that meet all of the federal guidelines for controlled substances that
				are electronically prescribed. The original prescription shall be maintained in
				accordance with ARM 24.174.512.
(a) A signed
				prescription for a Schedule II narcotic substance to be compounded for the
				direct administration to a patient by parenteral, intravenous, intramuscular,
				subcutaneous, or intraspinal infusion may be transmitted by the practitioner or
				the practitioner's agent to the pharmacy by electronic means. The electronic
				transmission serves as the original written prescription for the purpose of
				this rule and it shall be maintained in accordance with ARM 24.174.512.
(b) A signed prescription for a
				Schedule II substance for a resident of a long-term care facility may be
				transmitted by the practitioner or the practitioner's agent to the dispensing
				pharmacy by electronic means. The electronic transmission serves as the
				original written prescription for purposes of this rule and it shall be
				maintained in accordance with ARM 24.174.512.
(c) A signed prescription for a Schedule II
				substance for a patient enrolled in a hospice care program, certified and/or
				paid for by Medicare under Title XVIII of the Social Security Act, or a hospice
				program which is licensed by the state of Montana, may be transmitted by the
				practitioner or the practitioner's agent to the dispensing pharmacy by
				electronic means. The practitioner or the practitioner's agent shall note on
				the prescription that the patient is a hospice patient. The electronic
				transmission serves as the original written prescription for purposes of this
				rule and it shall be maintained in accordance with ARM 24.174.512.