reglab/statecodes huggingface dataset:
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.174 - BOARD OF PHARMACY › Subchapter 24.174.5 - Licensing › Rule 24.174.523 - TRANSMISSION OF PRESCRIPTIONS BY ELECTRONIC MEANS [Renumbered]

Current through Register Vol. 13, July 5, 2024
37-7-201,
					 50-32-103,
					 MCA; IMP,
					 37-7-102,
					 37-7-201,
					 50-32-208,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.174 - BOARD OF PHARMACY › Subchapter 24.174.5 - Licensing › Rule 24.174.524 - COLLABORATIVE PRACTICE AGREEMENT REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) A pharmacist engaged in collaborative
				practice must:
(a) maintain an executed
				written copy of the collaborative practice agreement at the pharmacy and any
				other location in which the practice is occurring; and
(b) make the agreement available for
				inspection by the board.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.174 - BOARD OF PHARMACY › Subchapter 24.174.5 - Licensing › Rule 24.174.525 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
(1) "Board of Pharmaceutical Specialties"
				(BPS) means an independent nongovernmental certification body that provides
				recognition of persons involved in the advanced practice of pharmacy
				specialties through development and administration, a certification process
				that is consistent with public policy regarding the credentialing of healthcare
				professionals.
(2) "Clinical
				practice experience" means working in a pharmacy practice setting which
				includes at least 50 percent of time spent in:
(a) communication with healthcare
				professionals and patients regarding drug therapy, wellness, and health
				promotion;
(b) designing,
				implementing, monitoring, evaluating, and modifying or recommending
				modifications in drug therapy to optimize patient care;
(c) identifying, assessing, and solving
				medication-related problems and providing a clinical judgment as to the
				continuing effectiveness of the therapeutic plan;
(d) conducting physical assessment applicable
				to the area of practice, evaluating patient problems, ordering and monitoring
				medications, and/or laboratory tests in accordance with established standards
				of practice;
(e) referring patients
				to other healthcare professionals as appropriate;
(f) integrating relevant diet, exercise, and
				other non-drug therapy with pharmaceutical care;
(g) retrieving, evaluating, utilizing, and
				managing data and professional resources;
(h) documenting interventions and evaluating
				outcomes; and
(i) integrating
				national standards for the quality of healthcare.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.174 - BOARD OF PHARMACY › Subchapter 24.174.5 - Licensing › Rule 24.174.526 - REQUIREMENTS TO BECOME A CLINICAL PHARMACIST PRACTITIONER

Current through Register Vol. 13, July 5, 2024
(1) An applicant for a clinical pharmacist
				practitioner registration shall:
(a) submit an
				application on a form prescribed by the board;
(b) pay a registration fee as prescribed by
				the board;
(c) hold an active,
				unrestricted Montana pharmacist license;
(d) have completed the years of clinical
				practice experience that meet the requirements for Board of Pharmacy
				Specialties (BPS) certification or other equivalent national certification, and
				hold one of the following active certifications:
(i) BPS certification; or
(ii) nationally recognized certification
				equivalent to BPS certification standards in an area of practice as approved by
				the board and the Board of Medical Examiners (BME).
(e) submit a signed collaborative practice
				agreement to the board that includes a description of the type of supervision
				the collaborating practitioner will exercise over the clinical pharmacist
				practitioner;
(f) following
				approval of the board, submit the application and collaborative practice
				agreement to the BME for approval; and
(g) appear before the board and/or BME if
				requested.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.174 - BOARD OF PHARMACY › Subchapter 24.174.5 - Licensing › Rule 24.174.527 - REQUIREMENTS TO MAINTAIN CLINICAL PHARMACIST PRACTITIONER REGISTRATION

Current through Register Vol. 13, July 5, 2024
(1) In addition to completing the annual
				renewal requirements for a pharmacist's license, a clinical pharmacist
				practitioner must pay a clinical pharmacist practitioner annual renewal fee to
				the board.
(2) The board shall
				randomly select renewal notice forms of clinical pharmacist practitioners for
				audit of current certification and requirements for continued
				registration.
37-7-201,
					 MCA; IMP,
					 37-7-201,
					 37-7-306,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.174 - BOARD OF PHARMACY › Subchapter 24.174.5 - Licensing › Rule 24.174.528 - UNPROFESSIONAL CONDUCT

Current through Register Vol. 13, July 5, 2024
(1) A clinical
				pharmacist practitioner's registration may be disciplined by the board for
				unprofessional conduct as defined by the board in ARM
				24.174.2301.
(2) The BME may take appropriate action for
				the unlicensed practice of medicine under
				37-3-101 and
				37-1-317,
				MCA, if a clinical pharmacist practitioner exceeds the scope of practice as
				defined in
				37-7-306,
				MCA.
37-1-319,
					 37-7-201,
					 MCA; IMP,
					 37-1-316,
					 37-7-306,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.174 - BOARD OF PHARMACY › Subchapter 24.174.6 - Internship Regulations › Rule 24.174.601 - SUMMARY OF OBJECTIVES

Current through Register Vol. 13, July 5, 2024
(1) The practical
				experiences required prior to professional licensure shall be referred to as
				internship. The purpose of pharmacy internship is to provide an intern with the
				knowledge and practical experience necessary for professional
				licensure.
37-7-201,
					 MCA; IMP,
					 37-7-201,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.174 - BOARD OF PHARMACY › Subchapter 24.174.6 - Internship Regulations › Rule 24.174.602 - INTERNSHIP REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) The
				experience required to obtain licensure as a pharmacist shall be that
				instruction period composed of computed time obtained under the supervision of
				the preceptor in an approved site.
(2) An intern may practice only under the
				immediate personal supervision of a supervising pharmacist.
(3) Application shall be made on the intern
				application form prescribed by the board. Registration must be obtained prior
				to commencing work as an intern.
(4) The intern shall make such reports and
				certifications as required under the approved program and as required by the
				board.
(5) The intern is
				responsible for the knowledge and observation of the extent of the intern's
				legal liability and legal restrictions applicable under the federal, state, and
				municipal laws and rules.
(6) The
				intern shall be responsible for ensuring that the preceptor has proper
				certification.
(7) The intern is
				responsible for properly submitting all forms and hour reports under the
				approved program directly to the school of pharmacy.
(8) Employment and the intern training
				periods are not to be interpreted as being the same. An intern may work in
				excess of the computed time.
(9) An
				intern shall be:
(a) a student currently
				enrolled in an accredited pharmacy program;
(b) a graduate of an accredited pharmacy
				program serving an internship; or
(c) a graduate of a pharmacy program located
				outside the United States of America which is not accredited and who is
				licensed pursuant to ARM
				24.174.605.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.174 - BOARD OF PHARMACY › Subchapter 24.174.6 - Internship Regulations › Rule 24.174.603 - OUT-OF-STATE INTERNSHIP REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1)
				Written request by the intern must be made to the board prior to commencing
				training at an out-of-state site.
(2) The intern must comply with the rules
				relating to internship and the approved program.
(3) The intern must obtain certification of
				the training area and the preceptor from the out-of-state's board and must
				submit the same directly to the Montana Board of Pharmacy.
37-7-201,
					 MCA; IMP,
					 37-7-201,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.174 - BOARD OF PHARMACY › Subchapter 24.174.6 - Internship Regulations › Rule 24.174.604 - PRECEPTOR REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) Each
				pharmacist preceptor shall:
(a) apply for
				board approval to be a preceptor;
(b) have been actively engaged in:
(i) the practice of pharmacy for one year,
				unless otherwise approved by the board; or
(ii) other approved disciplines;
(c) be engaged in active practice
				while acting as preceptor;
(d) not
				have been convicted of violation of any statutes or rules relating to pharmacy
				within three years prior to application;
(e) be acutely aware of the responsibilities
				governing professional conduct in this state;
(f) have current knowledge of developments in
				the profession by exhibiting such attendances, readings, and actions, which
				conform to the best traditions of pharmacy;
(g) make such reports and certifications as
				required under the approved program;
(h) notify the board of any change of address
				or employment within 30 days. Change of employment shall serve to suspend
				preceptor approval until such time as reevaluation is made by the board;
(i) not be permitted to leave an
				intern work alone to assume the responsibility of a pharmacist; and
(j) complete a training course as approved by
				the board.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.174 - BOARD OF PHARMACY › Subchapter 24.174.6 - Internship Regulations › Rule 24.174.605 - FOREIGN INTERN REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) A graduate
				of a foreign school of pharmacy seeking licensure to practice as a pharmacy
				intern in the state of Montana shall:
(a)
				submit proof of a Foreign Pharmacy Graduate Examination Committee (FPGEC)
				Certification from the National Association of Boards of Pharmacy (NABP), which
				includes the following:
(i) Test of Spoken
				English (TSE);
(ii) Test of
				English as a Foreign Language (TOEFL); and
(iii) Foreign Pharmacy Graduate Equivalency
				Exam (FPGEE);
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.174 - BOARD OF PHARMACY › Subchapter 24.174.6 - Internship Regulations › Rule 24.174.611 - APPROVED TRAINING AREAS

Current through Register Vol. 13, July 5, 2024
(1) Approved
				training areas will include licensed pharmacy settings plus other health care
				and research settings approved by the board.
37-7-201,
					 MCA; IMP,
					 37-7-201,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.174 - BOARD OF PHARMACY › Subchapter 24.174.6 - Internship Regulations › Rule 24.174.612 - INTERNSHIP REQUIRED FORMS AND REPORTS

Current through Register Vol. 13, July 5, 2024
(1) Intern and internship documentation,
				hours, and forms shall be furnished by the school of pharmacy and filed
				directly to the school of pharmacy.
(a) An
				intern must be licensed by the board before computed time is
				credited.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.174 - BOARD OF PHARMACY › Subchapter 24.174.6 - Internship Regulations › Rule 24.174.613 - REVOCATION OR SUSPENSION OF CERTIFICATE

Current through Register Vol. 13, July 5, 2024
(1) An intern certificate may be suspended or
				revoked by the board for violation of any statute or rule, or failure to comply
				with the approved program after due notice.
(2) Suspension of an intern from university
				or college attendance concurrently suspends an intern's certificate of
				registration.
37-7-201,
					 MCA; IMP,
					 37-7-201,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.174 - BOARD OF PHARMACY › Subchapter 24.174.7 - Pharmacy Technicians › Rule 24.174.701 - PHARMACY TECHNICIAN REGISTRATION REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) To be registered as a pharmacy technician
				in this state, the applicant shall:
(a) be at
				least 18 years old;
(b) be a high
				school graduate or have attained an equivalent degree;
(c) be of good moral character;
(d) submit application on a form prescribed
				by the board;
(e) pay application
				fees as prescribed by the board; and
(f) submit a copy of proof of certification
				by the Pharmacy Technician Certification Board (PTCB), National Healthcareer
				Association (ExCPT), or other board-approved certifying entity.
(i) The board recognizes other Montana health
				care licensing boards as certifying entities for which licensees can assist the
				pharmacist(s) in administering vaccines, in compliance with state and federal
				requirements, under the supervision of a pharmacist, pursuant to the following
				restrictions:
(A) The health care licensee is
				in good standing with their licensing board and is authorized to administer
				vaccines under their own scope of practice. The health care licensee does not
				need a separate pharmacy technician license issued by the board.
(B) The pharmacist(s) is authorized to
				prescribe, dispense, and administer vaccines, pursuant to
				37-7-105,
				MCA, and ARM
				24.174.503,
				and in compliance with state and federal requirements.
(ii) The technician utilization plan must
				reflect use of health care licensees to assist pharmacists in administration of
				vaccines as authorized in (i) and their license must be conspicuously displayed
				at the pharmacy.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.174 - BOARD OF PHARMACY › Subchapter 24.174.7 - Pharmacy Technicians › Rule 24.174.702 - QUALIFICATIONS OF PHARMACY TECHNICIAN (Repealed)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 37-7-201,
					 MCA IMP:
					 37-7-201,
					 37-7-301,
					 37-7-307,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.174 - BOARD OF PHARMACY › Subchapter 24.174.7 - Pharmacy Technicians › Rule 24.174.703 - USE OF PHARMACY TECHNICIAN

Current through Register Vol. 13, July 5, 2024
(1) A
				pharmacy technician may not perform tasks which require the exercise of the
				pharmacist's independent professional judgment, including but not limited to,
				patient counseling, drug product selection, drug interaction review or drug
				regimen review.
(2) A pharmacy
				technician must work under the provisions of a technician utilization plan and
				the plan must be made available for inspection by the board.
(3) When a pharmacist is not in the
				prescription department, there shall be no dispensing of new prescriptions that
				the pharmacist has checked and that are waiting to be picked up, nor shall
				counseling be provided by the pharmacy technician.
(4) No medication may be released to a
				patient without review by a registered pharmacist for the accuracy and
				appropriateness of the prescription drug order.
(5) All technicians and auxiliary staff shall
				be made visually identifiable by name and job title utilizing letters of 16
				point or larger on a name badge.
(6) All pharmacy technician licenses must be
				conspicuously displayed at all times in the place of business.
AUTH:
					 37-7-201,
					 MCA IMP:
					 37-7-101,
					 37-7-201,
					 37-7-301,
					 37-7-307,
					 MCAREASON: See REASON for ARM
					 24.174.401.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.174 - BOARD OF PHARMACY › Subchapter 24.174.7 - Pharmacy Technicians › Rule 24.174.704 - PHARMACY TECHNICIAN TRAINING

Current through Register Vol. 13, July 5, 2024
(1) A
				supervising pharmacist shall:
(a) provide
				initial training to a pharmacy technician that relates to the tasks the
				technician may perform pursuant to the supervising pharmacist's utilization
				plan; and
(b) prepare and maintain
				a written record of initial and inservice training for on-site inspection by
				the board. The record shall contain the following information:
(i) name and signature of the person
				receiving the training;
(ii) dates
				of the training;
(iii) general
				description of the topics covered; and
(iv) name and signature of the person
				supervising the training.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.174 - BOARD OF PHARMACY › Subchapter 24.174.7 - Pharmacy Technicians › Rule 24.174.705 - TASKS AND FUNCTIONS OF PHARMACY TECHNICIAN

Current through Register Vol. 13, July 5, 2024
(1) Only a registered pharmacy technician may
				perform the following tasks or functions under the provisions of an approved
				utilization plan:
(a) remove a stock bottle
				from the shelf and count or pour the contents into a suitable container. The
				stock bottle must be quarantined together with the prescription until the
				supervising pharmacist performs a final check or bar coding or other available
				technology verifies the bottle contents;
(b) type a prescription label and affix it
				and auxiliary labels to a prescription bottle, with final review by the
				registered pharmacist;
(c) enter
				prescription information into an automated system under the supervision of a
				pharmacist who must be able to check all entries;
(d) maintain prescription records, including
				prescription numbers, refill data and other information on the patient profile
				system;
(e) prepackage unit dose
				drugs for internal distribution. These prepackage unit dose drugs must be
				quarantined together with bulk containers until the supervising pharmacist
				performs a final check and maintains appropriate records.
(f) answer the telephone, properly identify
				themselves as a technician, accept verbal orders for refill prescriptions from
				medical practitioners or their designated agents and issue refill requests to
				the prescriber;
(g) a pharmacy
				technician may act as agent in charge of the pharmacy to assure its integrity
				when a registered pharmacist is not physically present, but may not perform any
				duties which require the exercise of the pharmacist's independent professional
				judgment. The technician may not be left in charge for more than 30 minutes;
				and
(h) compounding if a mechanism
				for verification by the supervising pharmacist exists that includes checking
				of: the original order; additives; dosages; and clarity of IV solution, where
				appropriate.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.174 - BOARD OF PHARMACY › Subchapter 24.174.7 - Pharmacy Technicians › Rule 24.174.711 - RATIO OF PHARMACY TECHNICIANS AND INTERNS TO SUPERVISING PHARMACISTS

Current through Register Vol. 13, July 5, 2024
(1) The ratio of pharmacy technicians to
				pharmacist(s) on duty is to be determined by the pharmacist-in-charge. A
				pharmacist intern does not count against the pharmacist to pharmacy technician
				ratio.
(2) The pharmacist-in-charge
				will ensure that the number of pharmacy technicians on duty can be
				satisfactorily supervised by the pharmacist(s) on duty to ensure patient safety
				and a safe work environment, provided:
(a) in
				the professional judgment of the pharmacist on duty, the ratio and supervision
				of pharmacy technicians is adequate and manageable based on the technician's
				scope of practice, education, skill and experience, the policy and procedures
				of the pharmacy must allow for safe and accurate filling and labeling of
				prescriptions, and the ratio must be assessed with regard to the pharmacy's
				quality assurance program
,
pursuant toARM
				24.174.407;
(b) a technician utilization plan, as
				described in ARM
				24.174.712,
				must include the policy and procedures and shall be reviewed annually. All
				affected supervising pharmacists and pharmacy technicians must be familiar with
				the contents and any changes made must be reported to the board; and
(c) a copy of the policy and procedures must
				be available for inspection by the board .
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.174 - BOARD OF PHARMACY › Subchapter 24.174.7 - Pharmacy Technicians › Rule 24.174.712 - APPLICATION FOR APPROVAL OF UTILIZATION PLAN

Current through Register Vol. 13, July 5, 2024
(1) The pharmacist-in-charge may apply to the
				board for approval to use the services of a pharmacy technician, including the
				use of authorized health care licensees, as described in ARM
				24.174.701(1)(f),
				to assist pharmacists in the administration of vaccines, in compliance with
				state and federal requirements, by submitting to the board:
(a) an application on a form prescribed by
				the board;
(b) a summary of the
				technician utilization plan, to include information showing compliance with all
				requirements set forth in these rules, plus all other requirements of
				37-7-307,
				37-7-308,
				and
				37-7-309,
				MCA, and this chapter;
(c) the
				appropriate fee for initial approval of the technician utilization
				plan;
(d) any changes in the
				technician utilization plan, including technician training and use of other
				health care licensees for administration of vaccines, as described in ARM
				24.174.701(1)(f),
				must be resubmitted to the board for approval before implementation of the
				changes by the supervising pharmacist.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.174 - BOARD OF PHARMACY › Subchapter 24.174.7 - Pharmacy Technicians › Rule 24.174.713 - CONTENTS OF TRAINING COURSE

Current through Register Vol. 13, July 5, 2024
(1) A
				pharmacy technician training course must include instruction in:
(a) orientation to the practice of
				pharmacy;
(b) pharmacy terminology
				and basic pharmaceutics;
(c) state
				and federal laws relating to the practice of pharmacy;
(d) pharmaceutical calculations;
(e) processing prescription drug
				orders;
(f) telephone procedure and
				communication including taking refill requests;
(g) pharmaceutical compounding;
(h) intravenous admixture, if applicable;
				and
(i) use of pharmacy computer
				systems, if applicable.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.174 - BOARD OF PHARMACY › Subchapter 24.174.7 - Pharmacy Technicians › Rule 24.174.714 - INSPECTION OF UTILIZATION PLAN AND TRAINING RECORD

Current through Register Vol. 13, July 5, 2024
(1) The supervising pharmacist shall make the
				utilization plan available for inspection by the board during the normal
				business hours of the pharmacy.
(2)
				The pharmacy technician shall make their training record available for
				inspection by the board during the normal business hours of the
				pharmacy.
37-7-201,
					 MCA; IMP,
					 37-7-201,
					 37-7-308,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.174 - BOARD OF PHARMACY › Subchapter 24.174.7 - Pharmacy Technicians › Rule 24.174.715 - TECHNICIAN CHECK TECHNICIAN PROGRAM

Current through Register Vol. 13, July 5, 2024
(1) To participate in a technician check
				technician (TCT) program an institutional pharmacy within a hospital must meet
				the following requirements:
(a) the pharmacy
				must include TCT as a technician duty, submitted to the Board of Pharmacy by
				the pharmacist-in-charge as part of the technician utilization plan;
(b) develop a site-specific training program
				tailored to the patient population and medication distribution
				system;
(c) designate one
				pharmacist to be responsible for meeting the TCT program training and
				validation requirements;
(d)
				staffing must be adequate to support a consistent utilization of the TCT
				program;
(e) a pharmacist must
				review all orders against a medication profile containing pertinent clinical
				information about the patient (allergies, current medication, etc.);
(f) the medication description on the batch
				fill list must contain the same description as the labeling on the unit dose
				package;
(g) the drug distribution
				system must be structured so that at least one additional check of dispensed
				medications is completed prior to administration;
(h) develop policies and procedures which
				include a list of the types of work that a technician may check and the types
				of work that are excluded from being checked by a technician; and
(i) utilize the TCT program as a tool to
				redirect pharmacists from distributive tasks to cognitive and patient centered
				activities.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.174 - BOARD OF PHARMACY › Subchapter 24.174.8 - Pharmacies › Rule 24.174.801 - GENERAL LICENSE REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) The
				board shall grant a license for the operation of a pharmacy in the state of
				Montana when it is plainly shown that:
(a)
				the owner of the pharmacy is a registered pharmacist in good standing in the
				state of Montana; or
(b) the
				manager or supervisor of the pharmacy is a registered pharmacist in good
				standing in the state of Montana and that the pharmacist will be actively and
				regularly engaged and employed in, and responsible for the management,
				supervision and operation of such pharmacy.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.174 - BOARD OF PHARMACY › Subchapter 24.174.8 - Pharmacies › Rule 24.174.802 - NEW PHARMACY

Current through Register Vol. 13, July 5, 2024
(1) Prior to
				conducting business, a pharmacy must secure a license and be registered with
				the board. Application for a license to operate a new pharmacy must be reviewed
				by the board or its designee before the license may be issued.
(2) A corporation or unregistered owner, may
				secure a license on the affidavit of the registered pharmacist charged with the
				management and supervision of the pharmacy.
(3) All new pharmacies shall be in compliance
				with ARM 24.174.814 at the time the
				pharmacy is opened for business.
37-7-201,
					 MCA; IMP,
					 37-7-321,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.174 - BOARD OF PHARMACY › Subchapter 24.174.8 - Pharmacies › Rule 24.174.803 - CHANGE IN LOCATION

Current through Register Vol. 13, July 5, 2024
(1) Whenever a
				pharmacy changes its physical location, including within the existing business
				location, it shall submit a new schematic or floor plan, for board
				approval.
(2) Whenever a pharmacy
				changes its physical location outside of its then existing business location,
				its original license becomes void and must be surrendered. The pharmacy shall
				submit a new license application, including a new schematic and floor plan of
				the new location, for the board's approval at least 30 days before such change
				occurs.
37-7-201,
					 MCA; IMP,
					 37-7-321,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.174 - BOARD OF PHARMACY › Subchapter 24.174.8 - Pharmacies › Rule 24.174.804 - CHANGE IN OWNERSHIP

Current through Register Vol. 13, July 5, 2024
(1) When a pharmacy
				changes ownership, the original license becomes void and must be surrendered to
				the board, and a new license obtained by the new owner or owners. The owner
				shall submit a new license application at least 30 days prior to the change in
				ownership. The application must be reviewed by the board or its designee before
				the license may be issued.
(2) A
				change in ownership for the purposes of this rule shall be deemed to occur when
				more than 50 percent of the equitable ownership of a business is transferred in
				a single transaction or in a related series of transactions to one or more
				persons or any other legal entity.
(3) The board must be notified in writing
				when five to 50 percent of the equitable ownership of a business is transferred
				in a single transaction or in a related series of transactions to one or more
				persons or any other legal entity.
37-7-201,
					 MCA; IMP,
					 37-7-201,
					 37-7-321,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.174 - BOARD OF PHARMACY › Subchapter 24.174.8 - Pharmacies › Rule 24.174.805 - CHANGE OF PHARMACIST-IN-CHARGE

Current through Register Vol. 13, July 5, 2024
(1)
				When the pharmacist-in-charge of a pharmacy ceases to be the
				pharmacist-in-charge, the pharmacist will be held responsible for notifying the
				board in writing of such termination of services.
(2) Within 72 hours of termination of
				services of the pharmacist-in-charge, a new pharmacist-in-charge must be
				designated in writing on the appropriate board-approved form and filed with the
				board.
37-7-201,
					 MCA; IMP,
					 37-7-201,
					 37-7-321,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.174 - BOARD OF PHARMACY › Subchapter 24.174.8 - Pharmacies › Rule 24.174.806 - LICENSES TO BE POSTED

Current through Register Vol. 13, July 5, 2024
(1) The pharmacy
				license must be posted in a conspicuous place in the pharmacy.
37-7-201,
					 MCA; IMP,
					 37-7-321,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.174 - BOARD OF PHARMACY › Subchapter 24.174.8 - Pharmacies › Rule 24.174.807 - CLOSURE OF A PHARMACY

Current through Register Vol. 13, July 5, 2024
(1) Upon permanent
				closure of a pharmacy, the original license becomes void and must be
				surrendered to the board within ten days.
(2) Whenever a pharmacy permanently closes,
				the owner shall notify the board of the closing no later than 15 days prior to
				the anticipated date of closing. The notice shall be submitted in writing and
				shall include the following information:
(a)
				the date the pharmacy will close;
(b) the names and addresses of the persons
				who will have custody of the closing pharmacy's:
(i) prescription files;
(ii) bulk compounding records;
(iii) repackaging records; and
(iv) controlled substance inventory
				records.
(c) the names
				and addresses of any persons who will acquire any legend drugs from the closing
				pharmacy, if known at the time the notice is filed.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.174 - BOARD OF PHARMACY › Subchapter 24.174.8 - Pharmacies › Rule 24.174.810 - CLASS I FACILITY (REPEALED)

Current through Register Vol. 13, July 5, 2024
37-7-201,
					 MCA; IMP,
					 37-7-201(2),
					 37-7-321(2),
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.174 - BOARD OF PHARMACY › Subchapter 24.174.8 - Pharmacies › Rule 24.174.811 - CLASS II FACILITY (REPEALED)

Current through Register Vol. 13, July 5, 2024
37-7-201,
					 MCA; IMP,
					 37-7-201(2),
					 37-7-321(2),
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.174 - BOARD OF PHARMACY › Subchapter 24.174.8 - Pharmacies › Rule 24.174.812 - CLASS III FACILITY (REPEALED)

Current through Register Vol. 13, July 5, 2024
37-7-201,
					 MCA; IMP,
					 37-7-201(2),
					 37-7-321(2),
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.174 - BOARD OF PHARMACY › Subchapter 24.174.8 - Pharmacies › Rule 24.174.813 - CLASS IV FACILITY (REPEALED)

Current through Register Vol. 13, July 5, 2024
37-7-201,
					 MCA; IMP,
					 37-7-201,
					 37-7-321,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.174 - BOARD OF PHARMACY › Subchapter 24.174.8 - Pharmacies › Rule 24.174.814 - SECURITY OF PHARMACY

Current through Register Vol. 13, July 5, 2024
(1) Each
				pharmacist, while on duty, shall be responsible for the security of the
				pharmacy, including provisions for effective control against theft or diversion
				of drugs.
(a) A Schedule II controlled
				substance perpetual inventory shall be maintained and routinely reconciled in
				all pharmacies.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.174 - BOARD OF PHARMACY › Subchapter 24.174.8 - Pharmacies › Rule 24.174.817 - AUTOMATED RECORD KEEPING SYSTEMS

Current through Register Vol. 13, July 5, 2024
(1) An
				automated system may be employed for the record keeping system, if the
				following conditions have been met:
(a) The
				system shall have the capability of producing legible documents of all original
				and refilled prescription information. During the course of an on-site
				inspection the records must be accessible for viewing or printing.
(b) The individual pharmacist responsible for
				completeness and accuracy of the entries to system must provide documentation
				of the fact that prescription information entered into the computer is correct.
				In documenting this information, the pharmacy shall have the option to either:
(i) maintain a bound log book, or separate
				file, in which each individual pharmacist involved in such dispensing shall
				sign a statement each day, attesting to the fact that the prescription
				information entered into the computer that day has been reviewed and is correct
				as shown. Such a book or file must be maintained at the pharmacy employing such
				a system for a period of at least two years after the date of last dispensing;
				or
(ii) provide a printout of each
				day's prescription information. That printout shall be verified, dated and
				signed by the individual pharmacist verifying that the information indicated is
				correct and then sign this document in the same manner as signing a check or
				legal document (e.g., J. H. Smith, or John H. Smith). Such printout must be
				maintained at least two years from the date of last dispensing; or
(iii) utilize a software system which
				requires a unique log in for each function such that it can be easily and
				accurately determined who performed every function within the prescription
				dispensing process. The records must be readily accessible for viewing or
				printing at the request of the board.
(c) An auxiliary recordkeeping system shall
				be established for the documentation of refills if the automated system is
				inoperative for any reason. The auxiliary system shall insure that all refills
				are authorized by the original prescription and that the maximum number of
				refills is not exceeded. When this automated system is restored to operation,
				the information regarding prescriptions filled and refilled during the
				inoperative period shall be entered into the automated system within 96 hours.
				However, nothing in this section shall preclude the pharmacist from using his
				professional judgment for the benefit of a patient's health and
				safety.
(d) Any pharmacy using an
				automated system must comply with all applicable state and federal laws and
				regulations.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.174 - BOARD OF PHARMACY › Subchapter 24.174.8 - Pharmacies › Rule 24.174.818 - SECURITY

Current through Register Vol. 13, July 5, 2024
(1) The system shall contain adequate
				safeguards or security of the records to maintain the confidentiality and
				accuracy of the prescription or drug order information. Safeguards against
				unauthorized changes in data after the information has been entered and
				verified by the registered pharmacist shall be provided by the
				system.
37-7-201,
					 MCA; IMP,
					 37-7-201,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.174 - BOARD OF PHARMACY › Subchapter 24.174.8 - Pharmacies › Rule 24.174.819 - SANITATION AND EQUIPMENT REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1)
				Pharmacies shall at all times be operated by a registered pharmacist in a
				sanitary manner. There must be in use a safe and pure water supply and
				facilities for the proper storage and handling of supplies and
				stocks.
(2) Pharmacies shall have
				adequate space where prescriptions are filled or drugs compounded, containing
				suitable equipment in order to provide for an efficient pharmacy
				operation.
(3) Pharmacies shall
				contain and have ready for use all up-to-date items which are necessary in
				filling prescriptions, compounding drugs and the efficient operation of the
				pharmacy.
37-7-201,
					 MCA; IMP,
					 37-7-201,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.174 - BOARD OF PHARMACY › Subchapter 24.174.8 - Pharmacies › Rule 24.174.822 - CENTRAL FILLING BY HUB PHARMACIES (REPEALED)

Current through Register Vol. 13, July 5, 2024
37-7-201,
					 MCA; IMP,
					 37-7-201,
					 37-7-321,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.174 - BOARD OF PHARMACY › Subchapter 24.174.8 - Pharmacies › Rule 24.174.823 - CENTRALIZED PRESCRIPTION FILLING AND PROCESSING OF DRUG ORDERS

Current through Register Vol. 13, July 5, 2024
(1) A pharmacy may outsource prescription
				drug order filling or processing to a central filling or processing pharmacy
				provided the pharmacies:
(a) have the same
				owner or have entered into a written contract or agreement that outlines the
				services to be provided and the responsibilities and accountabilities of each
				pharmacy in compliance with federal and state laws, rules, and regulations;
				and
(b) share a common electronic
				file.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.174 - BOARD OF PHARMACY › Subchapter 24.174.8 - Pharmacies › Rule 24.174.830 - LIMITED SERVICE PHARMACY

Current through Register Vol. 13, July 5, 2024
(1) A
				limited service pharmacy is defined as a family planning clinic:
(a) operating under contract with the
				Department of Public Health and Human Services (DPHHS); or
(b) providing pharmaceutical care under the
				review of a consulting pharmacist and dispensing legend drugs, but which is not
				under contract with DPHHS.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.174 - BOARD OF PHARMACY › Subchapter 24.174.8 - Pharmacies › Rule 24.174.831 - PRESCRIPTION REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) Prescriptions
				[or drug orders] shall include, but not be limited to:
(a) patient's name;
(b) name of drug, device, or
				biological;
(c) strength of drug or
				biological, if applicable;
(d)
				dosage form of drug or biological, if applicable;
(e) quantity of drug, device, or biological
				prescribed;
(f) directions for
				use;
(g) date of
				issuance;
(h) prescriber's name;
(i) if the prescription is written, it must
				contain the prescriber's hand-written signature and the name of the prescriber
				stamped, typed, printed, or clearly handwritten in addition to the
				signature;
(ii) if the prescription
				is written, it must be tamper-resistant and contain all of the following
				characteristics:
(A) one or more
				industry-recognized features designed to prevent unauthorized copying of a
				completed or blank prescription form;
(B) one or more industry-recognized features
				designed to prevent the erasure or modification of information written on the
				prescription pad by the prescriber; and
(C) one or more industry-recognized features
				designed to prevent the use of counterfeit prescription forms.
(i) number of refills
				authorized;
(i) when the refill designation
				on the prescription is prn or Pro re nata, such designation, unless otherwise
				limited, means a refill for one year;
(ii) if a prescription is for a controlled
				substance in Schedules III, IV, or V, refill five times in the six months from
				the date of issuance;
(iii) if a
				prescription is for a noncontrolled drug, device, or biological, refill for 12
				months from the date of issuance;
(iv) controlled substances in Schedule II
				cannot be refilled and a refill designation for a controlled substance in
				Schedule II has no meaning.
(j) if the prescription is for a controlled
				substance, the following additional information is required to be on the
				prescription:
(i) patient's address;
(ii) prescriber's address; and
(iii) prescriber's Drug Enforcement
				Administration (DEA) registration number.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.174 - BOARD OF PHARMACY › Subchapter 24.174.8 - Pharmacies › Rule 24.174.832 - LABELING FOR PRESCRIPTIONS

Current through Register Vol. 13, July 5, 2024
(1) On prescription
				drugs, the label shall contain the name, address and phone number of the
				dispenser, name of prescriber, name of patient, name and strength of the drug,
				directions for use and date of filling.
(2) The prescription label must be securely
				attached to the outside of the container in which the prescription is
				dispensed.
AUTH:
					 37-7-201,
					 MCA; IMP:
					 37-7-201,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.174 - BOARD OF PHARMACY › Subchapter 24.174.8 - Pharmacies › Rule 24.174.833 - RECORDS OF DISPENSING

Current through Register Vol. 13, July 5, 2024
(1) Records of
				dispensing for original and refill prescriptions are to be made and kept by
				pharmacies for at least two years and shall include, but not be limited to:
(a) quantity dispensed, if
				different;
(b) date of
				dispensing;
(c) serial number [or
				equivalent if an institution];
(d)
				the identification of the pharmacist responsible for dispensing;
(e) documentation of satisfaction of state
				requirements for drug product selection;
(f) records of refills to date.
(Note: Information presented in brackets [ ] represents
				  institutional pharmacy requirements.)
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.174 - BOARD OF PHARMACY › Subchapter 24.174.8 - Pharmacies › Rule 24.174.834 - COPY OF PRESCRIPTION

Current through Register Vol. 13, July 5, 2024
(1) A pharmacist
				giving a copy of a prescription, must issue the same on a prescription blank
				showing the name and address of the pharmacy. It must be an accurate and
				correct copy and have the original number and date of the prescription on it.
(2) It shall be unlawful for any
				pharmacist or other person to fill a prescription for a legend drug from a
				pharmacy-produced copy.
AUTH:
					 37-7-201,
					 MCA; IMP:
					 37-7-101,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.174 - BOARD OF PHARMACY › Subchapter 24.174.8 - Pharmacies › Rule 24.174.835 - TRANSFER OF PRESCRIPTIONS

Current through Register Vol. 13, July 5, 2024
(1) The transfer
				of prescription information for the purpose of dispensing is permissible
				between pharmacies subject to DEA regulations and the following requirements:
(a) the transfer is communicated directly
				between two licensed pharmacists/interns; and
(b) a retrievable audit trail, including the
				date of transfer and initials or code of the transferring parties, is
				maintained for a period of two years.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.174 - BOARD OF PHARMACY › Subchapter 24.174.8 - Pharmacies › Rule 24.174.836 - EMERGENCY PRESCRIPTION REFILLS

Current through Register Vol. 13, July 5, 2024
(1) A pharmacist
				may refill a prescription without practitioner authorization when:
(a) the pharmacist is unable to contact the
				practitioner after reasonable effort; and
(b) in the professional judgment of the
				pharmacist, failure to refill the prescription may result in an interruption of
				a therapeutic regimen or cause patient suffering.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.174 - BOARD OF PHARMACY › Subchapter 24.174.8 - Pharmacies › Rule 24.174.837 - PRESCRIPTION REQUIRED FOR SCHEDULE V

Current through Register Vol. 13, July 5, 2024
(1) All products
				which are presently defined as exempt narcotics (Schedule V) of the
				Comprehensive Controlled Substances Act, Public Law (91-513) shall require a
				prescription from one with the authority to prescribe.
AUTH:
					 37-7-201,
					 MCA; IMP:
					 37-7-102,
					 37-7-201,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.174 - BOARD OF PHARMACY › Subchapter 24.174.8 - Pharmacies › Rule 24.174.838 - RETURNED PRESCRIPTION

Current through Register Vol. 13, July 5, 2024
(1) In the best
				interest of, and for the safety and protection of public health and the
				pharmacy, no pharmacist shall place in stock for reuse or resale the contents
				of any prescription, which has been returned after leaving the pharmacy except
				as provided in ARM
				24.174.1141.
AUTH:
					 37-7-201,
					 37-7-1401,
					 MCA; IMP:
					 37-7-201,
					 37-7-1401,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.174 - BOARD OF PHARMACY › Subchapter 24.174.8 - Pharmacies › Rule 24.174.839 - ALTERNATE DELIVERY OF PRESCRIPTIONS

Current through Register Vol. 13, July 5, 2024
(1) Under the
				provisions of
				37-7-301, MCA,
				it shall be deemed a violation of the pharmacy law for any person or
				corporation holding a pharmacy license to participate in any arrangement or
				agreement whereby prescriptions may be left at, picked up from, accepted by or
				delivered to any store, shop or any other establishment not licensed by the
				board as a "pharmacy".
(a) Nothing in this
				rule shall prohibit a licensed pharmacy from picking up prescriptions or
				delivering prescriptions at the office or home of the prescriber, and at the
				residence of the patient or at the hospital in which a patient is confined, by
				means of an employee or a common carrier.
(b) Nothing in this rule shall prohibit a
				registered pharmacist from installing an appropriate secure device as an
				alternate delivery system, when the pharmacy is closed. The system and
				counseling methods must have the prior approval of the board or its designee.