reglab/statecodes huggingface dataset:
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.174 - BOARD OF PHARMACY › Subchapter 24.174.14 - Dangerous Drug Act › Rule 24.174.1423

Current through Register Vol. 13, July 5, 2024
AUTH:
					 50-32-103,
					 MCA; IMP:
					 50-32-103,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.174 - BOARD OF PHARMACY › Subchapter 24.174.14 - Dangerous Drug Act › Rule 24.174.1424

Current through Register Vol. 13, July 5, 2024
AUTH:
					 50-32-103,
					 MCA; IMP:
					 50-32-103,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.174 - BOARD OF PHARMACY › Subchapter 24.174.15 - Cancer Drug Repository › Rule 24.174.1501 - PARTICIPATION

Current through Register Vol. 13, July 5, 2024
(1) A pharmacy or facility may fully
				participate in the cancer drug repository program by accepting, storing and
				dispensing, or administering donated drugs and supplies, or may limit its
				participation to only accepting and storing donated drugs and supplies. If a
				pharmacy or facility chooses to limit its participation, the pharmacy or
				facility shall distribute any donated drugs to a fully participating
				repository.
(2) A pharmacy or
				facility may withdraw from participation in the cancer drug repository program
				at any time, upon notification to the board. A notice to withdraw shall be in
				writing.
(3) Any patient who is
				diagnosed with cancer is eligible to receive drugs or supplies under the cancer
				drug repository program.
(4) Cancer
				drugs may be donated to a pharmacy or facility.
(5) Participation in the program is
				voluntary.
(6) There is no
				limitation on the number of doses that can be donated to the program as long as
				the donated drugs meet the requirements of these regulations.
37-7-1401,
					 MCA; IMP,
					 37-7-1401,
					 37-7-1403,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.174 - BOARD OF PHARMACY › Subchapter 24.174.15 - Cancer Drug Repository › Rule 24.174.1502 - DONATION OF CANCER DRUGS

Current through Register Vol. 13, July 5, 2024
(1) Any person
				or entity may donate cancer drugs to the program. Any person or entity who
				donates to the program must contact a pharmacy or facility to obtain a form on
				which the donor must specify the cancer drug to be donated. The board will
				supply the form to be used which will include:
(a) name of the cancer drug;
(b) quantity of the cancer drug;
(c) the name of the person to whom the cancer
				drug was originally prescribed;
(d)
				the relationship between the person or entity donating the cancer drug and the
				person to whom the drug was prescribed;
(e) signature of the person donating the
				cancer drug; and
(f) date the form
				was signed.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.174 - BOARD OF PHARMACY › Subchapter 24.174.15 - Cancer Drug Repository › Rule 24.174.1503 - ACCEPTABLE CANCER DRUGS

Current through Register Vol. 13, July 5, 2024
(1) The
				following categories of drugs are acceptable for dispensing or distribution
				under the program:
(a) a cancer drug that is
				in its original, unopened, sealed, and tamper-evident packaging;
(b) a cancer drug packaged in single unit
				doses if the outside packaging is opened, but the single unit dose packaging is
				unopened;
(c) a cancer drug that
				does not require refrigeration, freezing, or other special temperature
				requirements beyond controlled room temperature; and
(d) an injectable cancer drug if it does not
				have temperature requirements other than controlled room temperature.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.174 - BOARD OF PHARMACY › Subchapter 24.174.15 - Cancer Drug Repository › Rule 24.174.1504 - NONACCEPTABLE CANCER DRUGS

Current through Register Vol. 13, July 5, 2024
(1) The
				following categories of drugs are not acceptable for dispensing or distribution
				under the program, because the effectiveness and safety of the cancer drug
				cannot be ensured or is otherwise prohibited:
(a) a cancer drug that is adulterated or
				misbranded;
(b) a cancer drug in
				packaging that has been opened, unsealed, or tampered with, or that is no
				longer in its original container;
(c) a cancer drug packaged in single unit
				doses if the outside packaging is opened and the single unit dose packaging is
				also opened;
(d) a cancer drug that
				requires refrigeration, freezing, or other special temperature requirements
				beyond controlled room temperature;
(e) controlled substances; and
(f) a cancer drug that has expired before
				dispensing to the patient.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.174 - BOARD OF PHARMACY › Subchapter 24.174.15 - Cancer Drug Repository › Rule 24.174.1505 - DISPENSING AND DISTRIBUTION OF CANCER DRUGS

Current through Register Vol. 13, July 5, 2024
(1) A pharmacy or facility must comply with
				all applicable provisions of state and federal law relating to the storage,
				distribution, and dispensing of donated cancer drugs.
(2) A pharmacy or facility must inspect all
				such drugs prior to dispensing or distributing to determine if they are
				adulterated, misbranded, or expired.
(3) The following are authorized to dispense
				drugs:
(a) practitioners with prescriptive
				authority; and
(b) licensed
				pharmacists.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.174 - BOARD OF PHARMACY › Subchapter 24.174.15 - Cancer Drug Repository › Rule 24.174.1506 - STORAGE REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) The pharmacy
				or facility that receives donated cancer drugs for dispensing or distribution
				must:
(a) provide equipment for the storage
				of cancer drugs donated to the program at controlled room
				temperature;
(b) maintain the
				inventory of donated cancer drugs separate from all other drug inventory of the
				pharmacy or facility; and
(c)
				establish a secure location for the storage of the donated cancer
				drugs.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.174 - BOARD OF PHARMACY › Subchapter 24.174.15 - Cancer Drug Repository › Rule 24.174.1507 - RECORD-KEEPING REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) A pharmacy
				or facility must maintain a perpetual inventory log book of all donated cancer
				drugs received, dispensed, or distributed.
(2) The perpetual inventory log book must
				contain the following information regarding all donated cancer drugs received,
				dispensed, or distributed:
(a) name of the
				cancer drug;
(b) quantity of the
				cancer drug;
(c) expiration date of
				the cancer drug;
(d) lot number of
				the cancer drug;
(e) name of
				pharmacy or facility;
(f) name of
				person who donated the cancer drug;
(g) name of the person to whom the cancer
				drug was dispensed;
(h) date the
				cancer drug was dispensed;
(i) name
				of the prescribing practitioner who wrote the prescription for the cancer drug
				to be dispensed under the program;
(j) name of the pharmacy or facility which
				the cancer drug was distributed;
(k) date the cancer drug was distributed to
				another pharmacy or facility;
(l)
				date of destruction of the expired cancer drug; and
(m) the amount of the handling fee charged,
				if any.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.174 - BOARD OF PHARMACY › Subchapter 24.174.15 - Cancer Drug Repository › Rule 24.174.1508 - HANDLING FEE

Current through Register Vol. 13, July 5, 2024
(1) A pharmacy or
				facility that receives donated cancer drugs may charge a handling fee to the
				patient for dispensing or distribution of cancer drugs under the
				program.
(2) The handling fee must
				not exceed the applicable Medicaid dispensing fee.
37-7-1401,
					 MCA; IMP,
					 37-7-1401,
					 37-7-1405,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.174 - BOARD OF PHARMACY › Subchapter 24.174.15 - Cancer Drug Repository › Rule 24.174.1509 - PHARMACY OR FACILITY REGISTRY

Current through Register Vol. 13, July 5, 2024
(1) The
				board shall establish and maintain a pharmacy or facility registry for the
				program.
(2) The pharmacy or
				facility registry shall include:
(a)
				pharmacy's or facility's name;
(b)
				pharmacy's or facility's address;
(c) pharmacy's or facility's telephone
				number; and
(d) whether the
				pharmacy or facility is in a practitioner's office, a pharmacy, a clinic, or a
				hospital.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.174 - BOARD OF PHARMACY › Subchapter 24.174.15 - Cancer Drug Repository › Rule 24.174.1510 - INSPECTIONS AND TERMINATION FROM PROGRAM

Current through Register Vol. 13, July 5, 2024
(1) The board may, in its discretion, inspect
				pharmacy or facilities in the program for compliance with the storage and
				record-keeping requirements of this subchapter.
(2) In the event of noncompliance with the
				storage and record-keeping requirements of this subchapter, the board may
				terminate the pharmacy's or facility's participation in the program.
37-7-1401,
					 MCA; IMP,
					 37-7-1401,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.174 - BOARD OF PHARMACY › Subchapter 24.174.16 - Professional Assistance Program › Rule 24.174.1601 - MEDICAL ASSISTANCE PROGRAM PURPOSE

Current through Register Vol. 13, July 5, 2024
(1) The Montana Board of Pharmacy has
				established a medical assistance program which provides assistance,
				rehabilitation, and aftercare monitoring to pharmacists, pharmacist interns,
				certified pharmacy technicians, and pharmacy technicians-in-training under the
				jurisdiction of the board, who are suspected and/or found to be physically or
				mentally impaired by habitual intemperance or the excessive use of addictive
				drugs, alcohol, or any other drug or substance, or by mental or chronic
				physical illness.
(2) The board
				encourages and shall permit the rehabilitation of licensees if, in the board's
				opinion, public health, safety, and welfare can be assured. Early intervention
				and referral are paramount to promoting public health, safety, and
				welfare.
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 24.174.16 - Professional Assistance Program › Rule 24.174.1602 - REPORTING OF SUSPECTED IMPAIRMENT

Current through Register Vol. 13, July 5, 2024
(1)
				Individuals, entities, or associations may report information to the board of
				suspected impairment of a licensee or license applicant, as provided in
				37-7-201,
				MCA.
(2) Individuals, entities, or
				associations may report information of suspected impairment of a licensee or
				license applicant to the appropriate personnel of the medical assistance
				program established by the board, in lieu of reporting to the board, as
				provided in
				37-7-201,
				MCA.
(3) Reports received by the
				board of suspected impaired licensees may be referred to the medical assistance
				program at the board's discretion through the nondisciplinary track, without
				formal disciplinary action against the licensee.
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 24.174.16 - Professional Assistance Program › Rule 24.174.1603 - PROTOCOL FOR SELF-REPORTING TO A BOARD-ESTABLISHED MEDICAL ASSISTANCE PROGRAM

Current through Register Vol. 13, July 5, 2024
(1) If a licensee
				chooses to self-report to the board-established medical assistance program, and
				the medical assistance program has determined that the licensee needs
				assistance or supervision, the licensee shall be required to:
(a) enter into a contractual agreement with
				the medical assistance program for the specified length of time determined by
				the medical assistance program; and
(b) abide by all the requirements set forth
				by the medical assistance program.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.174 - BOARD OF PHARMACY › Subchapter 24.174.16 - Professional Assistance Program › Rule 24.174.1604 - RESPONSIBILITIES OF MEDICAL ASSISTANCE PROGRAM

Current through Register Vol. 13, July 5, 2024
(1) The medical assistance program
				established by the board as set forth in
				37-7-201,
				MCA, shall fulfill the terms of its contract with the board, which will
				include, but not be limited to, the following:
(a) providing two tracks for assistance of
				licensees:
(i) a disciplinary track;
				and
(ii) a nondisciplinary
				track;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.174 - BOARD OF PHARMACY › Subchapter 24.174.16 - Professional Assistance Program › Rule 24.174.1605 - PROTOCOL FOR DISCIPLINARY TRACK

Current through Register Vol. 13, July 5, 2024
(1) All
				licensees who participate in the medical assistance program under the
				disciplinary track shall be reported to the board by name.
(2) A licensee is placed in the disciplinary
				track by one or more of the following:
(a) as
				a condition of licensure imposed by a board final order;
(b) as a result of a sanction imposed by a
				board final order;
(c) as a result
				of noncompliance with the licensee's contractual agreement with the program;
				or
(d) pursuant to an agreement
				between the licensee and the screening panel or the full board upon
				licensure.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.174 - BOARD OF PHARMACY › Subchapter 24.174.16 - Professional Assistance Program › Rule 24.174.1606 - PROTOCOL FOR NONDISCIPLINARY TRACK

Current through Register Vol. 13, July 5, 2024
(1) A
				licensee who participates in the medical assistance program under the
				nondisciplinary track shall be reported to the board by participant
				number.
(2) The identity of the
				participant who is noncompliant or refuses a reasonable request by the medical
				assistance program shall be reported to the board.
(3) If the board determines that a
				participant does not abide by all terms and conditions of the medical
				assistance program, the participant will be referred to the screening panel of
				the board for appropriate action under the disciplinary track.
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 24.174.16 - Professional Assistance Program › Rule 24.174.1607 - REPORTING TO THE BOARD

Current through Register Vol. 13, July 5, 2024
(1) The screening
				panel of the board must receive a written compliance status report from the
				medical assistance program at intervals established by the contract between the
				program and the board regarding each program participant:
(a) under a monitoring agreement;
(b) referred to the program; or
(c) in the process of evaluation or
				treatment.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.174 - BOARD OF PHARMACY › Subchapter 24.174.16 - Professional Assistance Program › Rule 24.174.1608 - PARTICIPANT DISCHARGE REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) The
				medical assistance program shall facilitate participant discharge from the
				program.
(2) The discharge criteria
				must be determined by the board in conjunction with the recommendations of the
				medical assistance program.
(3) The
				following are required upon discharge of a participant from the endorsed
				medical assistance program:
(a) report of the
				discharge of the participant to the board:
(i) verification of satisfactory completion
				of monitoring, program requirements, and appropriate assurance of public
				safety;
(ii) completion of board
				final order terms and conditions with medical assistance program recommendation
				for discharge and release; and
(iii) request by a participant to transfer
				assistance into an appropriate endorsed medical assistance program in another
				jurisdiction; such transfer to be confirmed by the program.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.174 - BOARD OF PHARMACY › Subchapter 24.174.16 - Professional Assistance Program › Rule 24.174.1609 - RELAPSE REPORTING

Current through Register Vol. 13, July 5, 2024
(1) The medical
				assistance program shall define what constitutes "relapse" for each particular
				participant and determine if and when relapse has occurred.
(a) A participant who has a single episode of
				relapse and/or early detection of relapse with nominal substance abuse may be
				reported to the board by the medical assistance program.
(b) A participant who has a second or severe
				relapse must be reported by the medical assistance program to the board
				screening panel for review.
(c) The
				board shall take disciplinary action against the license of a person in a
				medical assistance program if, in the period under contract, the licensee has
				on three separate occasions returned to the use of a prohibited or proscribed
				substance.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.174 - BOARD OF PHARMACY › Subchapter 24.174.17 - Prescription Drug Registry › Rule 24.174.1701 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
(1) "Authorized user" means a prescriber,
				pharmacist, Board of Pharmacy staff, Montana Medicare or Medicaid programs,
				Tribal Health, Indian Health Service, and Veterans Affairs.
(2) "Authorized agent" means a designated
				person authorized access by an authorized user. An authorized agent for a
				pharmacist must be a pharmacy intern or certified pharmacy
				technician.
37-7-1512,
					 MCA; IMP,
					 37-7-1512,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.174 - BOARD OF PHARMACY › Subchapter 24.174.17 - Prescription Drug Registry › Rule 24.174.1702 - INFORMATION REQUIRED FOR SUBMISSION

Current through Register Vol. 13, July 5, 2024
(1)
				Each entity licensed by the board as a community pharmacy or as an out-of-state
				mail service pharmacy that dispenses to patients in Montana shall provide the
				following controlled substances dispensing information to the board:
(a) pharmacy name, address, telephone number,
				and drug enforcement administration number;
(b) full name, address, telephone number,
				gender, species code, and date of birth for whom the prescription was
				written;
(c) full name, address,
				telephone number, and drug enforcement administration registration number of
				the prescriber;
(d) date the
				prescription was issued by the prescriber;
(e) date the prescription was filled and sold
				by the pharmacy;
(f) number of
				refills;
(g) indication of whether
				the prescription dispensed is new or a refill;
(h) name, national drug code number,
				strength, quantity, dosage form, and days' supply of the actual drug
				dispensed;
(i) prescription number
				assigned to the prescription order; and
(j) source of payment for the prescription
				that indicates one of the following:
(i)
				cash;
(ii) insurance; or
(iii) government subsidy.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.174 - BOARD OF PHARMACY › Subchapter 24.174.17 - Prescription Drug Registry › Rule 24.174.1703 - ELECTRONIC FORMAT REQUIRED FOR THE TRANSMISSION OF INFORMATION

Current through Register Vol. 13, July 5, 2024
(1) All prescription information submitted to
				the board pursuant to ARM
				24.174.1702,
				must be transmitted in the format specified by the American Society for
				Automation in Pharmacy (ASAP), version 4.2A, dated 2016, at a minimum, which is
				adopted and incorporated by reference.
(a)
				Entities must contact ASAP directly to obtain the technical specification of
				the ASAP standard; and
(b) The
				acceptable methods of electronic reporting are Secure File Transfer Protocol
				(SFTP), file upload via a secure web-based interface, and/or manual data entry
				of prescription information via a secure web-based interface. The secure
				web-based interface is provided by the system vendor maintained by the
				board.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.174 - BOARD OF PHARMACY › Subchapter 24.174.17 - Prescription Drug Registry › Rule 24.174.1704 - REQUIREMENTS FOR SUBMITTING PRESCRIPTION REGISTRY INFORMATION TO THE BOARD

Current through Register Vol. 13, July 5, 2024
(1) All prescription drug order information
				for controlled substances shall be submitted to the board pursuant to this
				subchapter.
(2) A pharmacy shall
				submit all prescription drug order information for a controlled substance or a
				zero report to the board no later than close of the next business day after the
				date of dispensing the controlled substance or the zero report.
(3) A pharmacy that does not dispense
				controlled substances shall notify the board by submitting an appropriate
				board-approved form attesting that the pharmacy does not dispense controlled
				substances. A pharmacy is not exempt from reporting requirements until it
				receives approval from the board.
(a) The
				board-approved form submitted by a pharmacy that does not dispense controlled
				substances shall be maintained on file with the board and at the pharmacy's
				location.
(b) A pharmacy's exempt
				status does not end unless the pharmacy is either issued a new license number
				or until the pharmacy dispenses a controlled substance.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.174 - BOARD OF PHARMACY › Subchapter 24.174.17 - Prescription Drug Registry › Rule 24.174.1705 - FAILURE TO REPORT PRESCRIPTION INFORMATION

Current through Register Vol. 13, July 5, 2024
(1) A pharmacy that fails to submit
				prescription information to the board as required is deemed to have committed
				unprofessional conduct for which discipline may be imposed under
				37-1-312,
				MCA.
37-1-319,
					 37-7-1512,
					 MCA; IMP,
					 37-1-312,
					 37-7-1513,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.174 - BOARD OF PHARMACY › Subchapter 24.174.17 - Prescription Drug Registry › Rule 24.174.1706 - REGISTRY INFORMATION REVIEW AND UNSOLICITED PATIENT PROFILES

Current through Register Vol. 13, July 5, 2024
(1) The board or their designee(s) may review
				and compile information contained in the registry to identify evidence of
				possible misuse or diversion of controlled substances.
(2) In instances of possible misuse or
				diversion, the executive director will promptly report by telephone, e-mail, or
				postal mail the patient's profile information to practitioners and pharmacists
				who have provided care to that patient.
(3) The following factors are suggestive, but
				not conclusive evidence of misuse or diversion:
(a) four or more prescribers in a 60-day
				period; or
(b) four or more
				pharmacies in a 60-day period.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.174 - BOARD OF PHARMACY › Subchapter 24.174.17 - Prescription Drug Registry › Rule 24.174.1708 - ACCESS TO PRESCRIPTION DRUG REGISTRY INFORMATION

Current through Register Vol. 13, July 5, 2024
(1) The following persons may have direct
				online access to prescription drug registry information:
(a) licensed practitioners having authority
				to prescribe controlled substances, or that practitioner's authorized agent,
				for the purpose of providing medical and/or pharmaceutical care for their
				patients, or for patients referred for medical care and/or pharmaceutical
				care;
(b) licensed pharmacists
				authorized to dispense controlled substances, or that pharmacist's authorize
				agent, for the purpose of providing pharmaceutical care for their patients or
				for patients referred for care;
(c)
				designated representatives from the Montana Medicare or Medicaid programs,
				Tribal Health, Indian Health Service, and Veterans Affairs regarding program
				recipients;
(d) board staff,
				including executive director, inspectors, and program manager; and
(e) any vendor or contractor establishing or
				maintaining the prescription drug registry.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.174 - BOARD OF PHARMACY › Subchapter 24.174.17 - Prescription Drug Registry › Rule 24.174.1709 - REGISTRY INFORMATION RETENTION

Current through Register Vol. 13, July 5, 2024
(1)
				Patient information contained in the registry shall be destroyed three years
				after the original date of submission of the information to the
				registry.
(2) Pursuant to
				37-7-1508,
				MCA, a government entity or law enforcement agency may request that specific
				information in the registry, related to an open investigation, be retained
				beyond the three-year destruction requirement by submitting a written request
				to the board on a form provided by the board.
37-7-1512,
					 MCA; IMP,
					 37-7-1508,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.174 - BOARD OF PHARMACY › Subchapter 24.174.17 - Prescription Drug Registry › Rule 24.174.1711 - ADVISORY GROUP

Current through Register Vol. 13, July 5, 2024
(1) The board shall
				establish a prescription drug registry advisory group, to provide information
				and advice about the development and operation of the prescription drug
				registry.
(2) The advisory group
				shall consist of, but is not limited to, representatives of:
(a) Montana boards of pharmacy, medical
				examiners, nursing, and dentistry;
(b) Montana pharmacy associations, medical
				associations, nursing associations, dental associations, and associations that
				advocate for patients;
(c) tribal
				health, Medicaid and Medicare, and public health agencies;
(d) the Department of Justice; and
(e) the Montana Legislature.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.174 - BOARD OF PHARMACY › Subchapter 24.174.17 - Prescription Drug Registry › Rule 24.174.1712 - Prescription Drug Registry Fee

Current through Register Vol. 13, July 5, 2024
(1) Every
				person licensed under Title 37, MCA, to prescribe or dispense prescription
				drugs shall pay a fee to the board for the purpose of establishing and
				maintaining the prescription drug registry.
(2) The fee is considered a renewal fee and
				shall be collected by the department when the license is renewed.
(3) The annual prescription drug registry fee
				is $30.
AUTH:
					 37-1-134,
					 37-7-1511,
					 37-7-1512,
					 MCA IMP:
					 37-1-134,
					 37-1-141,
					 37-7-1511,
					 37-7-1512,MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.174 - BOARD OF PHARMACY › Subchapter 24.174.17 - Prescription Drug Registry › Rule 24.174.1713 - RELEASE OF PRESCRIPTION DRUG REGISTRY INFORMATION TO OTHER ENTITIES

Current through Register Vol. 13, July 5, 2024
(1) The board shall provide prescription
				registry information to public or private entities for public research, policy,
				or educational purposes, but only after removing information that identifies or
				could reasonably be used to identify individuals or entities whose information
				is contained in the registry.
(2)
				The board may charge a fee to a person who requests information under this
				rule.
37-7-1512,
					 MCA; IMP,
					 37-7-1506,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.174 - BOARD OF PHARMACY › Subchapter 24.174.17 - Prescription Drug Registry › Rule 24.174.1715 - INTERSTATE EXCHANGE OF REGISTRY INFORMATION

Current through Register Vol. 13, July 5, 2024
(1) The board may enter into agreements with
				other states to exchange prescription drug registry information if the other
				states restrict disclosure and maintain confidentiality to the same extent as
				provided in
				37-7-1506,
				MCA, and this subchapter.
37-7-1512,
					 MCA; IMP,
					 37-7-1506,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.174 - BOARD OF PHARMACY › Subchapter 24.174.18 - Medical Practitioner Dispensing › Rule 24.174.1801 - QUALIFICATIONS FOR DISPENSER REGISTRATION

Current through Register Vol. 13, July 5, 2024
(1) An applicant for a registration to
				dispense drugs as a medical practitioner, pursuant to
				37-2-104,
				MCA, shall:
(a) be a licensed medical
				practitioner as defined in
				37-2-101(7),
				MCA;
(b) be in good standing as
				that term is defined in this chapter;
(c) complete the application on a form
				supplied by the board;
(d) pay the
				required application fee and renewal fee; and
(e) be located in Montana.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.174 - BOARD OF PHARMACY › Subchapter 24.174.18 - Medical Practitioner Dispensing › Rule 24.174.1802 - DISPENSING REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) A dispenser
				registrant shall:
(a) create a written or
				electronic prescription drug order for each drug dispensed and maintain such
				information in the patient's chart or record, pursuant to ARM
				24.174.831,
				and
				37-7-101(43)
				and
				50-31-307,
				MCA, which shall include the following, but not be limited to:
(i) patient's name;
(ii) name of drug;
(iii) strength;
(iv) dosage form;
(v) quantity;
(vi) directions for use;
(vii) date of issuance; and
(viii) prescriber's name;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.174 - BOARD OF PHARMACY › Subchapter 24.174.18 - Medical Practitioner Dispensing › Rule 24.174.1803 - DISPENSER RECORDKEEPING REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) A registrant shall keep readily
				retrievable at each dispensing location records of dispensing and inventory,
				pursuant to ARM
				24.174.833:
(a) a copy of the registrant's dispenser
				license;
(b) a record of each
				final verification check by the registrant;
(c) the registrant's protocols for handling
				drug recalls, including the arrangements for notifying patients;
(d) the registrant's protocols for disposal
				of drugs;
(e) with respect to a
				supplier from whom the registrant purchased prescription drugs:
(i) the name, address, and phone number of
				each wholesale drug distributor supplier, as defined in
				37-7-602(8),
				MCA, and ARM
				24.174.1201;
				and
(ii) documentation including:
(A) for each wholesale drug distributor
				supplier, the number and the expiration date of the license issued by the
				board; and
(B) for any pharmacy
				supplier acting as a wholesale drug distributor, the number and the expiration
				date of the pharmacy license issued by the board;
(f) any other purchasing,
				inventory, and dispensing records required by state or federal statutes or
				regulations;
(g) a manual or
				electronic dispensing record must be maintained separately from the patient
				medical record and kept for a minimum of two years. If an electronic health
				information system, as defined in
				37-7-101(22),
				MCA, is utilized, the system must be able to produce a separate dispensing
				record; and
(h) the dispensing
				record must show, at a minimum, the following for original and subsequent fills
				or refills, in compliance with ARM 24.174.833:
(i) name of patient;
(ii) unique identifier;
(iii) dose, dosage form, quantity dispensed,
				and either the brand name of drug or generic name and name of
				manufacturer;
(iv) directions for
				use;
(v) date of dispensing;
				and
(vi) initials of registrant
				dispensing the prescription.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.174 - BOARD OF PHARMACY › Subchapter 24.174.19 - Veterinary Retail Facilities › Rule 24.174.1901 - VETERINARY RETAIL FACILITY LICENSE REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) Applicants for licensure as a veterinary
				retail facility must:
(a) submit a completed
				application form;
(b) pay the
				required application fee or renewal fee;
(c) designate a registered veterinary
				dispensing technician as person-in-charge; and
(d) comply with the provisions of
				37-18-803, MCA.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.174 - BOARD OF PHARMACY › Subchapter 24.174.19 - Veterinary Retail Facilities › Rule 24.174.1902 - VETERINARY RETAIL FACILITY REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) A veterinary retail facility may dispense
				veterinary prescription drugs as defined in
				37-18-801, MCA, upon receipt of a
				Montana licensed veterinarian's prescription, standing order, or other order
				for use in livestock. Drugs must be dispensed by a veterinary dispensing
				technician registered with the Board of Veterinary Medicine.
(2) A veterinary retail facility may refill a
				prescription only if the initial prescription authorizes a specific number of
				refills, or as identified in a standing order or other appropriate
				authorization from the prescribing veterinarian.
(3) All licensed veterinary retail facilities
				shall:
(a) maintain readily accessible written
				or electronic records of veterinary prescription drug inventory and
				prescriptions for two years after dispensing, and make the records available
				for board inspection;
(b) provide
				for secure storage of and accurate recordkeeping for veterinary prescription
				medications, records, and drug inventory;
(c) limit access to veterinary prescription
				medications and records to the facility's person-in-charge and registered
				veterinary dispensing technician(s) only;
(d) store veterinary prescription drugs
				separately from over-the-counter drugs and as recommended by the
				manufacturer;
(e) operate in a
				sanitary manner;
(f) purchase
				veterinary prescriptions drugs, as defined in
				37-18-801, MCA, from a wholesale
				distributor or pharmacy licensed by the board;
(g) maintain policies and procedures to
				manage and dispose of outdated, expired, damaged, or returned drugs to prevent
				such drugs from being dispensed, distributed, or resold. Facilities may utilize
				a reverse distributor licensed as a wholesale distributor by the board;
				and
(h) create and maintain a
				dispensing record and a client information sheet that includes the following:
(i) name, address, and telephone number of
				the Montana licensed prescribing veterinarian;
(ii) client name;
(iii) identification of animals or herds
				treated;
(iv) date(s) each
				prescription was written, and the drugs dispensed;
(v) name and quantity of dispensed
				drug;
(vi) directions for the
				drug's dosage, frequency, and duration for use;
(vii) manufacturer's cautionary statements;
				and
(viii) manufacturer's
				expiration date.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.174 - BOARD OF PHARMACY › Subchapter 24.174.21 - Renewals and Continuing Education › Rule 24.174.2101 - PHARMACIES-ANNUAL RENEWAL (Repealed)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 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 24.174.21 - Renewals and Continuing Education › Rule 24.174.2102 - PHARMACY TECHNICIAN-RENEWAL (Repealed)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 37-7-201,
					 MCA IMP:
					 37-1-141,
					 37-7-201,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.174 - BOARD OF PHARMACY › Subchapter 24.174.21 - Renewals and Continuing Education › Rule 24.174.2103 - RENEWALS (Repealed)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 37-1-319,
					 37-7-201,
					 MCA IMP:
					 37-1-131,
					 37-1-141,
					 37-1-306,
					 37-7-201,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.174 - BOARD OF PHARMACY › Subchapter 24.174.21 - Renewals and Continuing Education › Rule 24.174.2104 - REGISTERED PHARMACIST CONTINUING EDUCATION-REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) The nationally accepted measurement of
				continuing education, the continuing education unit (CEU), will be the
				measurement employed by the board. Ten hours of approved continuing education
				credit equal one CEU.
(2) The
				board will require:
(a) 1.5 CEU for each
				fiscal year if a pharmacist takes at least 0.5 CEU in an approved group
				program; or
(b) 2.0 CEU for each
				fiscal year if a pharmacist does not take at least 0.5 CEU in an approved group
				program.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.174 - BOARD OF PHARMACY › Subchapter 24.174.21 - Renewals and Continuing Education › Rule 24.174.2105 - REGISTERED PHARMACIST CONTINUING EDUCATION -SUBJECTS

Current through Register Vol. 13, July 5, 2024
(1) Continuing pharmaceutical education will
				include, but will not be limited to, appropriate professional post graduate
				education in any of the following subjects:
(a) properties and actions of drugs and
				dosage forms;
(b) etiology,
				pathophysiology, clinical course, therapy and prognosis of diseases;
(c) pharmacy practice; and
(d) legal, psychological and socioeconomic
				aspects of health care delivery.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.174 - BOARD OF PHARMACY › Subchapter 24.174.21 - Renewals and Continuing Education › Rule 24.174.2106 - REGISTERED PHARMACIST CONTINUING EDUCATION-APPROVED PROGRAMS

Current through Register Vol. 13, July 5, 2024
(1) Continuing education programs sponsored
				by providers that are approved by the following organizations will
				automatically qualify for continuing education credit:
(a) the American Council on Pharmaceutical
				Education (ACPE);
(b) programs that
				have been approved for Continuing Medical Education (CME) by a state Board of
				Medical Examiners or its equivalent; or
(c) programs that have been approved for CME
				by an accredited CME provider.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.174 - BOARD OF PHARMACY › Subchapter 24.174.21 - Renewals and Continuing Education › Rule 24.174.2107 - REGISTERED PHARMACIST CONTINUING EDUCATION-NONCOMPLIANCE (Repealed)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 37-1-319, MCA
					 IMP:
					 37-1-141,
					 37-1-306,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.174 - BOARD OF PHARMACY › Subchapter 24.174.24 - Disciplinary/Complaint Procedures › Rule 24.174.2401 - SCREENING PANEL (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 37-7-201,
					 MCA; IMP:
					 37-1-307,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.174 - BOARD OF PHARMACY › Subchapter 24.174.24 - Disciplinary/Complaint Procedures › Rule 24.174.2402 - COMPLAINT PROCEDURE (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 37-7-201,
					 MCA; IMP:
					 37-1-308,
					 37-1-309,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.174 - BOARD OF PHARMACY › Subchapter 24.174.24 - Disciplinary/Complaint Procedures › Rule 24.174.2403 - LEGAL SUSPENSION OR REVOCATION (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 37-7-201,
					 MCA; IMP:
					 37-7-201,
					 37-7-311,
					 37-7-321,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.177 - BOARD OF PHYSICAL THERAPY EXAMINERS › Subchapter 24.177.1 - Organizational Rule › Rule 24.177.101 - BOARD ORGANIZATION

Current through Register Vol. 13, July 5, 2024
(1) The Board of
				Physical Therapy Examiners adopts and incorporates the organizational rules of
				the Department of Labor and Industry as listed in chapter 1 of this
				title.
AUTH:
					 2-4-201,
					 MCA; IMP:
					 2-4-201,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.177 - BOARD OF PHYSICAL THERAPY EXAMINERS › Subchapter 24.177.2 - Procedural Rules › Rule 24.177.201 - PROCEDURAL RULES

Current through Register Vol. 13, July 5, 2024
(1) The Board of
				Barbers and Cosmetologists adopts and incorporates the procedural rules of the
				department as listed in chapter 2 of this title.
AUTH:
					 2-4-201,
					 MCA; IMP:
					 2-4-201,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.177 - BOARD OF PHYSICAL THERAPY EXAMINERS › Subchapter 24.177.2 - Procedural Rules › Rule 24.177.202 - PUBLIC PARTICIPATION

Current through Register Vol. 13, July 5, 2024
(1) The Board of
				Physical Therapy Examiners adopts and incorporates the public participation
				rules of the Department of Labor and Industry as listed in chapter 2 of this
				title.
AUTH:
					 2-3-103,
					 MCA; IMP:
					 2-3-103,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.177 - BOARD OF PHYSICAL THERAPY EXAMINERS › Subchapter 24.177.4 - General Provisions › Rule 24.177.401 - FEES

Current through Register Vol. 13, July 5, 2024
(1) Applicant and license fees are as
				follows:
(a) The fee for NPTE or NPTAE
				examinations is set by the examination administrator and is paid by the
				applicant directly to the Federation of State Boards of Physical Therapy
				(FSBPT).
(b) Original license
				application fee $100
(c)
				Out-of-state license application fee 125
(d) Temporary license fee 100
(e) Compact privilege fee - The fee has been
				established by the board for services or privileges rendered by the board. This
				is part of a fee paid by the applicant directly to the PT Compact Commission.
				50
(f) Renewal fee 60
(g) Jurisprudence reexamination (each retake)
				25.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.177 - BOARD OF PHYSICAL THERAPY EXAMINERS › Subchapter 24.177.4 - General Provisions › Rule 24.177.405 - PHYSICAL THERAPY AIDES, LICENSE EXEMPTION, AND SUPERVISION

Current through Register Vol. 13, July 5, 2024
(1) As used in these rules, the following
				definitions apply:
(a) "Physical therapy
				aide" as defined in
				37-11-101,
				MCA, means an unlicensed individual who has received appropriate, documented,
				on the job orientation and training by a physical therapist or physical
				therapist assistant. The physical therapy aide performs designated unskilled
				tasks.
(b) "Direct supervision"
				means that the supervising physical therapist or physical therapist assistant
				is onsite (on the premises physically) and immediately available for direction
				and supervision of the physical therapy aide at all times.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.177 - BOARD OF PHYSICAL THERAPY EXAMINERS › Subchapter 24.177.4 - General Provisions › Rule 24.177.410 - LIST OF LICENSED PHYSICAL THERAPISTS (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 37-1-134,
					 37-11-201,
					 MCA; IMP:
					 37-11-201,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.177 - BOARD OF PHYSICAL THERAPY EXAMINERS › Subchapter 24.177.4 - General Provisions › Rule 24.177.413 - DRY NEEDLING

Current through Register Vol. 13, July 5, 2024
(1) Dry needling is
				a skilled technique performed by a physical therapist using a mechanical
				device, filiform needles, to penetrate the skin and/or underlying tissues to
				affect change in body structures and functions for the evaluation and
				management of neuromusculoskeletal conditions, pain, movement impairments, and
				disability.
(2) Dry needling
				requires a physical therapy examination and diagnosis.
(3) Licensed physical therapists who perform
				dry needling must be able to demonstrate they have completed training in dry
				needling that must meet the American Physical Therapy Association (APTA)
				GUIDELINES: STANDARDS OF QUALITY FOR CONTINUING EDUCATION OFFERINGS BOD G
				11-03-22-69 and/or the Federation of State Boards of Physical Therapists
				(FSBPT) STANDARDS FOR CONTINUING COMPETENCE ACTIVITIES.
(a) Dry needling courses must include, but
				not be limited to, training in indications, contraindications, potential risks,
				proper hygiene, proper use and disposal of needles, and appropriate selection
				of clients.
(b) Initial training in
				dry needling must include hands-on training, written, and practical examination
				as required by this rule.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.177 - BOARD OF PHYSICAL THERAPY EXAMINERS › Subchapter 24.177.5 - Licensing › Rule 24.177.501 - EXAMINATIONS

Current through Register Vol. 13, July 5, 2024
(1) The examination will be the national
				physical therapy exam (NPTE) or another equivalent examination as the board
				may, in its discretion, approve and adopt for physical therapist applicants.
				The examination for physical therapist assistants will be the national physical
				therapist assistant examination (NPTAE) or another equivalent examination as
				the board may, in its discretion, approve and adopt.
(2) Exact examination dates will be
				established by the current testing service as the national uniform testing
				dates.
(3) Applicants for
				examination shall file with the board office an application which shall include
				the following:
(a) application fee;
				and
(b) either:
(i) a copy of the applicant's certificate of
				graduation or transcripts demonstrating graduation from a board-approved
				physical therapy school or physical therapist assistant curriculum;
				or
(ii) a letter from and bearing
				the signature of the program director, department chairperson, or similarly
				authorized official in a board-approved physical therapy school or physical
				therapist assistant curriculum stating that the applicant is a student at the
				physical therapy school or physical therapist assistant curriculum, is in good
				standing, and is expected to graduate at the next scheduled graduation
				date.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.177 - BOARD OF PHYSICAL THERAPY EXAMINERS › Subchapter 24.177.5 - Licensing › Rule 24.177.503 - MILITARY TRAINING OR EXPERIENCE

Current through Register Vol. 13, July 5, 2024
(1)
				Pursuant to
				37-1-145,
				MCA, the board shall accept relevant military training, service, or education
				toward the requirements for licensure as a physical therapist or physical
				therapist assistant.
(2) Relevant
				military training, service, or education must be completed by an applicant
				while a member of either:
(a) United States
				Armed Forces;
(b) United States
				Reserves;
(c) state national
				guard; or
(d) military
				reserves.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.177 - BOARD OF PHYSICAL THERAPY EXAMINERS › Subchapter 24.177.5 - Licensing › Rule 24.177.504 - TEMPORARY PERMIT

Current through Register Vol. 13, July 5, 2024
(1) Physical
				therapist or physical therapist assistant applicants for licensure by
				examination may be issued a temporary permit. The temporary permit shall
				identify the licensed physical therapist who shall be responsible for providing
				direct supervision. The temporary permit is valid until the applicant either
				fails the first national examination for which the applicant is eligible or
				passes the examination and is granted a license. Only one temporary permit will
				be issued per applicant.
(2) If the
				applicant fails the examination, the applicant may sit for the next scheduled
				examination. A temporary permit will not be extended while the applicant is
				waiting to retake the examination.
AUTH:
					 37-1-131,
					 37-1-319, MCA;
					 IMP:
					 37-1-131,
					 37-1-305
					 MCA