Montana Code 37-2-103. Practices declared unlawful between medical practitioners and pharmacies — exceptions
37-2-103. Practices declared unlawful between medical practitioners and pharmacies — exceptions. (1) It is unlawful for a medical practitioner other than a pharmacist to own, directly or indirectly, a community pharmacy. This subsection does not prohibit a medical practitioner from dispensing a drug that the medical practitioner is permitted to dispense under 37-2-104.
Terms Used In Montana Code 37-2-103
- Community pharmacy: when used in relation to a medical practitioner, means a pharmacy situated within 10 miles of any place at which the medical practitioner maintains an office for professional practice. See Montana Code 37-2-101
- Dispense: has the meaning provided in 37-7-101. See Montana Code 37-2-101
- Drug: has the meaning provided in 37-7-101. See Montana Code 37-2-101
- Knowingly: means only a knowledge that the facts exist which bring the act or omission within the provisions of this code. See Montana Code 1-1-204
- Medical practitioner: means any person licensed by the state of Montana to engage in:
(a)the practice of medicine, dentistry, osteopathy, podiatry, or optometry;
(b)the practice of pharmacy and authorized to:
(i)prescribe immunizations pursuant to 37-7-105; or
(ii)prescribe drugs pursuant to 37-7-106 or in accordance with a collaborative pharmacy practice agreement; or
(c)a nursing specialty as described in 37-8-202 and in the licensed practice to administer or prescribe drugs. See Montana Code 37-2-101
- Pharmacy: has the meaning provided in 37-7-101. See Montana Code 37-2-101
(2)It is unlawful for a medical practitioner, directly or indirectly, to solicit or to knowingly receive from a community pharmacy or for a community pharmacy knowingly to pay or promise to pay to a medical practitioner any rebate, refund, discount, commission, or other valuable consideration for, on account of, or based upon income received or resulting from the sale or furnishing by the community pharmacy of drugs to patients of a medical practitioner.
(3)Subsection (2) does not prohibit a pharmacy licensed under Title 37, chapter 7, from undertaking activities allowed under Title 37, chapter 7.