Montana Code 37-7-1507. Prescription drug registry — immunity
37-7-1507. Prescription drug registry — immunity. (1) A person or entity that complies with the reporting requirements of 37-7-1503 is not subject to civil liability or other legal or equitable relief for reporting the information to the board.
Terms Used In Montana Code 37-7-1507
- Board: means the board of pharmacy provided for in 2-15-1733. See Montana Code 37-7-101
- Drug: means a substance:
(a)recognized as a drug in any official compendium or supplement;
(b)intended for use in diagnosis, cure, mitigation, treatment, or prevention of disease in humans or animals;
(c)other than food, intended to affect the structure or function of the body of humans or animals; and
(d)intended for use as a component of a substance specified in subsection (16)(a), (16)(b), or (16)(c). See Montana Code 37-7-101
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: includes an individual, partnership, corporation, association, or other legal entity. See Montana Code 37-7-101
- Registry: means the prescription drug registry provided for in 37-7-1502. See Montana Code 37-7-101
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
(2)Unless a court of competent jurisdiction finds that a person or entity committed an unlawful act pursuant to 37-7-1513, a person or entity in proper possession of information pursuant to this part is not subject to civil liability or other legal or equitable relief for any of the following acts or omissions:
(a)furnishing information pursuant to 37-7-1502 through 37-7-1506;
(b)receiving, using or relying on, or not using or relying on information received pursuant to 37-7-1502 through 37-7-1506; or
(c)relying on information that was entered into the registry in error, was factually incorrect, or was released by the board to the wrong person or entity.
(3)The immunity provisions of this section do not apply to the board, a state agency, or any political subdivision of the state.