Montana Code 37-2-107. Civil penalty for unreadable prescription
37-2-107. Civil penalty for unreadable prescription. (1) A medical practitioner may not issue a written prescription, to be delivered to a patient or pharmacy, in such a manner that the name of the drug, the dosage, the instructions for use, the printed name or other identifying letters or numbers unique to the medical practitioner, and, if required, the federal drug enforcement agency identifying number cannot be read by a registered pharmacist licensed to practice in this state.
Terms Used In Montana Code 37-2-107
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Drug: has the meaning provided in 37-7-101. See Montana Code 37-2-101
- 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
- Person: means any individual and any partnership, firm, corporation, association, or other business entity. See Montana Code 37-2-101
- Pharmacy: has the meaning provided in 37-7-101. See Montana Code 37-2-101
- State: means the state of Montana or any political subdivision of the state. See Montana Code 37-2-101
(2)Any person may file a complaint alleging a violation of subsection (1) with the board that licensed the medical practitioner who issued the prescription. The board may investigate the complaint and take any action and impose any sanction allowed by the statutes relating to the board and rules adopted by the board. Each board licensing a medical practitioner shall adopt rules to implement this section.
(3)The board may refer the complaint to the county attorney of the county in which the prescription was issued, whether or not the board itself has taken any action or imposed any sanction. A county attorney may not file an action alleging a violation of subsection (1) unless a complaint has been referred to the county attorney by the medical practitioner’s licensing board.
(4)A medical practitioner who violates subsection (1) is guilty of a civil offense and may be punished by a civil penalty of not more than $500 for each prescription.