37-7-507. Savings passed on. (1) A pharmacist selecting a less expensive drug product must pass on to the purchaser the full amount of the savings realized by the product selection. In no event may the pharmacist charge a different professional fee for dispensing a different drug product than the drug product originally prescribed.

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Terms Used In Montana Code 37-7-507

  • dispensing: means the interpretation, evaluation, and implementation of a prescription drug order, including the preparation and delivery of a drug or device to a patient or patient's agent in a suitable container appropriately labeled for administration to or use by a patient. 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

  • Drug product: means a dosage form containing one or more active therapeutic ingredients along with other substances included during the manufacturing process. See Montana Code 37-7-502
  • Generic name: means the chemical or established name of a drug product or drug ingredient published in the latest edition of an official compendium recognized by the board. See Montana Code 37-7-502
  • Pharmacist: means a person licensed by the state to engage in the practice of pharmacy and who may affix to the person's name the term "R. See Montana Code 37-7-101
  • Prescriber: means a medical practitioner, as defined in 37-2-101, licensed under the professional laws of the state to administer and prescribe medicine and drugs. See Montana Code 37-7-502
  • Product selection: means to dispense without the prescriber's express authorization a different drug product in place of the drug product prescribed. See Montana Code 37-7-502
  • Therapeutically equivalent: means those chemical equivalents that, when administered in the same dosage regimen, will provide essentially the same therapeutic effect as measured by the control of a symptom or a disease and/or toxicity. See Montana Code 37-7-502

(2)If the prescriber prescribes a drug product by its generic name, the pharmacist must, consistent with reasonable judgment, dispense the lowest retail priced, therapeutically equivalent brand which is in stock.