Montana Code 37-7-703. Registration requirements
37-7-703. Registration requirements. Each out-of-state mail service pharmacy must be registered with the board of pharmacy. In order to be registered with the board to do business in this state and for the renewal of its registration, an out-of-state mail service pharmacy:
Terms Used In Montana Code 37-7-703
- Board: means the board of pharmacy provided for in 2-15-1733. See Montana Code 37-7-101
- Compounding: means the preparation, mixing, assembling, packaging, or labeling of a drug or device based on:
(a)a practitioner's prescription drug order;
(b)a professional practice relationship between a practitioner, pharmacist, and patient;
(c)research, instruction, or chemical analysis, but not for sale or dispensing; or
(d)the preparation of drugs or devices based on routine, regularly observed prescribing patterns. See Montana Code 37-7-101
- Department: means the department of labor and industry provided for in Title 2, chapter 15, part 17. See Montana Code 37-7-101
- 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
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Person: includes an individual, partnership, corporation, association, or other legal entity. See Montana Code 37-7-101
- 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
- Pharmacy: means an established location, either physical or electronic, registered by the board where drugs or devices are dispensed with pharmaceutical care or where pharmaceutical care is provided. 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
- United States: includes the District of Columbia and the territories. See Montana Code 1-1-201
- Utilization plan: means a plan under which a pharmacist may use the services of a pharmacy technician in the practice of pharmacy to perform tasks that:
(a)do not require the exercise of the pharmacist's independent professional judgment; and
(b)are verified by the pharmacist. See Montana Code 37-7-101
(1)(a) shall submit a certificate from the appropriate licensing authority with which it is currently licensed and in good standing in the state in which its dispensing facilities are located; and
(b)shall comply with all applicable laws, regulations, and standards of that state and the United States and, if requested by the board, provide evidence that it has complied;
(2)shall register with the board and provide information on ownership and location, including the names and titles of the corporate officers, of the out-of-state mail service pharmacy and the identity of a pharmacist licensed in the state in which the pharmacy is located who is in charge of dispensing prescriptions for shipment to Montana from the out-of-state mail service pharmacy;
(3)shall submit a utilization plan for the employment of pharmacy technicians if allowed by the state where the mail service pharmacy is located. If the state in which the pharmacy is located does not establish a ratio of technicians to pharmacists for determining the number of pharmacy technicians or otherwise define the role of the pharmacist in compounding or dispensing drugs at the pharmacy, then the out-of-state mail service pharmacy may not allow a pharmacist to supervise more than one supportive person at any one time in the compounding or dispensing of prescription drugs, unless approved by the board as provided in 37-7-307 through 37-7-309.
(4)shall submit to the board proof of the pharmacist’s good standing with the licensing authority in the state where the pharmacist is employed and the pharmacist’s written commitment to comply with the utilization plan, if any, for each pharmacist identified under subsection (2) and shall provide to the board the same toll-free telephone service referenced in 37-7-706 in order to comply with all information requests by the board; and
(5)shall pay an initial registration fee and a periodic renewal fee in an amount to be determined by the board and at a time established by the department by rule.