Montana Code 50-32-208. Prescription and medical requirements for scheduled drugs — penalty
50-32-208. Prescription and medical requirements for scheduled drugs — penalty. (1) (a) No dangerous drug in Schedule II may be dispensed without the written or electronic prescription of a practitioner.
Terms Used In Montana Code 50-32-208
- Board: means the board of pharmacy provided for in 2-15-1733. See Montana Code 50-32-101
- Conviction: A judgement of guilt against a criminal defendant.
- Dangerous drug: means a drug, substance, or immediate precursor in Schedules I through V set forth in Title 50, chapter 32, part 2. See Montana Code 50-32-101
- Person: means an individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, or any other legal entity. See Montana Code 50-32-101
- Practitioner: means :
(a)a physician, dentist, veterinarian, scientific investigator, or other person licensed, registered, or otherwise permitted to distribute, dispense, or conduct research with respect to or to administer a dangerous drug in the course of professional practice or research in this state;
(b)a pharmacy or other institution licensed, registered, or otherwise permitted to distribute, dispense, or conduct research with respect to or to administer a dangerous drug in the course of professional practice or research in this state; and
(c)a physician licensed to practice medicine or a dentist licensed to practice dentistry in another state. See Montana Code 50-32-101
- Prescription: means an order given individually for the person for whom prescribed, directly from the prescriber to the furnisher or indirectly to the furnisher, by means of an order signed by the prescriber and bearing the name and address of the prescriber, the prescriber's license classification, the name of the patient, the name and quantity of the drug or drugs prescribed, the directions for use, and the date of its issue. See Montana Code 50-32-101
- Writing: includes printing. See Montana Code 1-1-203
(b)In emergency situations, as defined by rule of the board, Schedule II drugs may be dispensed upon a practitioner’s oral prescription reduced promptly to writing and filed by the pharmacy. Prescriptions must be retained in conformity with the requirements of 50-32-309. A prescription for a Schedule II drug may not be refilled.
(2)A dangerous drug included in Schedule III or IV, which is a prescription drug as determined under the federal or Montana food, drug, and cosmetic acts, may not be dispensed without a written, electronic, or oral prescription of a practitioner. The prescription may not be filled or refilled more than 6 months after the date of the prescription or be refilled more than five times unless renewed by the practitioner.
(3)A dangerous drug included in Schedule V may not be distributed or dispensed other than for a medical purpose.
(4)A person who violates the provisions of this section is guilty of a misdemeanor and upon conviction may be fined an amount not to exceed $1,000 or be imprisoned in the county jail for a term not to exceed 1 year, or both fined and imprisoned.