Montana Code > Title 37 > Chapter 2 > Part 1 – Prescribing and Dispensing of Drugs


§ 37-2-101	Definitions
§ 37-2-102	Practices declared unlawful between drug companies and medical practitioners — exception
§ 37-2-103	Practices declared unlawful between medical practitioners and pharmacies — exceptions
§ 37-2-104	Dispensing of drugs by medical practitioners — registration — exceptions
§ 37-2-105	Duty of county attorneys
§ 37-2-106	Existing ownership of pharmacy
§ 37-2-107	Civil penalty for unreadable prescription
§ 37-2-108	Restriction on prescriptions for opioid-naive patients — exceptions
§ 37-2-111	Repealed

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Terms Used In Montana Code > Title 37 > Chapter 2 > Part 1 - Prescribing and Dispensing of Drugs

Collaborative pharmacy practice agreement: has the meaning provided in 37-7-101. See Montana Code 37-2-101
Community pharmacy: when used in relation to a medical practitioner, means a pharmacy situated within 10 miles of any place at which the medical practitioner maintains an office for professional practice. See Montana Code 37-2-101
Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
Contract: A legal written agreement that becomes binding when signed.
Controlled substance: has the meaning provided in 37-7-101. See Montana Code 37-2-101
Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
Dispense: has the meaning provided in 37-7-101. See Montana Code 37-2-101
Drug: has the meaning provided in 37-7-101. See Montana Code 37-2-101
Drug company: means any person engaged in the manufacturing, processing, packaging, or distribution of drugs. See Montana Code 37-2-101
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.
Knowingly: means only a knowledge that the facts exist which bring the act or omission within the provisions of this code. See Montana Code 1-1-204
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
Naturopathic physician: means a person licensed under Title 37, chapter 26, to practice naturopathic health care. See Montana Code 37-2-101
Opioid: has the meaning of "opiate" provided in 50-32-101. See Montana Code 37-2-101
Opioid-naive patient: means a patient who has not been prescribed a drug containing an opioid in the 90 days prior to the acute event or surgery for which an opioid is prescribed. See Montana Code 37-2-101
Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
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
Usual: means according to usage. See Montana Code 1-1-206