Terms Used In Montana Code > Title 37 > Chapter 7 > Part 1 - General

• Administer: means the direct application of a drug to the body of a patient by injection, inhalation, ingestion, or any other means. See Montana Code 37-7-101
• Board: means the board of pharmacy provided for in 2-15-1733. See Montana Code 37-7-101
• Cancer drug: means a prescription drug used to treat:

  (a)cancer or its side effects; or

  (b)the side effects of a prescription drug used to treat cancer or its side effects. See Montana Code 37-7-101

• Chemical: means medicinal or industrial substances, whether simple, compound, or obtained through the process of the science and art of chemistry, whether of organic or inorganic origin. See Montana Code 37-7-101
• Collaborative pharmacy practice: means the practice of pharmacy by a pharmacist who has agreed to work in conjunction with one or more prescribers, on a voluntary basis and under protocol, and who may perform certain patient care functions under certain specified conditions or limitations authorized by the prescriber. See Montana Code 37-7-101
• Commercial purposes: means the ordinary purposes of trade, agriculture, industry, and commerce, exclusive of the practices of medicine and pharmacy. 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

• Contract: A legal written agreement that becomes binding when signed.
• Controlled substance: means a substance designated in Schedules II through V of Title 50, chapter 32, part 2. See Montana Code 37-7-101
• 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.
• 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
• 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

• FDA: means the United States food and drug administration. See Montana Code 37-7-101
• Health clinic: means a facility in which advice, counseling, diagnosis, treatment, surgery, care, or services relating to preserving or maintaining health are provided on an outpatient basis for a period of less than 24 consecutive hours to a person not residing at or confined to the facility. See Montana Code 37-7-101
• Hospital: has the meaning provided in 50-5-101. See Montana Code 37-7-101
• Immunization-certified pharmacist: means a pharmacist who:

  (a)has successfully completed an immunization delivery course of training that is approved by the accreditation council for pharmacy education or by an authority approved by the board and that, at a minimum, includes instruction in hands-on injection technique, clinical evaluation of indications and contraindications of immunizations, storage and handling of immunizations, and documentation and reporting; and

  (b)holds a current basic cardiopulmonary resuscitation certification issued by the American heart association, the American red cross, or another recognized provider. See Montana Code 37-7-101

• Intern: means :

  (a)a person who is licensed by the state to engage in the practice of pharmacy while under the personal supervision of a preceptor and who is satisfactorily progressing toward meeting the requirements for licensure as a pharmacist;

  (b)a graduate of an accredited college of pharmacy who is licensed by the state for the purpose of obtaining practical experience as a requirement for licensure as a pharmacist;

  (c)a qualified applicant awaiting examination for licensure; or

  (d)a person participating in a residency or fellowship program. See Montana Code 37-7-101

• Medicine: means a remedial agent that has the property of curing, preventing, treating, or mitigating diseases or which is used for this purpose. See Montana Code 37-7-101
• Outsourcing facility: means a facility at one geographic location or address that:

  (a)engages in compounding of sterile drugs;

  (b)has elected to register as an outsourcing facility with FDA; and

  (c)complies with all the requirements of section 353b of the Federal Food, Drug, and Cosmetic Act, 21 U. See Montana Code 37-7-101

• 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.
• Patient counseling: means the communication by the pharmacist of information, as defined by the rules of the board, to the patient or caregiver in order to ensure the proper use of drugs or devices. See Montana Code 37-7-101
• Person: includes an individual, partnership, corporation, association, or other legal entity. See Montana Code 37-7-101
• Pharmaceutical care: means the provision of drug therapy and other patient care services intended to achieve outcomes related to the cure or prevention of a disease, elimination or reduction of a patient's symptoms, or arresting or slowing of a disease process. 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
• Pharmacy technician: means an individual who assists a pharmacist in the practice of pharmacy. See Montana Code 37-7-101
• Practice of pharmacy: means :

  (a)interpreting, evaluating, and implementing prescriber orders;

  (b)administering drugs and devices pursuant to a collaborative practice agreement, except as provided in 37-7-105, and compounding, labeling, dispensing, and distributing drugs and devices, including patient counseling;

  (c)properly and safely procuring, storing, distributing, and disposing of drugs and devices and maintaining proper records;

  (d)prescribing drugs and devices in accordance with 37-7-106;

  (e)monitoring drug therapy and use;

  (f)initiating or modifying drug therapy in accordance with collaborative pharmacy practice agreements established and approved by health care facilities or voluntary agreements with prescribers;

  (g)participating in quality assurance and performance improvement activities;

  (h)providing information on drugs, dietary supplements, and devices to patients, the public, and other health care providers; and

  (i)participating in scientific or clinical research as an investigator or in collaboration with other investigators. See Montana Code 37-7-101

• Preceptor: means an individual who is registered by the board and participates in the instructional training of a pharmacy intern. See Montana Code 37-7-101
• Prescription drug: means any drug that is required by federal law or regulation to be dispensed only by a prescription subject to section 353(b) of the Federal Food, Drug, and Cosmetic Act, 21 U. See Montana Code 37-7-101
• Prescription drug order: means an order from a prescriber for a drug or device that is communicated directly or indirectly by the prescriber to the furnisher by means of a signed order, by electronic transmission, in person, or by telephone. See Montana Code 37-7-101
• Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
• Property: means real and personal property. See Montana Code 1-1-205
• Registry: means the prescription drug registry provided for in 37-7-1502. 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

• Wholesale: means a sale for the purpose of resale. See Montana Code 37-7-101