Terms Used In Montana Code > Title 37 > Chapter 7 > Part 15 - Prescription Drug Registry

• 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
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Board: means the board of pharmacy provided for in 2-15-1733. 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
• 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
• Department: means the department of labor and industry provided for in Title 2, chapter 15, part 17. 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

• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• 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.
• Health care facility: has the meaning provided in 50-5-101. See Montana Code 37-7-101
• Health information system: means one of the following systems used to compile and manage patient health care information:

  (a)an electronic health record system;

  (b)a health information exchange approved by the board;

  (c)a pharmacy dispensing system; or

  (d)a system defined by the board by rule. See Montana Code 37-7-101

• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Peace officer: has the meaning as defined in 46-1-202. See Montana Code 1-1-207
• 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
• 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
• 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
• Subpoena: A command to a witness to appear and give testimony.
• Willfully: when applied to the intent with which an act is done or omitted, means a purpose or willingness to commit the act or make the omission referred to. See Montana Code 1-1-204