Terms Used In Montana Code > Title 3 > Chapter 10 - Justices' Courts

• Acknowledgment: means a declaration by an individual appearing before a notarial officer that the individual has willingly signed a record for the purposes stated in the record and, if the record is signed in a representative capacity, that the individual signed the record with proper authority and signed the record as the act of the individual or entity identified in the record. See Montana Code 1-5-602
• Acupuncture: means a form of primary health care that is developed from traditional oriental and modern medical philosophies for providing evaluation, diagnosis, and treatment of human conditions, ailments, diseases, injuries, or infirmities. See Montana Code 37-13-103
• 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
• Agency: means an office, position, commission, committee, board, department, council, division, bureau, section, or any other entity or instrumentality of the executive branch of state government. See Montana Code 2-15-102
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appearing before: means :

  (a)being in the same physical location as another person and close enough to see, hear, communicate with, and exchange identification credentials with that individual; or

  (b)interacting with another individual by means of communication technology in compliance with this part. See Montana Code 1-5-602

• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Arrest: Taking physical custody of a person by lawful authority.
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
• Audiologist: means a person who practices audiology and who meets the qualifications set forth in this chapter. See Montana Code 37-15-102
• Audiology assistant: means any person meeting the minimum requirements established by the board of speech-language pathologists and audiologists who works directly under the supervision of a licensed audiologist. See Montana Code 37-15-102
• Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
• Bioavailability: means the extent and rate of absorption from a dosage form as reflected by the time-concentration curve of the administered drug in the systemic circulation. See Montana Code 37-7-502
• Bioequivalent: means a chemical equivalent that, when administered to the same individual in the same dosage regimen, will result in comparable bioavailability. See Montana Code 37-7-502
• Biological product: has the meaning provided in 42 U. See Montana Code 37-7-502
• Board: means the board of pharmacy provided for in 2-15-1733. See Montana Code 37-7-101
• Board: means the Montana alternative health care board provided for in 2-15-1730. See Montana Code 37-13-103
• Board: means the board of speech-language pathologists and audiologists provided for in 2-15-1739. See Montana Code 37-15-102
• 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
• Clinical pharmacist practitioner: means a licensed pharmacist in good standing who meets the requirements specified in 37-7-306. 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
• Communication technology: means a real-time, two-way audiovisual electronic device or process that:

  (a)allows a notarial officer located in this state and a remotely located individual to communicate with each other simultaneously by sight and sound;

  (b)facilitates communication with a remotely located individual with a vision, hearing, or speech impairment when necessary under and consistent with applicable law; and

  (c)complies with this part and implementing rules. See Montana Code 1-5-602

• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• 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

• Confidential patient information: means privileged information accessed by, maintained by, or transmitted to a pharmacist in patient records or that is communicated to the patient as part of patient counseling. 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
• Conviction: A judgement of guilt against a criminal defendant.
• 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.
• Credential analysis: means a process or service operating according to criteria approved by the secretary of state through which a third person affirms the validity of a government-issued identification credential through review of public and proprietary data sources. See Montana Code 1-5-602
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Data: means any information stored on information technology resources. See Montana Code 2-15-102
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Department: means a principal functional and administrative entity that:

  (a)is created by this chapter within the executive branch of state government;

  (b)is one of the 20 principal departments permitted under the constitution; and

  (c)includes its units. See Montana Code 2-15-102

• Department: means the department of labor and industry provided for in Title 2, chapter 15, part 17. 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 37-15-102
• Department head: means a director, commission, board, commissioner, or constitutional officer in charge of a department created by this chapter. See Montana Code 2-15-102
• Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
• Deposition: means a written declaration under oath or affirmation, made upon notice to the adverse party for the purpose of enabling the adverse party to attend and cross-examine. See Montana Code 1-1-202
• Director: means a department head specifically referred to as a director in this chapter and does not mean a commission, board, commissioner, or constitutional officer. See Montana Code 2-15-102
• Dispenser: means a retail pharmacy, a hospital pharmacy, a group of chain pharmacies under common ownership and control that do not act as a wholesale distributor, or any other person authorized by law to dispense or administer prescription drugs, and the affiliated warehouses or distribution centers of the entities listed in this subsection (1)(a), if they are under common ownership and control and do not act as a wholesale distributor. See Montana Code 37-7-602
• 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
• distribution: means the sale, purchase, trade, delivery, handling, storage, or receipt of a drug or device and does not include administering or dispensing a prescription drug, pursuant to section 353(b)(1), or a new animal drug, pursuant to section 360b(b) of the Federal Food, Drug, and Cosmetic Act, 21 U. See Montana Code 37-7-101
• Docket: A log containing brief entries of court proceedings.
• 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

• Drug product: means a dosage form containing one or more active therapeutic ingredients along with other substances included during the manufacturing process. See Montana Code 37-7-502
• Drug utilization review: means an evaluation of a prescription drug order and patient records for duplication of therapy, interactions, proper utilization, and optimum therapeutic outcomes. See Montana Code 37-7-101
• Dynamic knowledge-based authentication assessment: means an identity assessment that is based on a set of questions formulated from public or private data sources that does not contain a question for which the principal provided a prior answer to the entity doing the assessment. See Montana Code 1-5-602
• Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Montana Code 1-5-602
• Electronic notarization system: means a set of applications, programs, hardware, software, or technologies designed to enable a notary public to perform electronic notarizations that renders every electronic notarial act tamper-evident through the use of a security procedure and that meets the requirements of this part and implementing rules. See Montana Code 1-5-602
• Electronic signature: means an electronic symbol, sound, or process attached to or logically associated with a record and executed or adopted by an individual with the intent to sign the record. See Montana Code 1-5-602
• Eligible individual: means an individual who is:

  (a)enrolled in the medicare program;

  (b)enrolled in the medical assistance program provided for in Title 53, chapter 6; or

  (c)uninsured and whose family income does not exceed 200% of the federal poverty level. See Montana Code 37-3-803

• 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}
• Equivalent drug product: means a drug product that has the same established name, active ingredient or ingredients, strength or concentration, dosage form, and route of administration and meets the same standards as another drug product as determined by any official compendium or supplement. 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.
• Ex officio: Literally, by virtue of one's office.
• FDA: means the United States food and drug administration. See Montana Code 37-7-101
• Fiduciary: A trustee, executor, or administrator.
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Fraud: Intentional deception resulting in injury to another.
• Generic name: means the chemical or established name of a drug product or drug ingredient published in the latest edition of an official compendium recognized by the board. See Montana Code 37-7-502
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Health care: has the meaning provided in 50-16-504. See Montana Code 37-3-803
• Health care facility: has the meaning provided in 50-5-101. 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
• Identification credential: means a government-issued record evidencing an individual's identity. See Montana Code 1-5-602
• Identity proofing: means a process or service by which a third person provides a notarial officer with a means to verify the identity of a principal by:

  (a)a review of personal information from public or proprietary data sources; or

  (b)biometric data including but not limited to facial recognition, voice analysis, or fingerprint analysis. See Montana Code 1-5-602

• 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

• In a representative capacity: means acting as:

  (a)an authorized officer, agent, partner, trustee, or other representative for a person other than an individual;

  (b)a public officer, personal representative, guardian, or other representative, in the capacity stated in a record;

  (c)an agent or attorney-in-fact for a principal; or

  (d)an authorized representative of another in any other capacity. See Montana Code 1-5-602

• Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. ^{Source: FDIC}
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Interchangeable biological product: means a biological product that the federal food and drug administration has:

  (a)licensed; and

  (b)(i) determined meets the standards for interchangeability pursuant to 42 U. See Montana Code 37-7-502

• 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

• Judicial officers: means justices of the supreme court, judges of the district courts, justices of the peace, municipal judges, and city judges. See Montana Code 1-1-202
• 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.
• Jurisprudence: The study of law and the structure of the legal system.
• 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
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Long-term care facility: has the meaning provided in 50-5-101. See Montana Code 37-7-101
• Manufacturer: means :

  (a)a person approved by application to the FDA to manufacture a product as defined in section 360eee of the Drug Supply Chain Security Act, 21 U. See Montana Code 37-7-602

• Manufacturing: means the production, preparation, propagation, conversion, or processing of a drug or device, either directly or indirectly, by extraction from substances of natural origin or independently by means of chemical or biological synthesis. 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
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Notarial act: means an act, whether performed with respect to a tangible or electronic record, that a notarial officer may perform under the law of this state. See Montana Code 1-5-602
• Notarial officer: means a notary public or other individual authorized to perform notarial acts. See Montana Code 1-5-602
• notary: means an individual commissioned to perform a notarial act by the secretary of state. See Montana Code 1-5-602
• Oath: A promise to tell the truth.
• Oath: includes an affirmation or declaration. See Montana Code 1-1-201
• Oath or affirmation: means a solemn verbal promise by which a person knowingly and willingly attests to the truthfulness of a statement and that is administered by a notarial officer. See Montana Code 1-5-602
• Official record: means a record or copy of a record attested by the officer or the officer's deputy with legal custody of the record that is accompanied by a certificate that the officer has custody of the record. See Montana Code 1-5-602
• Official stamp: means a physical image affixed to or embossed on a tangible record or an electronic image attached to or logically associated with an electronic record. See Montana Code 1-5-602
• 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

• Oversight: Committee review of the activities of a Federal agency or program.
• Participant: means a physician's office, pharmacy, hospital, or health clinic that has elected to voluntarily participate in the cancer drug repository program provided for in 37-7-1403 and that accepts donated cancer drugs or devices under rules adopted by the board. 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: means a consumer of services from an audiologist, a speech-language pathologist, a speech-language pathology assistant, or an audiology assistant, including a consumer of those services provided through telehealth. See Montana Code 37-15-102
• 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
• Person: means an individual, corporation, business trust, statutory trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. See Montana Code 1-5-602
• Person: has the meaning provided in 37-7-101. See Montana Code 37-7-502
• Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
• Personal property: All property that is not real property.
• Personal property: means money, goods, chattels, things in action, and evidences of debt. See Montana Code 1-1-205
• 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
• Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
• Practice of audiology: means nonmedical diagnosis, assessment, and treatment services relating to auditory and vestibular disorders as provided by board rule and includes the ordering, selling, dispensing, and fitting of over-the-counter hearing aids and prescription hearing aids. See Montana Code 37-15-102
• 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

• Practice of speech-language pathology: means nonmedical diagnosis, assessment, and treatment services relating to speech-language pathology as provided by board rule. See Montana Code 37-15-102
• Practice pharmacy by means of telehealth: means to provide pharmaceutical care through the use of information technology to patients at a distance. 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
• Prescriber: means a medical practitioner, as defined in 37-2-101, licensed under the professional laws of the state to administer and prescribe medicine and drugs. See Montana Code 37-7-502
• 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
• Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
• Principal: means :

  (a)an individual whose signature is notarized; or

  (b)an individual taking an oath or affirmation from the notary public but not in the capacity of a credible or other witness for the notarial act. See Montana Code 1-5-602

• Printing: means the act of reproducing a design on a surface by any process. See Montana Code 1-1-203
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
• Product selection: means to dispense without the prescriber's express authorization a different drug product in place of the drug product prescribed. See Montana Code 37-7-502
• Property: means real and personal property. See Montana Code 1-1-205
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Provisional community pharmacy: means a pharmacy that has been approved by the board, including but not limited to federally qualified health centers, as defined in 42 C. See Montana Code 37-7-101
• Public key certificate: means an electronic credential that is used to identify an individual who signed an electronic record with the credential and is issued and managed by a third-party provider utilizing public key infrastructure technology. See Montana Code 1-5-602
• Public key infrastructure technology: means a method of enabling a user of an unsecured public network, including the internet, to securely and privately exchange data and money through a public and private cryptographic key pair that is obtained and shared through a trusted certificate authority that provides for:

  (a)a digital certificate that is able to identify an individual or organization; and

  (b)a directory service that is able to store and, if necessary, revoke a digital certificate. See Montana Code 1-5-602

• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• Qualified patient: means a person who is uninsured, indigent, or has insufficient funds to obtain needed prescription drugs or cancer drugs. See Montana Code 37-7-101
• Quorum: The number of legislators that must be present to do business.
• Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Montana Code 1-5-602
• Registry: means the prescription drug registry provided for in 37-7-1502. See Montana Code 37-7-101
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Remote notarization: means a notarial act performed by means of communication technology on a tangible record that meets the standards adopted under this part. See Montana Code 1-5-602
• Remote online notarization: means a notarial act or notarization performed by means of communication technology and an electronic notarization system on an electronic record that meets the standards adopted under this part. See Montana Code 1-5-602
• Remote presentation: means transmission to the notarial officer through communication technology of an image of a government-issued identification credential that is of sufficient quality to enable the notarial officer to:

  (a)identify the individual seeking the notarial officer's services; and

  (b)visually review the identity credential and its data; and

  (c)perform credential analysis. See Montana Code 1-5-602

• Repackager: means a person who owns or operates an establishment that repacks and relabels a product or a package for:

  (a)further sale; or

  (b)distribution without a further transaction. See Montana Code 37-7-602

• School of acupuncture: means a school in which acupuncture is taught that has been recognized and designated by the alternative health care board. See Montana Code 37-13-103
• Security procedure: means a procedure employed for the purpose of verifying that an electronic signature, record, or performance is that of a specific person or for detecting changes or errors in the information in an electronic record. See Montana Code 1-5-602
• Service of process: The service of writs or summonses to the appropriate party.
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• Sex: means the organization of the body parts and gametes for reproduction in human beings and other organisms. See Montana Code 1-1-201
• Sign: means , with present intent to authenticate or adopt a record:

  (a)to execute or adopt a tangible symbol; or

  (b)to attach to or logically associate with the record an electronic symbol, sound, or process. See Montana Code 1-5-602

• Signature: means a tangible symbol or an electronic signature that evidences the signing of a record. See Montana Code 1-5-602
• Speech-language pathologist: means a person who practices speech-language pathology and who meets the qualifications set forth in this chapter. See Montana Code 37-15-102
• Speech-language pathology assistant: means a person meeting the minimum requirements established by the board who works directly under the supervision of a licensed speech-language pathologist. See Montana Code 37-15-102
• State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Montana Code 1-5-602
• 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
• Statute: A law passed by a legislature.
• Subpoena: A command to a witness to appear and give testimony.
• Summons: Another word for subpoena used by the criminal justice system.
• Tamper-evident: means that any change to a record must provide evidence of the change. See Montana Code 1-5-602
• Telehealth: has the meaning provided in 37-2-305. See Montana Code 37-15-102
• Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Therapeutically equivalent: means those chemical equivalents that, when administered in the same dosage regimen, will provide essentially the same therapeutic effect as measured by the control of a symptom or a disease and/or toxicity. See Montana Code 37-7-502
• Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Trustee: A person or institution holding and administering property in trust.
• United States: includes the District of Columbia and the territories. See Montana Code 1-1-201
• Usual: means according to usage. See Montana Code 1-1-206
• 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

• Venue: The geographical location in which a case is tried.
• Verdict: The decision of a petit jury or a judge.
• Wholesale: means a sale for the purpose of resale. See Montana Code 37-7-101
• Wholesale distribution: means distribution of prescription drugs to persons other than a consumer or patient. See Montana Code 37-7-602
• Wholesale distributor: means a person or entity, other than a manufacturer, a manufacturer's colicensed partner, a third-party logistics provider, or a repackager, who is engaged in wholesale distribution of prescription drugs. See Montana Code 37-7-602
• Writing: includes printing. See Montana Code 1-1-203